Loading...
HomeMy WebLinkAbout58-14 Gendron, RogerPermit Class NEB' 1' umber S8-14 STATE OF NORTH CAROLINA ..., Department of Environment and Natural Resources and .Coastal Resources Commission ��1Yl�Ci� 4 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 } _ Excavation and/or filling pursuant to NCGS 113-229 7` Issued to Roger Gendron, 2214 Allens Lane Wilmington NC 28403 E Authorizing development in New Hanover County at AIW W, 411 Summer Rest Road Wilmington as w �Pci "_tr_d in the permittee's application dated 3/10/14, including the attached workplan drawings (51, 2-4 of 4 dated 3/10/14 and Sheet 1-2 of 2 dated received in the Morehead City Office on 4/23/14 i This permit, issued on Jame .71 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. Docking Facility '1) Unless specifically altered herein, this permit authorizes the docking facility, gazebo and boatlifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. ,2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the. entire existence of the permitted structure. (See attached sheets for Additional Conditions) -" .This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing ",date. An appeal requires resolution prior to work initiation or ,':continuance as the case may be. "-This permit must be accessible on -site to Department petsonnel when the project is inspected for compliance. Any maintenance work or project modification not covered heretYnder requires further Division approval. All work must cease when the permit expires on December 31, 2017 issuing this penn% the State of North Carolina agrees lour project is consistent with the North Carolina Coastal tgeriient Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. d7'a3> R1�1- V. i7 'tt Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Roger Gendron Permit #58214 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the docking facility built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4), The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. No portion of the authorized docking facility shall exceed the established pier head line. 6) s No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 7) , No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8j The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) . , This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury 1 which may be caused from existing or future operations undertaken by the United States in the public $ e interest. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) This permit authorizes a total of 4 formalized boatslips association with this docking facility. 12) t. The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 13) The roof of the gazebo shall not be designed for second story use. General 14)' The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the ?opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused s' 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. .......... )Roger Gendron Permit #58-14 Page 3 of 3 ,r ADDITIONAL CONDITIONS 15), In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at b=://www.fws.izov/ne- es/mammal/manatee guidelines.pdf. 16) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. I 1'•7) 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. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE j 3 1 ATI�TT This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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. The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0450. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-00815 which was issued on 6/9/14. II}L'i JAi APPLICATION for APR 2 3 2014 Major Development Permit past revised 12/27,06) DCM-MHDCITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information J Bus�.ness Name Pro:ect Name (d applicable) j I Applicant is Frst Name MI I Lau Name Appocant 2: Prst Name M� I Las: Name If additional applicants p,erse attach an add:honal page; s) w:(h names sled. Mailing Address PC Sex City II-- eery �i✓,�aiK N------. Zii? —; Country pho^e No -- —_— - FAX No. 29Y03 UM ex� Street Address (ifd:)"erent /turn above) uty Slate ZZP � I trnaO S L3enolli e n (,Bonn 2. Agent/Contractor Information Bus,ness Name Agent Contractor 1-. First Name Mt Agent/ Contractor 2. First Name j M Mailing Address Zip ae FAX No S^:reel Address 'd different from above) Email efl�l r�1SA, Cowl -- on;rar,'pr a Last Name PC Box City Form continues on back> City RECEIVED DCM WILMINGTON, NC WlAti 2 5 Z014 Form DCM MP-1 (Page 2 of a) AVMMA I KM for Major Development Permit 3- Project Location 1 County (ran mumple! Street Address N� I yip sk �Subdivision Name h Phtxte Nam/- -10214 ex, a in whlch NC r.ver bas n Is'he p"4act loceted't c Is t e wafer body tdenbrt feIt. lb) above. natural or manmade' Natl.ral Clivlanmade l�'•Nlknown e Is sed work within city brmts or planning lurrsd =9dnn as [:]NO 4. Site Description a Total Iengttt of shorelne an the tract fit ) Size of rndindual IOU S, Ili many lot sites pieane anJcn addefional page w16h a i1st) e Vegerahon on tract f Man-made features and uses now on tract State Re R State T� !O170, W �Lst h•:lil f•!mar:y arras^.W.Nh,ner. aV warn r•,r� i • C� r:arge rl y -./ naref nParr St f� prGpuSed pmp•'t f 2 Name me uosest mO+or water bo,;� w me propos.M Pro ett site i r Ir •ipp ca[he I:sr the planning lun>i« iron or i.dv leftt tha oloprised w/.jrr4 IIxI,i .0,,�m e `'6zeofof Prinre !relit jyq it) — J —� �,Apyy;I}:m vahon Cr tract d!-r.c NHW i^�m'� n"ih warell or f,a . cJnnai Walter k-iOl ❑Nr1W Or nAL g Identify and describe the ex Ong land uses W-WE! to the p!oposei pnleu. - Ve h How does local govemrr[ent nine the tracts s he oposed prolect cOnNsterif w in the applicable zoning' _-! ..--_. I IAiI h 2dnrrlg cdmpbance cert�hcatB. J dPPlrcaMet I rrs []Nit uNA Is it* prGPOSed a6tlwty pan cf an urban waierlron' rede+elOPmen. pnposal' ❑yes V f - - ��— - - --- _ — ire; No QNA 1 k Has a p otess•Irlal archaeulugical assessment been done fcr he Var ' it :Ps at Ch t cC G i It yesby whaal? I l is the proposed prolect located in Ili National Registered `bstonc [Meet' woes r' lnvt'vP a Oyes J Q Nabdnat Register Wild or eligible prttperly)-- <Form continues on next page, ' No :I APR 2 3 2014 MAk 2 5 Z014 NC - Major Development Permit m. (i) Are there wetlands or, the site? NZYes ONO Ili) Are there coastal wetlands on the site % pp Yes ❑N (iii) If yes to either (i) or (ii) above, has a delineation been conouctedl ❑Yes No (Attach documentation. if available) n. Describe existing wastewater treatment. fadiities. o. Describe existing dnntc,ag water supply source. p_ Descrbe existing storm water management or !realmer! ayste.-, 5. Activities and Impacts a. Will the project be .for commeroal, Publicor private us t, b, Give a brief tlescnpncr, of pu/plo�e, u,,e. and daily ocera!,ons cf t e urojeu wnen r.; replete I f/Cs l[e7eyL/w�A /dirn fjn, i/1//��tm.SA� H1lf RECEM APR 2 8 2014 DCM-MHDC" c. Describe Me proposed Construction me,hoa: .. - c m_.-„_. - f earn ype of e,'<:,Cm eel and where s ! be stored 'M-o h tx doli> �L�►�Gr�3l, srnl�n w� -1 t✓°"�t l .f '4/' F, pexf �1i111L�� U)i >` .! �.,.0 /_ Y/lilt G,�., l�1,,,.u1 /I/u./%//a)..✓�.. / v.un'LiL.,�,,._�1�.c /ot ��„rc/t�.�ti.o �INJ /�q — � .. �� /-/V•� / /v• w v _ � i �-..n �y.r .y I �,r✓—n. �..�. .y 1_I(•' i /ty Tung, iff rX►LP',5►4,11 Eck, Are the proposed activities maintenance of an ex s„rv-pr ';e ne.v worth, or bo'h� N , f. What ,s the approx,mate rota o,seurbed and area resulting from ;tie proposed project? ❑Sp. Ft or EA -re, g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes VNo V NA - that the public has established use of? _ J h. Describe location and type of existing and proposeydd Jiss(cnarrges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes FiNo ❑NA If. yes, will this discharged water be of the same salinity as the rece,v,ng water []Yes ;_L ❑NA --t I. Is there any mitigation proposed? ❑Yes YNo ❑NA II yes. attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 Major Deveh pment Permit B. Additional Information in addition to this completed application /ram, (MA11 the IdlOwat? iloms below, of JAW"abla must be subm'"Od m o 'Ior for the appiicavart package to be complete. )firms (a) - (l) are always applicable to any major development application Please CunsuM the Apphcm" instruction booklet on how to properly prepare the required items below a A project narrative proposeo project Is any portion already `deiaeen rodr'�'cornpult6u-arterproposdU fan view and cross -sectional drawings) drawn to scale Please give the present stJr,5 0f the complete? If previously authorized work. Clearly indicate on maps plats drawings to distinguish A site or location map that is sufficiently detailed to guide agency perse noel unfamiliar Willi the area 10 the site Cl A Copy Of Me (win state application oNyl or other instruiment under twrK.h the applicant claims floe to ine affected juv&rres appropriate application fee Check or money order made payable to CENR t A list of the names and complete addresses of the adjacent waterfront rnpanani landowners and signed return rece:pls as proof that suM i owners have received a copy of the application arm plats by certified mad Such IandOSwlers must be advised that they have 30 days in which to submit comments on the proposed project to the D intimn of t.uJS!ai management Name T^6 Phone NO krr Address �i/�l L :�� _ I Name&Zil01*04 . p�49 Addres•P#0291111!f OM Name Pncntr Nit AQdesS y A u,! pi prNvlGu; slate 0r lenerai permits ,-,ue f. work pit the pr teC -rf.- Irihi!te nPrnir! r �n :yrt pprmiilkP 2rtd rSv.i4� ilaiPs I I n Signed consultant or agent authonzahon form it applicable ' i YvettarH3 delineatlOn If MCEMsary - i A c.rmM AGf hararn rrrhra Inc mronris •.. o..,o..m ...n p.rm . +r,.r nJ L.�pwJ� •-.-,y;p.ty J <�•^•} t`—A statement d c0mpeance won the N C Env onmFinai P n y AC l+ C t. o I' iA t tp) r ,vi t iary n the proic -n.0 .its a.{Wndnvre of public funds or use of public lands. attach a - falami doeume.rr,,,3 ,i t •*ce with the Nona f amur a En..rmmereal ff pcy Ae t 1 . Certification and Permission to Enter on Land t understand that any permia issued in re3ponse to this appi,caliun will dtluw orgy the development desrr"I rn IhP application The project will be subject to the condibuns and reslnurdris whtainez ,<i the permit I certify that 1 am authorized to grant, and Oct in fact grant pereirssr3ti to representatives Of state anal tedera re.u•w agr•ncles to enter on the aforementioned lands in connection with evauatrnq ad.Finaeton ret7teo lu this pe•m4 appitca•ion and follow up monitoring of the project I further certify that the niformahon protrded in this appliCaL r:'i`{ t- fui W th¢ best ul my know a file Date( �a7 Print Name _f V� Signature APR 2 3 2014 Please m indicate application attachments pertavig to )out proposed protect DDCM MP-2 Excavation and Fill Information ❑0CM MP-5 Bridges and Culverts QgEM MP-3 upland Development DCM•MHDCITY CM MP-4 Structures Informahon RECEIVED DCM WILMINGTON, NC —521�14- Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applica, a. (i) Is the docking facility/marina: b. (i) Will the faci y be open to the general public? OCommercial ❑PubliclGovemment V76 rivateeTmamty ❑Yes o / c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? wYes ❑No (ii) Number I If yes: (iii) Length 01100 (ii) Number (iv) Width (iii) Length T (v) Floating ❑Yes No (iv) Width / (v) Floating es ❑ e. (i) Are Platforms included? •C yYes []NO f. (t) Are Boatlifts included? yes ❑No If yes'. If yes: (ii) Number (ii) Number (iii) length � (iii) length Ll— (iv) Width (iv) Width (v) Floating ❑Ves No Note. Roofed areas are calculated from ddpline dimensions. g. (i)ber of slips proposed In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage. fuel, and marine supplies G Dockage (-wet slips') only, number of slips: _ ❑ Dry storage. number of boats: ❑ oat ramp(s): number of boat ramps: _ other. please describe. gts i. Check the proposed type of siting: I Describe the typical boats to be served (e.g., open runabout. ❑ Land cut and access channel charter boats. sail boats. mixed types). ❑ en water: dredging for basin and/or channel i24405w4r s9open water; no dredging required ❑Other; please describe: k. Typical boat length. U {/ I. (i) Will the fa ill be open to the general public? ❑Yes No m. (i) Will the fa try have tie pilings? ❑Yes (ii) If yes number of tie pilings? RECEIVED APR 2 3 7014 DCM WILMINGTON, NC MAR 2 5 2014 Z DOCKING FACILITY/MARINA OPERATIONS 1 7fi his section not appiccabit a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _ Location: ❑ Showers ❑ Boatholding lank pumpout.: Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. O Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of'Pumpouf Availabiesigns proposed. f Describe the special design. if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h, Give the number of channel markers and -No Wake` signs proposed. _ i. Give the location of fuel handling facilities. and describe the safety measures planned to protect area water quality. 1. What will be the marina policy on overnight and live -aboard dockage? k. I. If this project is an expansion of an existing marina. what types of services are currently provided? Ir;ySBSlall3yy RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 .r.. .:C :. _.. - -. m. Is the manna/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the mannaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. _ ❑CW ❑SAV ❑SB OWL QNone p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes (:INo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) r l f M This section not applicabr a. (j) Is the boathouse structure(s) ❑Commercial ❑Publlc/Government ❑PrivaleiCommunity (ii) Number (m) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2. Excavation and Fill.) r jo gThis section not applicabr a (i) Number (ii) Length (iii) Width _ 5. BREAKWATER (e.g., wood. sheetpile, etc.) - 1%J 1(a This section not applicabr a Length _ c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW. NWL. or wetlands 6. MOORING PILINGS and BUOYS I In VThis section not applicabi a. Is the structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should he measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor. etc.) e. Arr• of the swing RECEM RECEIVED (APR 2 3 2014 DCM WILMINGTON, NC MAR 2 5 2014 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. /- AD' 4 yb, Note' For buoy or mooring piling, use arc of swing including length of vessel. a Width ofwater body d. Water de Ih,!,IjalerWaldonIOISwctureatNLWorNWL 10, e. (i) Will naviga nal aids be required as a result of the project? DYes No ❑NA (ii) If yes, explain what type and how they will be implemented 8. OTHER G This section not applicabl a. Give complete description ,{yl�7n/ /,1x61x'hv�u l✓n9kwa� . /b�,y�'GN2�3�, /���1'�lf]lrs L,v�L , %lv0 �avfiY�!�S w i�jnrp y gr g,, ill wwo Gate Project Name Appl�cant Name Applicant Signature RECENED APR 2 3 2014 `t. DCM-MHD CITY RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 ILo�Ls n [ Cu K EDGE OF MARSH ioixiv tit 15' RIPARIAN SETBACK 15' RIPARIAN SETBACK Iooif-rl'�L- lot 6' WOOD PIER x 600' 3 r F_• 16' X 16' GAZ 3 m 0 0 zC - -- -- �15' RIPARIAN SETBACK CHANNEL)ICY DTF)AnTA.1 --_ — 3 LUlrl\ I IllUH I W W UUIJ 11LIPW LIFT � (TYPICAL) �.'. I I �14 I 170' = OPEN WATER SETBACK `� I 6' X 40' FLOATING DOCK 14,6' I 80' SETBACK F ,�- Q- 8'X16' I -----_ SUN DECK 10 I - - - - - - 680,1OF OPEN WAAR -F-- - —1 _- — — - • of � I — — — 'h 10' WbOD PILING JTPICAL) L71 P I RECEIVED /o UP4 �^1 — — — — DCM WILMINGTON, NC _T -- -- L. a METAL I FLOATING ► IaAR-2 5 2i1t4 ` �� RAMP DOCK G�Nt. 61: te7iGh, V, 1AEr F&S Marine Contractors, loc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: eftyOmsn.com F1 s� �b CIF Jim t� �yb/ lokInw] I) _M /t 1 n Lid o n .. DmRECEIVED N n w DCM WILMINGTON, NC �1 m � - o /� MAR 2 5 2014 /3 Z m y Z� 0 LOCATION MAP - NOT TO SCALE wmW N �� FRr>� CENTRAL ,� REECH S r � `•��, n RECEIVED APR 2 3 2014 DCM-MHDCITY RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 1bor -'b)q yw Ti ne IC r'gAr NCDENR S' j`T North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 19, 2014 Mr. Richard Gendron 2214 Aliens Lane Wilmington, NC 28403 Subject: EXEMPTION Stormwater Project No. SW8140424 Gendron Docking Facility Project New Hanover Dear Mr. Gendron: 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 April 21, 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.lewisOncdenr.gov. Sincerely �(�� 0 For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and land Resources GDS/arl: GAWQISharedlStormwaterlPermits & Projects120141140424 Exemption12014 06 permit 140424 cc: Ed Flynn; F&S Marine Contractors, Inc. iIEIVEI) New Hanover County Building Inspections Tara MacPherson/Shaun Simpson Bedg+Mggett, DCM J nna h A +6e i I rJUN 2 6 2014 Wilmington Regional Office Stormwater File DCtb -V.qD C'TY 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) 3W-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: http://portal.ncdenr.om/webAr/ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: June 9, 2014 Regulatory Division Action ID No. SAW-2014-00815 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Roger Gendron to construct a pier and docking facility at 411 Summer Rest Road, along the AIWW, in Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. No portion of any structure, including the floating dock, will be constructed within 80 feet of the near bottom edge of the Corps federally maintained navigation channel or federal setback. Within two weeks of completion of the project, an as built survey of the authorized structure will be provided to our office for review of navigation concerns. 3. Dredging is not authorized. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authoeds. JUN 12 2014 DCM-MHD CrrY Boa For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, RECEIVED JUN 12 2014 DC,V-N'EJ CITY -3- Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington Dist_ U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violan. ���VEA JUN 12 2014 DCM-MUD ary -4- Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4829. Sincerely, IF-M-071 Ronnie D. Smith, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division RECEIVEp 219 Fort Johnson Road Charleston, South Carolina 29412-9110 JUN 12 7^'" DCMMHDCRV -5- Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 = JUN 12 2014 DCM-,MHDCr1IY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00815 County: New Hanover CAMA Permit #: 58-14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: Mr. Roder Gendron 2214 Aliens Lane Wilmington, North Carolina 28403 Telephone Number: Size (acres) 0.65 Nearest Town Wilmington Nearest Waterway AIWW River Basin Cave Fear USGS HUC 03030001 Coordinates Latitude: 34.22291 Longitude:-77.81097 Location description: The vroiect area is adjacent to the AIWW and is located at 411 Summer Rest Road, in Wilmington. New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes the construction of a docking facility, including a vier, floating dock, gazebo and two boatlifts, within 5,180 square feet of navigable waters of the United States. 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: GP 291 SEE ATTACHED RGP or NWP GENERAL and REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and information dated March 10, 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 1 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. 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 910-251-4829 or by email at ronnie.d.smith(a, usace.armv. m it Corps Regulatory Official: Ronnie Smith Date: July 2, 2014 Expiration Date of Verification: December 31. RECEItiEi; JUL 0 7 2014 DCM-MHDCITy SAW-2014-00815 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 AIWW is subject to the ebb and flow of the tide and is used to transport interstate and foreign commerce and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. 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 Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 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 SAW-201"815 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 1, 2014. "It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Ro to S Date of JD: July 2, 2014 Expiration Date of JD: July 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 httl2://re ug latoiy.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished with Enclosures: Mr. Ed Flynn F&S Marine Construction, Inc. Post Office Box 868 Wrightsville Beach, North Carolina 28480 Copy Furnished without Enclosures: Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Tara MacPherson North Carolina Department of Environment and Natural Resources Division of Coastal Managment 127 Cardinal Drive Extension € WEVED Wilmington, North Carolina 28405 Ms. Joanne Steenhuis JUL 0 7 201d North Carolina Department of bCM-MffD CrrV 0 SAW-2014-00815 Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 10 tag -- - - North Carolina Department of Environment and Natural Resources- ' Pat McCrory John E. Skvarla, III Governor Secretary June 30, 2014 Roger Gendron 2214 Aliens Lane Wilmington, N.C. 28403 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the . State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if anothenqualified 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 bya contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel. at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, g, Douglas V. Huggett Major Permits and Consistency Manager 4170 Commerce Avenue, Morehead City, North Carolina 28557 'Phone 252-808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmana'gembnt.net An.Equal Oppottunity l Affirmative Action Employer DCM Coordinator: 140� Permit #: Permitee• Agents: MAILING DISTRIBUTION SHEET c DCM Field Offices Elizabeth City Morehead City Washington C �Vv- W' mgton (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland _ Wilmington: ue Smith Cultural Resources: Renee Gledhill -Early or (e ' ental.review@ncder.gov) Public Water Supply: iane Williams (WIRO oey e- NC DOT: en Pace Shellfish Sanitation: tti Fowler State Property: alton `— Water Resources: ins (Raleig IE� niessy OT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis - 401 CAff-C-ob-urn­--401-,, Lin a - rmwater Wildlife Resources: Mana unn (WARD) LPO: Fax Distribution: Permitee #: Agent #: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Roger Gendron c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 411 Summer Rest Road adjacent to the AIWW in Wilmington, New Hanover County. Photo Index — 2006: 22-7424 H-6 2000: 22-273 1-6 1995: 22-255 V-11 State Plane Coordinates - X: 2359360 Y: 174357 GPS: 0-040915A (uncorrected) Lat:34023'17.32197"N Long:77048'40.63866"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/28/14, 4/04/14, 4/09/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 3/25/14 Complete on: 4/15/14 Office- Wilmington 6. SITE DESCRIPTION: RECEIVED (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation APR 2 3 2014 (B) AEC(s) Involved: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private DCU-MHD CITY (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single family residence Planned- Construct four (4) slip docking facility, including pier, gazebo, sundeck, floating dock and two boatlifts. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) Non -Vegetated Wetlands (Open Water) ft. 3510 (Shading) 1670 sq. tt. (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 5,180 sq. ft. (0.1 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a private four (4) slip docking facility with a gazebo, sundeck, floating dock and two boatlifts. Roger Gendron Page 2 9. PROJECT DESCRIPTION The project site is located at 411 Summer Rest, adjacent to the Wrightsville Beach Recreational Area/Atlantic Intracoastal Waterway (AIWW), in the City of Wilmington, New Hanover County. To get to the site from the Wilmington regional office take US Hwy 74176 toward Wrightsville Beach and turn left on Summer Rest Rd., just before crossing the drawbridge to Wrightsville Beach. The property is on both sides of Summer Rest Rd. with the AIWW on the east. The property is adjacent to residential properties on the north and south sides. There are no existing structures on the project site adjacent to the AIWW. The project site is across Summer Rest Road where the single family residence is located. The site is approximately 0.65 acres and is vegetated primarily with scrub brush and native pine and oak trees (currently being cleared) which transitions into Section 404 wetland and Coastal Wetland areas. The project site has approximately 86 feet of shoreline frontage along the AIWW. Coastal wetlands onsite consist primarily of Smooth Cordgrass (Spartina alternif/ora) and Black Needlerush (Juncus Romerianus) in an area approximately 585 ft. in width (See sheets 1 and 4 of 4). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the project area are classified SA 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 CLOSED to the harvest of shellfish. 11.i�1 �•b9 � 171 Z�Ax�i i The applicant proposes to construct a private four (4) slip docking facility with a gazebo, sundeck, floating dock and two boatlifts. The applicant states that a pier, measuring approximately 600 ft. in length by 6 ft. in width, which would extend towards the AIWW, would terminate in a partially roof covered L-head platform (gazebo and sundeck) measuring approximately24 ft. in length by 16 ft. in width. A ramp would extend water ward of the platform onto a floating dock running perpendicular to the shoreline and AIWW measuring approximately 40 ft. in length by 6 ft. in width. Two boatlifts would be installed (one on either side of the floating dock) on the most landward end of the floating dock, each measuring approximately 14 ft. in length by 14 ft. in width. The application states that the proposed new docking configuration would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -6.0 ft. to -9.0 ft. at mean low water (MLW) (See sheets 1 through 4 of 4). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1,670 sq. ft. of Estuarine Waters and Pubic Trust Area and shade approximately 3,510 sq. ft. of coastal wetlands. The proposed structure would extend approximately 94 ft. into a water body, which measures approximately 680 ft. across. The structures would be located in water depths of -6.0 ft. to -9.0 ft. (MLW) and would conform to both the 1/4 width rule and the established pier lengths according to the riparian survey. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement or the USACE 80 ft. setback requirement. Minor increases in turbidity should be expected during construction. = APR 2 3 2014 DCM MHD crry Submitted by: Tara MacPherson Date: April 21, 2014 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Roger Gendron PROJECT NAME: Gedron Docking Facility COUNTY: New Hanover LOCATION OF PROJECT: 411 Summer Rest Rd., adjacent to the A1WW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-15-14 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Macpherson � DISTRICT MANAGER REVIEW: J"/ B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC ): 4-24-14 ADJ. RIP. PROP NOTICES RECD: l APPLICATION ASSIGNED]j TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 4-21-14 FEDERAL DUE DATE: DISTRICT OFFICE: WILMINGTON FEE RECD: $250 END OF NOTICE DATE: 5-15-14 DEED RE D: S ON: 150 DAY DEADLINE: STATE DUE DATE: 5-15-14 Lry a • Zvi TY a : P PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES RECEN$D Coastal Management- Regional Representative y 23'�y ✓ APR 2 3 2014 Coastal Management - LUP Consistency Division of Community Assistance t( �3 1 ;� I)CM-MHDC" Land Quality Section (DEMLR) Division of Water Resources (401) - tt{-IN ✓ Storm Water Management (DEMLR) 5-1 N - State Property Office S - t -L-1 N Division of Archives & History-ZM -1 y Division of Environmental Health +,m- It( V Division of Highways 1{-L$- I tl �/ Wildlife Resources Commission S- 16 4 4/ Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers Q U, Pv1 5-b- In DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 REPLY TO ATfEMiONOF: June 9, 2014 Regulatory Division Action ID No. SAW-2014-00815 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Roger Gendron to construct a pier and docking facility at 411 Summer Rest Road, along the AIWW, in Wilmington, New Hanover County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines. 2. No portion of any structure, including the floating dock, will be constructed within 80 feet of the near bottom edge of the Corps federally maintained navigation channel or federal setback. Within two weeks of completion of the project, an as built survey of the authorized structure will be provided to our office for review of navigation concerns. 3. Dredging is not authorized. CFMD 4. The ttee must install and main R) permi fain, at his expense, any signal lights�ind signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized f07h ZA DCM-MHD CITY -2- For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAAINATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 8. Approval of the structure is based on determinations that there would be no obstruction to navigation. The stricture may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time„in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, -3- Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemrittee's discovery of the violation. Md � JUN 12 2014 DC-V,N. DCITY -4- Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4829. Sincerely, &70-06�9 Ronnie D. Smith, Project Manager Wilmington Regulatory Field Office Copy Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Jonathan Howell Morehead City Regional Office \VNorth Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 gcow JUN 12 2014 rcw"'� ,TV -5- Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED Y JUN 12 2014 DCM-MHDCn y AAA �r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 John E. Skvarla, III Secretary RECEIVED Division of Coastal Management MEMORANDUM: APR 2 8 2014 TO: Jessi Baker Fisheries Resource Specialist DCM-MIDCITY Division of Coastal Management FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 J4-x'1_, DATE 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395.3964 Internet: www riocoastalmanagement net An Equal Opporlunil 1 Alfimtive Achm Employer w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 5, 2014 Mr. Roger J. Gendron 2214 Allen's Lane Wilmington NC 28403 John E. Skvada, III Secretary DWQ Project # 14-0450 New Hanover County Subject Property: 411 Summer Rest Road — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Gendron, You have our approval, in accordance with the attached conditions to construct a new private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on April 22, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3900 (GC3900) are met. This certification may also be viewed on our website at hM://portal.nedenr.org/web/wq/swp/ws/401 /certsandponits. This Certification allows you to use the Regional General #198000291 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401[Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. f REMMD MAY 14 i 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 ° t fi Phone: 919-707-86001Internet: www.ncdenr.gov An Equal Opportunity 1 Alfimiali a Action Employer- Made in pert by regcled paper 1XVW eery 2 411 Summer Rest Road New Hanover County 2014-0450 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, aa-01- Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3900 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 Permttee 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 r ' 1't; I r \ ` i. Date h 4�.: l: .ejar NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor e-%4D4•z.4-oZ April 21, 2014 Division of Coastal Management MEMORANDUM: TO: Maria Dunn NCWRC 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 Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 5- I3-2-->t MAY 16 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www ricco An Equal Oppolunily \ Aflinalive Action Employer a ;5 � c Q�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO John E. Skvarla, III Secretary ECEIVE APR 2 1 2014 BY:�_ Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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,y�S��- �c— DATES/?Sj��n/5� iRECMW MAY 14 2014 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanagement.net AnE al DCM-MMC" Equal Opporlunily\AlMrmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: APR 1 2014.' TO: Dan Sams Y District Manager DEMLR - WiRO John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 489-iC Z3 wli A, RECMM w MAY 6 2014 127 Cardinal Drive Ext., Wilmington, INC 26405 1 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagernenklkt. MHD CITY An Equal Opportunity \ Aff mnalive Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: TO: Debra Benoy District Manager Public Water Supply Ecep e APR 2 1 2014 By.•___� John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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: _X_ 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 CO(beccts to the project for reasons described in the attached comments. SIGNED`Al.-C.l.�.�t, &A&.2 CODATE �/Z2T �q RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 6 2014 Phone: 910.796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An Equal OpWuniry 1 Affirmative Action Employer DCM-MUD CITY NCDENR North Carolina Department of Environment and Natural Rcsourous Pat McCrory Governor John E. Skvarla, III Secretary April21, 2014 RECEIVED Division of Coastal Management APR 2 2 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 Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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: Thisagency has no objection to the project as proposed. a0r055 This agency has no comment on the proposed project. sCt° N^ 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 A RECCPIED 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 12 ?o Phone: 910-796.7215 \ FAX: 910.395-3964 Internet: www riccoastalmana ement.ne �ro. �tdn An Equal OAWunity \ Affinnafive Acum Employer Myrv7^ftfHp Cf f}' TAMMY THELISCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 NHtNttfNfNNNtNtHNtiNN4NHRNMNtHttNtNtNttNNHHRMIINNNNRNtROfMtRHfRNtNtHtHtHtNtHHfNt Filed For Registration: 12/30/2013 04:67:29 PM Book: RE 5790 Page: 2527-2530 Document No.: 2013044438 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $3,150.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013044438* DCM WILM NIGTON, NC MAR -9 5 2014 2013044438 ' f f 0N5 �\hO �II III III�IUW�u FOR TAMMY REGISTRATION REGISTER OF DEEDS NEW HANOVER COUNTY, NC 2013 DEC 30 04 07 29 PK SK 5790 PG 2527-2630 FEE $26 00 NC REV STAW VAN 00 I0VMENi 12019446 THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA Tax ID No.: R05710-002-056-000 COUNTY OF NEW HANOVER and R05710-002-020-000 REVENUE STAMPS: _ _ This .pmperly was th_e_Grantor'sprimary residence. Property Taxes are paidthru 2012 _ WARRANTY DEED THIS DEED, made this 3 1 day of ete.� 2013, by BENJAbUN KENYATA SULLIVAN and wife, GRACE SULLIVAN, of 4100 CHANDLER DRIVE, WII,MINGTON, NC 28405, GRANTOR, to ROGER J. GENDRON*of 2214 ALIEN'S LANE, WILMINGTON, NC 28403, GRANTEE; and wife, Susan L. Gendron WITNESSETH: That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and. State of North Carolina, and more particularly described as follows: SEE EXH MIT "A" *Grantor did acquire fee title by Specific Gift of Real Estate under the Will of Anne Elizabeth Bowden McCrary probated in the General Court of Justice, Superior Court, New Hanover County, at 2011E001225, November 21, 2011 at 2:07 pm. TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. RECEIVED DCM WILMINGTON, NC And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear 4tQ2 5 2014 Z02.9sr Ash Fuss256-8252 PC 1 � � encumbrances; and that Grantor will wan -ant 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' (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. The designation Grantor and Grantee as used herein shall include said parties, their hens, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the said 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 officers and its seal to be hereunto affixed by authority of its Board of Director:, the day and year first above written � ~a�:►,� (SEAL) BEN KEN TA SULLIVAN �L(SEAL) GRA I SULLIVAN STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, T.` ,.- , a Notary Public of the County and State aforesaid, do hereby certify that BENJAIVIIN KENYATA SULLIVAN and wife, GRACE SULLIVAN personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 2 0 dayof-11ceemlsef 2013. NOTARY PUBLIC My Commission Expires: 1I.-3h-4.o1V Norway= am afftmcdama NWNMW.c=T1y h►yCWMnW oBFkMitsaame (Notarial Seal) DCM WILM NIGTON, NC MAR 2 5 2014 1 ATTACHMENT TRACT ONE Parcel #R05710-002-058-000 BEGINNING at a pant in the western line of Ocean Avenue Two Hundred Twenty-five (225) feet North from its intersection with the northern line of Beach Street, and running thence Northwardly along said western line of Ocean Avenue Eighty-four (84) feet, thence Westwardly and parallel with Beach StreetTwo Hundred Filly (250) feet to the eastern line of Central Avenue, thence SouBiwardly along the eastern line of Central Avenue Eighty-four (84) feet, thence Eastwardly and parallel with Beach Street Two Hundred Fifty (250) feet to the Point of Beginning, the same BEING PART OF LOT NO THREE (3), BLOCKTWO (2), according to a map of'SUMMER REST" recorded in Map Book 10, Page 1, New Hanover County Regsstty TRACTTWO ParcelOR05710-002-020-000 BEGINNING in the western line of Ocean Avenue at the southeast comer of that part of Lot No Three (3) in Block Two (2) of the Village of Summer Rest conveyed by R R Stone and wife, Janie E Stone to W E Pearson and Came G Pearson of record in Book 116, Page 119, New Hanover County Registry, and running thence with the western line of Ocean Avenue and meth the eastern line of said lot 1 N 21-24 E 84 feet to the northeast comer of the aforesaid lot and the southeastern comer of Lot #4, 2 thence S 53 E 780 feet to the western line of the right of way for the Intra-Coastal Waterway, 3 thence, with the wester line of the said right of way S 42-25 W 84 feet, 4 thence, N 53 W 750 feet to the Beginning, comprising within the above described boundaries 1 3 acres of marshland CVED zolsn DCM WILMINGTON, NC 411 Sumner Rest Road, Wiftri&n. NC 2e405 MAR 2 5 2014 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Roger Gendron c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 411 Summer Rest Road adjacent to the AIWW in Wilmington, New Hanover County. Photo Index — 2006: 22-7424 H-6 2000: 22-2731-6 1995: 22-255 V-11 State Plane Coordinates - X: 2359360 Y: 174357 GPS: 0-040915A (uncorrected) Lat:34023'17.32197"N Long:77°48'40.63866"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/28/14, 4/04/14, 4/09/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 3/25/14 Complete on: 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: CW, PT, EW (C) Water Dependent: Ye (D) Intended Use: Private (E) Wastewate-Treatm€n . Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single family residence Planned- Construct four (4) slip docking facility, including pier, gazebo, suhdeck, floating dock and two boatlifts. — (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (35 10SI. sn ft. hadin Non -Vegetated Wetlands (Open Water) 1670 sq. ft. (incorporated) (C) Other - Highground disturbance — (D) Total Area Disturbed: 5,180 sq. ft. (0.1 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct a private four (4) slip docking facility with a gazebo, sundeck, floating dock and two boatlifts. Roger Gendron Page 2 9. PROJECT DESCRIPTION The project site is located at 411 Summer Rest, adjacent to the Wrightsville Beach Recreational Area/Atlantic Intracoastal Waterway (AIWW), in the City of Wilmington, New Hanover County. To get to the site from the Wilmington regional office take US Hwy 74/76 toward Wrightsville Beach and turn -left on Summer Rest Rd., just before crossing the drawbridge to Wrightsville Beach. The property is on both sides of Summer Rest Rd. with the AIWW on the east. The property is adjacent to residential properties on the north and south sides. There are no existing structures on the project site adjacent to the AIWW. The project site is across Summer Rest Road where the single family residence is located. The site is approximately 0.65 acres and is vegetated primarily with scrub brush and native pine and oak trees (currently being cleared) which transitions into Section 404 wetland and Coastal Wetland areas. The project site has approximately 86 feet of shoreline frontage along the AIWW. Coastal wetlands onsite consist primarily of Smooth Cordgrass (Sparfina a/terniflora) and Black Needlerush (Juncus Romerianus) in an area approximately 585 ft. in width (See sheets 1 and 4 of 4). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the project area are classified SA 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 CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a private four (4) sli ocking facility with a gazebo, sundeck, floating dock and tyae-boa# ts: The applicant states that a pier, measuring approximately 600 ft. in length by 6 ft. in width, which would extend towards the AIWW, would terminate in a partially roof covered L-head platform (gazebo and sundeck) measuring approximately24 ft. in length by 16 ft. in width. A ramp would extend water ward of the platform onto a floating dock running perpendicular to the shoreline and AIWW measuring approximately 40 ft. in length by 6 ft. in width. Two boatlifts would be installed (one on either side of the floating dock) on the most landward end of the floating dock, each measuring approximately 14 ft. in length by 14 ft. in width. The application states that the proposed new docking configuration would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -6.0 ft. to -9.0 ft. at mean low water (MLW) (See sheets 1 through 4 of 4). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1,670 sq. ft. of Estuarine Waters and Pubic Trust Area and shade approximately 3,510 sq. ft. of coastal wetlands. The proposed structure would extend approximately 94 ft. into a water body, which measures approximately 680 ft. across. The structures would be located in water depths of -6.0 ft. to -9.0 ft. (MLW) and would conform to both the 1/4 width rule and the established pier lengths according to the riparian survey. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement or the USACE 80 ft. setback requirement. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: April 21, 2014 Office: Wilmington P. 0 Box 868 Capt. Ed Flynn Wrightsville Beach, M.C. 28480 Durwood Sykes Phone/Fax 910-256-8062 email.efly@msn.com 10lHarch 2014 MCDENR Wilmington, MC. The enclosed CAMA Mq jor Permit application for /lily: Roger 6endron, 411 Summer Rest Rd., Wilmington, N. C. 28405, is to install o single family residential pier, 6' wide x 600' long, with a 16 k16'gazebo, 6 k40' floating dock and two boatlifts, for a total of four boat slips A 8'k IU' aLkUa The proposed pier meets all required setbacks It is to provide watccess and dockage for the applicants' family use. a"�, c�6 J Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED MAR 2 '5 2014 RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 gem 04M APPIRCHION MY 1. Primary Applicant/Landowner Information — Business Name -' ,. _ it i Pro ect Name (if apalicadtel Applicant 1: Firs! Name MI Last Name --_--1 Applicant 2: F'vs(Name I MI Last Name — — If additional applicants. please attach an additional pager's) with names listed. Mailing Address I PO Box City �dlU %�"`�L'413 LidYlw I ZIP � f I GP�hone N0. I FAX No. I pCoon;; �J ry t —� Street Address (if different from above) Cey S1a:e ZIP P Email 2. Agent/Contractor7nformation Business Name- -- f S 141ittt -- Agent/ Contractor 1: First Name Nil Last Name Agentf Contractor 2: First Name MI Last Name Mailing Address --' — P,OBox -City T State t ZIP>_ Pgdone Nc 1 Prone. No 2 - FAX No. Contractor tt Street Address (if different from abovel—�ity I Sate ZIP Email RECEIVED <Forrn continues on back> DCM WILMINGTON, INC MAR 2 5 2014 Form DCM MP•t (Page 2 of 4) Major Development Permit 3. Project Location 1 County (can a multiple) I Street Address Mi's. OVLgL- I y11 AMA Subdivision Name Phone No AID a5� IDa� e+t _ a In whlch NC rver tra5m is the project located'/ City c Is t e water body Idenb0a rr. M above. natural or manmade' iNaturai OManmade. ❑'•lakoown a Is p posed work.mthin city Ands at planning junsd :'Ian' �ti ❑Nit 4. Site Description a Total l eng th of shoretme on the tract (ft j c Size ofridivldualIOMSI (M many lot sizes pipese attach addefionaf page with a list) e VegeratranOntrac.l lr-epw L!A Na tit (If Nana of atracr, .fdJtAincl cage 1 ..aver nearest to proposed prnlerl I d Name the closest malur water bode to the proposal pro;e.t sta �91�4t ®tin -- ----- --------------- -.. 1 q appi;cabre list the planning µ rrs-!ti non or ON Vrd tha prdpased � A:?k :dad 4b,tt4P b �66ieSSof mare trait IsV n I _.__....-- — ],Apyra>•imvanon of vac[ al..r.e NHW inunraf hgh warn or i N;.( {r•Jrrtrai wvMr rcreit -r l6tl ❑NHW nr f7AL VV I Man-made features and uses now on tract g Identify and describe the ex;shng land uses adlacern to the proposed praleci .re h How does local government zone the tract? is the roposed project CQnslstenj w tb the applicable zoning' t iRil— h mmng co+�pllance cortdlcate, a app6cabtet I uNA % 1 I IS the proposed actrvny pan of an urban waterfron! redevelopmentpmpasal ❑vos f —^ — I,Has a profess,onal archaeological assessment beer done fur the t•aCl' 11 ses attach i Cap4 fires No QNR I If yes. by wMoor.) 1 is the proposed project teca(ed ina National Registered 4rstorrc Utstnc-cr ^oe; n =nvewe 3^ 0res u ❑ -- �� National Register bated or eligible property) I <Form Continues on next page> RECEIVED p_� WNII MIN(;Tni11,..�1� MAR 2 5 Z014 Major Deveiopment Permit m. (i) Are there wetlands on the site? (d) Are there coastal wetlands on the site? (iii) If yes to either (1) or (ii) above, has a delineation been conducted? (Attach documentation, it available) n. Describe existing wastewater treatment facilities. o Describe existing drinking water supply source. p. uescnoe existing storm water management or treatment systems. 15. Activities and Impacts or b. Give a brief description of purpose. use, and daily operations of the projeci when rornplete. ,,Aalil i)h� L 'ldtnt�t, ,'l�L+ rl j tyaa ?JlfGl�w7! i�y fitjif 9Yes ❑N ❑Yes No c. Describe the proposed construction met nodutogy, types of construction equipment to be usec during censtrucuon, the number of each type of equipment and where it :s I be sin d. /fi r hike b L-`H. ``�) ��v �r�AL � t�rrll/r3�A. 'JJYJ1e) ea:eIk+ i3'7wJ !u' , r; T/Je )/1J) V 01 Yllzi ___.a d. List all evelopment activities you proposg. ' - ,31, /IZ klZ'e,RigY3�q�'X f1b'�lb;fflI j Jd1i A9 01 V &;-g e. Are the proposed activities maintenance of an existing project. new wort, or both?— _ N61J f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, puU;c accessway or other area ❑Yes INo ❑NA� that the public has established use of? h. Describe location and type of existing and prdposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yas �4, ❑NA If.yes will this discharged water be of the same salinity as the receiving .eater') ❑Yes ON ❑NA j. -- ---- --' ❑Ys a No:DNA: — .. jIS If yes attach a Mitigation proposal.-- <Forrn continues on back> RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 rw i ulAn Ivir , jrayc+-it vl Major Development Permit 6. Additional Information !n aJJiGon fb rA+s a unplafod appGeaGvn ram, (MP-r) Me lollpwmg +tongs below, +l app rcapla must be subm+ned :n onlor,,or the appi ration package robe complete. Items (a) - (0 are advays applicable to any malot development applicabon Pleasa cansuk th, appl.cabnn mstructron booklet on how to properly prepare trio required items balow a A prolect narrative_— b An accurate, dated work plat (including plan view and crass-sec+zonal drawmgs) drawn to scat, Please give the present status of the proposed project Is any partton already completes It previously authanzed work, clearly indicate on maps plats, drawings to distinguish A site or location map that is detaded to guide agency personnel unfamiliar with the area to site A copy of the dead (with state application onlyl orother instrument under winch the applicant claims tine to me affected praperaes e The appropriate application fee or money order made payabie to A list of the names and complete addresses of the adjacent waterfrom:npanan+ landowners and signed return receipts as proof that such owners have received a Copy of the application and plats by certified mad S,+ch landowners must be advised that they have 30 days in which to submit comments on the proposed prolect to the Division of G�as!ai taanagement A list of previous state or federal permits .bsued f;- work on fhe fir + Pht,ne N - 16"4 j — --- Phone Nil . h &gned consultant or agent aulhortzalion form if applicable ^_ _ _ _ 41 i Wettana delineation it necessary I i A c,rmwl AFr' bmard nnhrr fnr nrnwAs n w-o •r,o-,.n, >..n ,afro -rya:_ a i..r n., . o . �• ; dR J •,-y.:. � I k A Statement of compliance. with the. N c Fn=rrdnmenlal Pdlix y Ai t tN =JA 1-iOj 'i per-eb':Jry II I!te prate' Lr+C-veS Pxpendn�r, 1 I of public funds or use at public lands. attach a 1lafement aoctameritr z ?t: p ante with the North Carour.a EP'.rtlnmon'af Puficy Act JIf C. Certification and Permission to Enteron Land I understand that any permit issued in response to this adpiicahon wtit dhow only the dig elopmer;t desrnbed in the appllcahon The project will be subject to the conditions and reslnctom containe-� ,v the permit ! certify that I am authorized to grant. and no in fact grant perouss;on la represeatahves of state ano feaerat rP,+e.v agencies to enter on the aforementioned lands In connection with eva:uating mfJrmaAon related to this perm;t applica'tan and follow-up monttonng of the project I further certify that the information pro: ided in this appl!cal, n i t : :ful to the best ut my know e1ge Date/b a 90 Print Name Please indicate application attachments pertaintny to your proposed proieet pDCM MP-2 Excavation and Pill Information [3DCM MP-5 Bridges and Culverts C]9C A MP-3 Upland Development CM MP-4 Structures information RECEIVED DCM WILMINGTON, NC -_= 2D 014 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑ This section not applicar a. (i) Is the docking face itylmarina: �lJ�// b. (i) Will the fao y be open to the general public? ❑Commercial ❑Public/Govemment pQPrivate/oom+mnmty ❑Yes o c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? Vy's ONO (if) Number I If yes: (III) Length 6 //�,Ly (ii) Number (iv) Width (III) Length �— (v) Floating ❑Yes No (iv) Width / (v) Floating es ❑ e. (i) Are Platforms included? MJ/Yes [:]Not. (i) Are Boatlifts included? Yes ❑No If yes: If yes: (ii) Number (iii Number (iii) Length_ 5 (iii) Length AL (iv) Width 14(iv) Width DNumber Yes No eas are calculated from dripline dimensions. p posed h. Check all the types o1 Services to be provided. ❑ Full service, including travel lift and/or rail, repair or s twingmaintenance service ❑ Dockage. fuel, and marine supplies ❑ Dockage ('wet slips') only, number of slips: _ ❑ Dry storage; number of boats: ❑ oat ramp(s); number of boat ramps: _ JOther. please describe: i. Check the proposed type of siting: ❑ Land cut and access channel Ogden water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: k. Typical boat length: 91 m. (i) Will the fa ity have tie pilings? ❑Yes c (it) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout. charter boats, sail boats. mixed types). 7—► m Jn rr err I. (i) Will the fa ib be open to the general public? ❑Yes No RECEIVED DCM WILMINGTON, NC 114 L2. DOCKING FACILITY/MARINA OPERATIONS IFhis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number; Location: ❑ Showers ❑ Boatholding lank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. o. Where will residue from vessel maintenance be disposed of? It. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy_ on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the.marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WQ? If any boxes are checked, provide the number of square feet affected. . ❑CW ❑SAV ❑SB ❑WL QNone P. Is the proposed marina/docking facility located within or'within close proximity to any shellfish leases? []Yes . ❑No If yes, -give the name and address of the leaseholder(s), and give'fhe proximity to the lease. 3. BOATHOUSE (including covered lifts) _ r ! f' '0This section not applicabr a. (I) Is the boathouse stfucture(s): ❑Commercial ❑Public/Government ❑PrivalelCommunity (it) Number _ (III) Length (iv) Width Note: Roofed areas are calculated from driprina dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin,, use F-2, Excavation and Fill.) gTh%s section not applicabr a (i) Number (4) Length _ (iii) Width _ 5. BREAKWATER (e.g., wood, sheetiods. etc.) PThis section not applicabr a Length b. Average distance from NHW NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS VThis section not applicabl a. Is the slructure(s): ! b. Number _ ❑Commercial ❑Public/Government ❑Private/Community C. Distance lobe placed beyond shoreline d. Description of buoy (color. inscription• size, anchor. etc.) Note: This should be measured from marsh edge• it present. e. Arr, of the swing RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines -1` � D' Note: For buoy or mooring piling, use arc of swing including length ofvessel. b. Proximity of structure(s) to adjacent docking facilities, 4 4/b c. Width of water body d. Water depth at iNaterward end of structure at NLW or NWL $DI 1�) lQtJ e. (i) Will naviga nal aids be required as a result of the project? []Yes No ❑NA (ii) It yes, explain what type and how they will be implemented. S. OTHER . ❑This section not applicabl a. Give complete description: w-e -, and o, '- 11,30T110 Date Project Name Aunt Name Applicant Si nature RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 ICaSc .2 C � ? pt�t EDGE OF LUUI� IJSsuf-ii J MARSH o 15' RIPARIAN SETBACK 15' RIPARIAN. SETBACK 6' WOOD PIER GAZEBO- -•-- --� Fi �... —_ zC ), z CHANNEL) r I ... 15' RIPARIAN SETBACK U? 1S' Dir)Ahin&i I - llUfi I lU W UU1J I 1LMU 0 LIFT (TYP l AL) I I I — �� I 1 170' = OPEN WATER SETBACK N �N`� 1 6' X 40' FLOATING DOCK 14,6' I �o. }-� ► �� 80' SETBACK F N — 1 _N XDECK to I p' I nF nPEN W ATLR -- —_. 60 c 1 10, WbOD PILING (TYPICAL) I RECEIVED — .. — — • — 'DOM WILMINGTON, N METAL I FLOATING RAMP DOCK I njo Rif -' i / �cv _------------ ---- 0 0 n M U, m oM z© z F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN A DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Wrightsville Beach, NC 28480 ab l p0a � IFr U Phone/Fax: (910) 256-3062 email: ef"msn.com RECEIVED DCM WILMINGTON, NC MAR 2 5 N14 �tatt� lC 'w 3�y vll �4ll rfeh. tl6i / �OC,q� p - NOT TO SCALE f/ IiW0FA1L (' �DN oTmo �� 1 CENTRAL I BEECH ST. SUMNER 0 ROAD HARBOR �'• RECEIVED P / ��q � DCM WILMINGTON, NC �6rV MAR 2 5 2014 / 7 TI nv IQ NCDENR North Carolina Department.of Environment and Natural Resources Pat flcCrory ji'r ,'t" �lG?hi't kva11 Governor, , Secretaty `j April 21, 2014 Division of Coastal Management MEMORANDUM;tt�r TO: Renee Gledhill -Early A—,4 Dept. of Cultural Resources Archives &.History FROM: Jonathan, Howell, NC DENR=DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 area incorporated. See attached. {} This agency objects to the project for reasons described in the attached comments. SIGNED..1�-�.tA��. 127 Cardinal Drive Fxt, Alining w, NC AIM 910.7$0•7215 t FAX: B 10-39 -3%4 Inteim: wffiv,ncCoa§ta'rYmaaaCemt?ftt.n8t >-� 3 :� ry» ,-,AUM, Vu E Vsyv APR 2 3 2014 NCDr ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvada, III Secretary April 21, 2014 RECEIVED Division of Coastal Management MEMORANDUM: APR 2 9 2014 TO: Shannon Jenkins DCMMHDCrry NH DEH Shellfish Sanitation Section FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 Foy avft�NS DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-39641ntemet: www.nccoastalmanamment.net An Equal Opportunity \ Aflinnalive Acbm Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover County DISTRICT 3 APR 2 , 2014 RECEIVED John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 � ;�Y / RECEM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www,nccoastalmanagement.net APR 2 8 2014 An Equal opportunity 1 A%irm bve Aceon Employer DN-MFillm DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Roger Gendron c/o Ed Flynn 2. LOCATION OF PROJECT SITE: Site is located at 411 Summer Rest Road adjacent to the AIWW in Wilmington, New Hanover County. Photo Index — 2006: 22-7424 H-6 2000: 22-2731-6 1995: 22-255 V-11 State Plane Coordinates - X: 2359360 Y: 174357 GPS: 0-040915A (uncorrected) Lat:34°23'17.3219T'N Long: 77048'40.63866'W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/28/14, 4/04/14, 4/09/14 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 3/25/14 Complete on: 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: CW, PT, EW (C) Water Dependent: Yes (D) Intended Use: Private 7 13 (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single family residence Planned- Construct four (4) slip docking facility, including pier, gazebo, sundeck, floating dock and two boatlifts. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) ing ft. Shadin (Shading) (B) Non -Vegetated Wetlands (Open 1670 sq. ft. Water) (incorporated) (C) Other- Highground disturbance (D) Total Area Disturbed: 5,180 sq. ft. (0.1 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO PROJECT SUMMARY: The applicant proposes to construct a private four (4) slip docking facility with a gazebo, sundeck, floating dock and two boatlifts. Roger Gendron Page 2 9. PROJECT DESCRIPTION The project site is located at 411 Summer Rest, adjacent to the Wrightsville Beach Recreational Area/Atlantic Intracoastal Waterway (AIWW), in the City of Wilmington, New Hanover County. To get to the site from the Wilmington regional office take US Hwy 74/76 toward Wrightsville Beach and turn left on Summer Rest Rd., just before crossing the drawbridge to Wrightsville Beach. The property is on both sides of Summer Rest Rd. with the AIWW on the east. The property is adjacent to residential properties on the north and south sides. There are no existing structures on the project site adjacent to the AIWW. The project site is across Summer Rest Road where the single family residence is located. The site is approximately 0.65 acres and is vegetated primarily with scrub brush and native pine and oak trees (currently being cleared) which transitions into Section 404 wetland and Coastal Wetland areas. The project site has approximately 86 feet of shoreline frontage along the AIWW. Coastal wetlands onsite consist primarily of Smooth Cordgrass (Spaftina alterniflora) and Black Needlerush (Juncus Romerianus) in an area approximately 585 ft. in width (See sheets 1 and 4 of 4). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the project area are classified SA 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 CLOSED to the harvest of shellfish. The applicant proposes to construct a private four (4) slip docking facility with a gazebo, sundeck, floating dock and two boatlifts. The applicant states that a pier, measuring approximately 600 ft. in length by 6 ft. in width, which would extend towards the AIWW, would terminate in a partially roof covered L-head platform (gazebo and sundeck) measuring approximately24 ft. in length by 16 ft. in width. A ramp would extend water ward of the platform onto a floating dock running perpendicular to the shoreline and AIWW measuring approximately 40 ft. in length by 6 ft. in width. Two boatlifts would be installed (one on either side of the floating dock) on the most landward end of the floating dock, each measuring approximately 14 ft. in length by 14 ft. in width. The application states that the proposed new docking configuration would provide docking space for up to four (4) vessels within existing water depths ranging from approximately -6.0 ft. to -9.0 ft. at mean low water (MLW) (See sheets 1 through 4 of 4). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1,670 sq. ft. of Estuarine Waters and Pubic Trust Area and shade approximately 3,510 sq. ft. of coastal wetlands. The proposed structure would extend approximately 94 ft. into a water body, which measures approximately 680 ft. across. The structures would be located in water depths of -6.0 ft. to -9.0 ft. (MLW) and would conform to both the 1/4 width rule and the established pier lengths according to the riparian survey. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement or the USACE 80 ft. setback requirement. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: April 21, 2014 Office: Wilmington F 4 5 marifle c'ontmao 5 Inc. P. 0 Box 868 Capt. Ed Flynn Wrightsville Reach, ill.C. 28480 Durwood Sykes Phone/Fax 910-256-3062 emad.eflyOwn.com 10 March 2014 NCDENR !Wilmington, N.C. The enclosed CAMA Mq jor Permit application for Mr. Roger Gendron, 411 Summer Rest Rd., !Wilmington, N. C. 28405, is to install a single family residential pier, 6' wide x 600' long, with a 16W6'gazebo, 65k40' floating dock and two boatlifts, for a total of four boat slips A 6'k Iu' lunduct I The proposed pier meets all required setbacks It is to provide watccess and dockage for the applicants' family use. 0�j (AXLWJ1 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED PEAR 2 5 2014 RECEIVED DCM WILMINGTON, NC MAR 2 5 20144 Business Name Project Name (ii applicable) '. Applicant 1: First Name MI Last Name —� Applicant 2: First Name l MI Last Name If additional applicants. please attach an additional paget's) with names hsled. Mailing Address aaru fi'1l-I'lu Jh1a —7PO Box City Stata I b/a��trHf ,. � C ZIP �/ `County/ 2D �Gl%C! _ Phone No. FAX No. ��1D .�Cb . /A�6 ext. Street Address (if different from above) arty State ZIP Email 2. Agent/Contractor Information Busmess Name may- �i 1 '1{��EiiG Ci�l �lG''Jtfti�• Agent/ env Contractor 1: First Name _ tvtl Last Name Agent Contractor 2-Firs-Name MI I Last Name I ,-- Mailing Address PO Box �— city G/wuGrJ�1.1 3r�sG- I e%�l Slate JkIC ZIP : Praane No t - Pnone. No 2 "FAX No, .Contractor � Street Address (if different from above) I `ity State —i ZI? Email f RF-CEIVtU <Form continues on back> DCM WILMINGTON, NC MAR 2 5 2014 Form DCM MP-1 (Page Z of t) 3. Project Location County )can �pe mulliple) i Street Addreas Subdivision Name Phone No Th) ;% a to which NC Major Development Permit . -----I State —Ra rt w.racrr I-- ... _ City — — __ . State Zw f LfA N,_ (Sl f'r mjal(y arraL^ JJJrfr:ndl Uay+e with IuY i t`:ame rl tin f Baler nearest IU prcposed Pro!e•-I ! is the protect located y " C Is lye water body Idenhfrd ir. jh) above. natural or manmade' ..I Name the cio:iest motor water podt to !no proens—=:d pro;e.0 site Natural []Manmade 0tJnknown L� e Is D posed worK witMn ury limits ar plannlag lunsd Nwn" ! I{ iPGllcab!e Isl the pfann�ng jt.r1,•srt nan or utv Lind ilia Drdpdsed 1 'w :,rk+af6 wino s DNa 4, Site Description TotT,ottal ll�ee�nn,pgg�'th of shoreline an the tract 011 ) ..i U 5 ze of ennrP hart IsV t I I $+IC at ndlvtflual lolls! — a•'rpr]z+mate elevation at Vart nr..r.e NHW ;normal tugn warerr Ur I Nht - )Nr fA many lot Sizes p%eA arrach aciddiondl tla]e with 3 A5t) — hawI ❑NHV,I yr N+� L (/1! V egerahan an trar.l I klan-made features and uses now en tract g Identify and describe tt•e exlshng land uses a01a5enl to the prOposed pcoleai >.re �OOL IYJ h How does local government zone the IraCP I Is the Is the roposnd project consistent w In the applicable zomngt ;All n zoning sompltance cemflcale: J dppilcabiet Yes ❑Nn ONA acfwity pan bf an urban waterfron! redevelopment,pmposala [jes N j Has 8 professional archaeulog,caj assessment beer. done for the I•ac'' if yes. by whama Is the proposed protect located 1n a National Registered Historr DistrIC' Or "oes 11 :nvc•ve a t d or eh lbte propefty" National Register -15 e 9 <Form continues on next paye> It Yes arlach ! covM ❑Yes MNa ❑NA , I i ❑Yes u (3NA MAR. 2 5 2014 Majo: Development permit' m. (i) Are there wetlands on the site? (if) Are there coastal wetlands on the site? (lii) If yes to either (1) or (if) above, has a delineation been conducted (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o Describe existing drinking water supply source. p. Descrbe existing storm water management or treatment systems. 15. Activities and Impacts or b. Give a brief description of purpose. use,,/and daily operations of the project whenn complete. l�r'I1"r='x 441 "2�J)dmvi 1 "fit 4 filiL! LINO KZYeS ❑N. ❑Yes _ No c. Describe the proposed construction methodology, types of construction equipr,en; to be used during construction, the number of each type of equipment and where it is to be stored, / al' .la tf L L�, ` /a %0t i > inrlC�r�3� ,srirh��'y Av� "I -------------------�_- --i--_—�Li_ j d. List a!I-evelQpment activities you propose. ,5'trl/ IX 6AM � e rx IT'S ism of hoeylms 8 - ` ^ ' f^ Y� �U� ^`� e. Are the proposed activities maintenance of an existing project. new work, or bosh? NodE I. What is the approximate total disturbed land area resulting from the Proposed project? ❑sq.Fl or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area Yes VNO ❑NA that the public has established use of? r h. Describe location and type of existing and proposed discharges to waters of the stale. i. Will wastewater or stormwater be discharged into a Welland? T []Yes N ❑NA If.yes, will this discharged water be of the same salinity as the receiving water') Elves Vi' ❑NA j. is there any mitigation proposed? ' - - �'Yes ❑ No ❑NA' ' ' ' If yes, attach a mitigation, proposal. I <Form continues on back> RECEIVED DCM WILMINGTON, NC LIAR 25214 Nialor Development Permit 6.- dditlonalInformation In addition to thie eamp/alad appecalron form, (MP-1) the !allowing don: s botaw, d applicable must be subminPd In order ror the application package to be complete. Items (a) — (n are aheays applicable to any malor deratopment apptrcabon Please consult the app6cafinn Instruction booklet on how tb properly prepare file required items below a A project narrative b An accurate: dated work plat (including pfan view and cross-selio* al r]rawmgs) drawn to scale Please give rho present status of the proposed protect Is any portion already complete? It previously authorized work, clearly indicate on maps plats, drawings to distinguish i `barweell•wdrn carnprMBrrarnrprdpds2u. _ ____ A site or location map that is 1 dopy of the dead (with state application only] or other instrument under winch true applicant claims trite to The affected ptoperies e The appropriate application detailed to guide agency personnel unfamiliar with the area to or money order made payable to site A list of the names and complete addresses of the adjacent waterfront inpa•ram 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 ad+ised that they have 30 days in which to submit comments on the proposed project to the Division of Gasrai management Name Address Name / Name Address 39' Phanr h:. . OSL. Procne No y A 11Y •'t previc," stale or ledetat periods '.wed I> work pit Rio pr lec' [FChnle nerni,l r r;pwrS pert -nine and �S)sir.f �laiFS 1 h Signed consultant or agent authorization form it applicable I Alegano delineation It necessary I A annad ACr hard rtrtkrn in, nnnPrtc I K A statement Of compliance, With the N C Env y AC: tN C G 3 1 `. 3A I-TO).f ^a�.esSary li Cue pmie t nrewn5 e>tpendRvre I I of public funs or use at public lands. attach a',talemear documenh' 4. -ance rich ±he Nnnn Camera En.,emmvwalr PW,sy Ai t JI 7. Certification and Permission to Enter on Land I understand that any pamnt Issued In response To this apphcaholi wi l alhrw orny the developnment de5onbdd in the application The project will be subject to the ccnditcns and restriLt ens cantaumea ,n the permit I certify that I am authorized to grant, and oo in fact grant pernlrssiorl fo rep(esP.ntanres of state and federal reoe.v agencies to enter on the aforementioned lands in connection with evasuatniy rrlf•]onallon related to thi< pe'"t apptica"On and follow up monitoring of the protect I further certify thalthe information prof,ded In this appllcat,r�. IS t^ t:ful toJlthe best tit my know e age Date��/ Print Name L . :VV —.-- Signature Please indicate application attachments pertaining to line pruposed project ❑DCM MP-2 Excavation and Pill Information 000M MP-5 Bridges and Culverts ❑V,m MP-3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 5 2014 Form 0CM MP-4 `ems.,y .° (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applica, a. (1) Is the docking facilitylmadna: b. (i) Will the faci y be open to the general public? ❑Commercial ❑Pubtic/Government Vdvatef6eramrxrity ❑Yes o c. (I) Oock(s) and/or pfer(s) d. (i) Are Finger Piers Included? iJYes ONO (ii) Number _L If yes: (iii) Length bVi (ii) Number (iv)Width / I 4N. (iii) Length ct1 (v) Floating ❑Yes IN) Width (v) Floating es ❑�/N/� e. (i) Are Platforms included? Yes ONO f. (i) Are Boatlifts included? LpJYes ONO If yes: If yes: (ii) Number (iii) length, � (ii) Number (iii) Length t� (iv) Width (iv) Width (v) Floating ❑Yes No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service _ CJ- ❑ Dockage, fuel, and marine supplies ❑ Dockage (-wet slips) only, number of slips: ❑ Dry storage; number of boats: _ ❑ oat ramp(s); number of boat ramps: _ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel Olpen water; dredging for basin and/or channel gpen water; no dredging required ❑Other; please describe: �l1 k. Typical boat length: g m. (i) Will the la ity have tie pilings? ❑Yes VNo (it) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout. charter boats, sail boats. mixed types). 421 iZtw 4&14 r I. (1) Will the fa ilit be open to the general public? ❑Yes No RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 Z DOCKING FACILITY/MARINA OPERATIONS ' l /I bthis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: . ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location ano number of `No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Availabie' signs proposed. r. Describe the special design, it applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or? In. Give the number of channel markers and 'No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live aboard dockage? k. Describe design measures that promote boat basin flushing? L If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM WILMINGTON, NC MAR 2 6 2014 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes [)No o. Is the-manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL QNone p. Is the proposed marina/docking facility located within or'within close proximity to any shellfish leases"? []Yes . ❑No If yes,.give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) r lA (This section not applicabr a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number �. (III) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetoile, etc. If rock groin, use MR-2. Excavation and Fill.) r'# VThis section not applicabr a (i) Number _ (4) Length _ Ili) Width _ 5. BREAKWATER (e.g., wood, sheetpi/e, etc.) " /,# \ZThis section not applicabr a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ` ❑Commercial ❑Public/Government ❑Private/Community C. Distance lobe placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arr, of the swing 0. Average distance from NtIW. NWL. or wetlands section not applicabl b. Number d. Description of buoy (color, inscription, size, anchor. etc.) RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines �-'qof Note: For buoy or mooring piling, use arc of swing including length ofvessef. c. Width of water body e. (i) Will naviga nal aids be required as a result of the project? []Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 4 Q6 s d. Water di pth at aterward end of structure at NLW or NW L 8. OTHER ❑This section not applicabl a. Give complete description: rn-w ►v,>aYr w y guwlljz P dumA4101 gv11 Date Project Name Applpaatnt Name I`X Applicant Signature s RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 ICafel EDGE OF � J r � L1I% ��s:�,u tit I MARSH 15' RIPARIAN SETBACK 15' RIPARIAN SETBACK 6' WOOD PIER 16' X 16' GAZEBO— . ...o M - - L p CHANNEL) llUli I W W UU]1 11LINU m LIFT � (TYPICAL) I I I — I 170' -- 4 C1PEN WATER SETBACK N `� I 6' X 40' FLOATING DOCK + I — 14.6' . 80' SETBACK F cu _ o I _N XDECCKK .14 p' I OF nPEN W AT�R �0 10' WbOD PILING (TtPICAL) _ I RECEIVED *AVY '®CM WILMINGTON, NC LIC;'f IPARIAN SETBACK 1 METAL T — RAMP FLOATING I idi1�R � aa�i� - DOCK I gl! Lry' CSC- lldhta, l.uklj>et .,`J P"I b1fi ✓�Jr F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN A DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256.3062 Wrightsville Beach, NC 28480 email: efly@msn.com SuApa��+ IFIi RECEIVED DCM WILMINGTON, NO VIAR 2 5 2014 //fi�r i"I pL dmY 3�y vly 41L3p01,I161 I Cv y uixt`l fbij N C ,2gvv s RECEIVED DCM WILMINGTON, NC MAR 2 5 Z014 n nu 10 OCM (ROUND) TLa" D.B. 1947 PG 751 PART OF LOT 4 SING REST KB IO PG. I 7' WOOD FENCE 25T (U 794 Prl W S 56057'05" E .-0.— X DILAPIDATED WOOD FRAME AREA DWELLING 0.47 Acres 4' WOOD (2) STORY WOOD FRAME a DWELLING s NDTES, 42' OAK TREE WDDD PARCEL 10 Na R05710-002-056-000 O: uirt MR 794 PGCONCRETE PATIO _280) PARCEL ADDRESS, 411 SUMMER REST ROAD N 56 49'36® 249.92' Y ZONING DISTRICTi R-20 (CITY OF UTILITY BOX WILMINGTON) \ BUILDING SETBACKS, m \ 1 FRONT! 30' N/F SIDE, 15' Pmml REAR, 25' \ D.B. 923 PFi 801 THE PREMISES SURVEYED IS WITHIN A 1 PART OF LOT 2 ROB SST FLOOD HAZARD AREA (VE ELEV. 16) ACCORDING TO THE FLOOD INSURANCE RATE \ KB 10 PG. t NAP FOR THE CITY OF WILMINGTON, NEW HANOVER COUNTY, NORTH CARGLINA, \ (COMMUNITY PANEL Na 370171 3157 J, 0 \ GARDEN FENCE CTIVE 04-03-2006). — 09'43' V 241.88' — —� — �, N 59 — — URVEY REFERENCE - KB. 10 PG. 1 — — �— d - DB, 794 PG 280 �^ \ - ATLANTIC INTRACOASTAL WATERWAY G IGHT OF WAY, 1 \ CENTERLINE AND EOGE OF THE CHANNEL AKEN FROM y 10 J PUBLISHED DATA AND IS NOT SURVEYED G qb \\ N/F LOCATION MAP — NOT TO SCU HOLT P1922 DB. �� \ PARTT O OF LOT I \� � \ SUMMER REST KB, 10 P6 1 CENTRAL BEECH Sr. 'f \ 01P XNmuc AVE f OIP N 57 0356' V . 9412' — — — — — SURNER HEST — N/F CI ARK RR 5379 G. PART OF LO' SUMMER RE N.B. 10 PG N 56'5159' V— - 15S7 a BEECH STREET V WIDE PUBLIC R/W X wF WO 1 CONCRETE- I U 194T 751 AND BRICK l \ PART OF LOT 4 BULKHEAD 1 SLHKER REST K& 10 P& I ;4S 56041'28" E L12' BOX WIRE FENCE REMAINS OF —.. WOO \PIER 1 1., -I0' PILE (TYPICAL) STONE C ea GARDEN WALL \AREAa?\ 0.18 Acres i NHv ooEail IOGH vaTER) p ELEV. 3.80 O9.V DATIRD ELEV. 1.42 (MVD 0 OIP G �—--•--••--•--•— \ N t —10' PILE (TYPICAL) a \-ap a CALLS ALONG APPARENT HIGH WATER LINE 1 DIRECTION DISTANCE U S IB'33'50' V 14,43' L2 S 33'20W V 20.94' L3 S IB'Q5137' V 2414' L4 S 0373'06' V 26V RECE Vll---D DCM WILMILaTCIJ, APR 1 ] 26i4 MAP OF SURVEY ma RIPARIAN SURVEY FOR ROGER J. GENDRON PART OF LOT 3 BLOCK 2 StWO REST CM OF VO.NINMN, REV HANOVER COIRITY NORTH CANNA SCALE, I' = 40' SEPTEMBER 24, 2013 REVISED SEPTENBER 30, 2013 REVISQJQW 2, 2013 40°A\?�� 40' H9 1 Na PROFESS %Nr(SUR 3io L-1099 I '•1 u4a WILRDrGTIN, RC 2841E SHEET 1 OF 2 F G; NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: TO: Linda Painter LPO New Hanover County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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: V 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 age y objects to the project for reasons described in the attached comments. SIGNED C DATE " D , odd j q 10 RECEIVtsi7 127 Cardinal Drive Ext., Wilmington, NC 28405 MAY 12 2014 Phone: 910-796.72151 FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An Equal opportunity, 1 Affirmative Action Employer DCMf Mtf4 CITY �k•—� r1E.DENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 2014 Division of Coastal Management MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Roger Gendron Project Location: 411 Summer Rest Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: to construct a 4-slip docking facility with gazebo, sundeck, floating dock and 2 boatlifts 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 15, 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 Seeattached. -- ---- __-_, _ -------. This agency objects to the project for reasons described in the attached comments. SIGNED DATE y L 3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910395-3964Internet: www.nmoastalrnanagement.net An Equal OCpo4un to Ai(irnnifive Action Emooyer RECOMMENDATIONS FOR - Roger Gendron April 21. 2014 The total area of floating dock and platform was calculated as follows: Shoreline length = 86 ft. x 8 ft. = 688 sq. ft. allowable Proposed floating dock = 40 ft. x 6 ft. = 240 sq. ft. (not counted due to alignment) Proposed covered platform (gazebo) and uncovered sundeck= 24 ft. x 16 ft. = 384 sq. ft. (240 sq. ft. counted due to credit applied through platform) Total counted= 240 sq. ft. The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location. It is staff's recommendation that the proposal appears to be consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the 1/4 width rule, the eight square foot rule and the pier width rule. The proposed structures would be located over coastal wetlands and open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 3. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 6. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 7. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 8. 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. 9. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and persona Oat D a^ on 9 9^14 10. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 11. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the United States liable for any damage to the structure or moored boats. iRECEIVED l APR 2 3 2014 DCM-MRD CITY MUM North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 21, 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 Roger Gendron, whereby you are requesting State approval for the development of property located at 411 Summer Rest Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, 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. Sincerely, / T r5 a Mac hey on Field Representative cc: Jonathan Howell, DCM Ronnie Smith, USACOE Linda Painter, LPO RUMVI:D ` APR 2 3 2014 0 � 405 127 Cardinal Drive Ext., Wimington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 AlPomative Action Employer A. N0'1'I(0'$1: CAMA PERMIT APPLIED FOR i iGrT• Applicant proposes to construct a private Hanover Co. COMMENTS ACCEPTED THROUGH May 15s 2014 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wigton, NC 28405NC 28405 Tara MacPherson, Field Representative TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 �N�1N�IN�MNN���I��I��NNNNNNfMff�NN�N�NNNNMNINIH�NNNN�NN�tINNff��NN��N�N�NNNNHf Filed For Registration: 12/30/2013 04:07:29 PM Book: RE 5790 Page: 2527-2530 Document No.: 2013044438 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $3,150.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover RECEIVED PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 'If APR 2 3 2014 DCM•MHDCn y *2013044438* DCM WRECEIVED ILMIINGTON, NC 2013044438 MAR 2 5 2014 11 111 1111111101 2013044438 FOR REGISTRATION REGISTER OF DEEDS TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 DEC 30 04 07 29 PM BK 5790 PG 2527-2530 FEE $26 00 NC REV STAMP $3,150 00 I00 1201304 O THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA Tax ID No.: R05710-002-056-000 COUNTY OF NEW HANOVER and R05710-002-020-000 REVENUE STAMPS: V 3 ,56'6F This property was the Grantor's primary residence. Property Taxes are paid thin 2012 WARRANTY DEED THIS I.EED, made this 3 I day of l]ece,Lf ! 2013, by BENJAMIN KENYATA SULLIVAN and wife, GRACE SULLIVAN, of 4100 CHANDLER DRIVE, WILMINGTON, NC 28405, GRANTOR, to ROGER J. GENDRON*of 2214 ALLENS LANE, WILMINGTON, NC 28403, GRANTEE; and wife, Susan L. Gendron ithCENED WITNESSETH: APR 2 9 2014 nc%alcly That said Grantor, for a valuable consideration paid by the Grantee, the receipt c is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: SEE EXHIBIT "A" *Grantor did acquire fee title by Specific Gift of Real Estate under the Will of Anne Elizabeth Bowden McCrary probated in the General Court of Justice, Superior Court, New Hanover County, at 2011E001225, November 21, 2011 at 2:07 pm. TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. RECEIVED DCM WILMINGTON, NC And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all ZSZ8-9SZ rem to: � 3- F Firm, PC 256-8252 encumbrances; and that Grantor will 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- (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. 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. IN WITNESS WHEREOF, the said 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 officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written (SEAL) BEN KENO 'A SULLIVAN (SEAL) GRACt SULLIVAN STATE OF NORTH CAROLINA • 1 r • ►1 .: ► • / Ill 1, T ` , a Notary Public of the County and State aforesaid, do hereby that BENJAMIN KENYATA SULLIVAN and wife, GRACE SULLIVAN personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 7 0 day of ')e Le M 1g,:f 2013. NOTARY PUBLIC My Commission Expires: (Notarial Seal) l 3e - 201 V RECEPIED R>•n r MOOrMMr r� LMY C,,y APR 2 3 2014 cro.m eya..,, soam• DCVeMUD CITY DCM WILM NIGTON, NC MAR 2 5 2014 ATTACHMENT TRACT ONE Parcel #R05710-002-056-000 BEGINNING at a point in the western line of Ocean Avenue Two Hundred Twenty-five (225) feet North from its intersection with the northern line of Beach Street, and running thence Northwardty along said western line of Ocean Avenue Eighty-four (84) feet, thence Westwardly and parallel with Beach Street Two Hundred Fifty (250) feet to the eastern line of Central Avenue, thence Southwardly along the eastern line of Central Avenue Eighty-four (84) feet, thence Fastwardly and parallel with Beach Street Two Hundred Fifty (250) feet to the Point of Beginning, the same BEING PART OF LOT NO THREE (3), BLOCKTWO (2), according to a map of "SUMMER REST" recorded in Map Book 10, Page 1, New Hanover County Registry TRACT TWO Parcel #R05710-002-020-000 BEGINNING in the western line of Ocean Avenue at the southeast corner of that part of Lot No Three (3) in Block Two (2) of the Village of Summer Rest conveyed by R R Stone and wife, Janie E Stone to W E Pearson and Came G Pearson of record in Book 116, Page 119, New Hanover County Registry, and running thence with the western line of Ocean Avenue and with the eastern line of said lot 1 N 21-24 E 84 feet to the northeast comer of the aforesaid lot and the southeastern comer of Lot $4, 2 thence S 53 E 780 feet to the western line of the right of way for the Infra -Coastal Waterway, 3 thence, with the western line of the said right of way S 42-25 W 84 feet, 4 thence, N 53 W 750 feet to the Beginning, comprising within the above descnbed boundaries 1 3 acres of marshland APR 2 3 2014 DC14.MHD Cffy zolza DCM WIEM NIG ON, NC 411 Summer Rest Road, Wilrrurplon, NC 2M M MAR 2 5 2014 IBC 1 R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C Davis John E. SkvaAa, III Governor Director Secretary AGENT AUTHORIZATION F9gM_ Data: 0 /� Name of Peropenny owner Applying tow Permit: yOw n@es Malting Address: 22t 4 Alters Lo.n4. _Wilms+n Nc- at�.b3 Phone NumberdId) 075lp — 1 0J40_ Name of AuthorbOd Agent for this project Agenda Maf g Address: PO PatdbB Vfthtq& Beads NC 2M Phone Number( 1 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for anommining all CAMA ?amlints necesaan{ to irV80 or rxndnx;t the following (&Wvtty): For my pnoplarty loeatad at ` rnis oerffloaljon valid tnru \\`11 ILA j( owner Date 127 Cardnel one EA, WAnv Von. NC 2640 Phone 9104W72151 FAX 910-3W964 Memel w" la4nm'a9anenl net M rgsa(Wp "7 Mm+Ue. FMMW n,-,. ,4un rrrV One Nor Carolina Nturally DCM WECVED ILMINGTON, NC MAR 2 5 2014 RECEIVED !B.L,Receiv9:d Ul."M1ylillGl7 , ❑Addressee❑�Ad9edn�essee by (P=nted Neme) C.ei Is delivaddr9eadiffemt fmm item 1? If YES, enter derwery address below: ❑ No APR 1 6 2014 3. pyoice Type Certified Mad' ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Mercherdhe ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes F d 5 Marine Contractors Inc. P. O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-256-3062 ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: APR 16 20% Capt. Ed Flynn Durwood Sykes email: efly@msn. com ❑ Agent Received by (Printed Name) I C. Date of Delivery . Is deliveryadd sA bXf dt r% Yes If YES, B W *Ovilly 4d0**)@*6N 4M APR _f 6 '4-014 3. lyce Type Certified Mali ❑ Priority Mail Express^ ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (F_dra Fee) ❑ yes 2. Article Number f mnsfer fmm service labso � D�a � nib ow 93 'A �r�t%�- REC'ETM PS Form 3811, July 2013 Domestic Return Receipt AFH'L3 201 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �✓,J,�irSn� Al L �yat� I J 2. Article Number 7012 1012 0001 8392 3835 mensfer from service label)_ Ps Form 3811, July 2013 Domestic Return Receipt ...nrrrrono nnur,rnG Lvruiruciion service ror Liver s0 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - IEIVED DCM WILMINGTON, NC f:' •�.ticrrCy APR 2 3 M4 -yPDcrry APR 16 2014 F car S Marine Contractors, Inc. P.O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-256-3062 10 March 2014 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: ef/y@msn. com The enclosed CAMA Major Permit application for Mr Roger Gendron, 411 Summer Rest Rd., Wilmington, N. C. 28405, is to install a single family residential pier, 6' wide x 600' long, with a 16W6'gazebo, 65,40' floating dock and two bootlifts, for a total of four boat slips 6 8 k IU' lkoct The proposed pier meets all required setbacks It is to provide watPr 'a"ccess and dockage for the applicants' family use. 0/-�" ) ()�xel4jll RECEWED APR 2 3 2014 DCM-MHD CrrY Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED MAR 25 2014 RECEIVED DCM WILMINGTON, NC MAR 2 5 2014 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvada, III Secretary April 3, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Division of Coastal Management Major Public Notice for Roger Gendron Kyle & Heather: Please publish the attached Notice in the Thursday, April 24, 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 Assistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE RECENED Michele Walker- DCM APR 2 8 2014 DCM-Moony 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal ODPonunily \ AlfirmaWe Action Emooyer 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, Roger Gendorn proposes to construct a private docking facility at 411 Summer Rest Rd., adjacent to the AIWW, 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 15, 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. RECEIVED APR 2 3 2014 DCM-MHD CrTY MAJOR PERMIT FEE SCHEDULE Gendron / $250 / New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any etlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling nd/or excavation of up to 1 acre of wetlands nd/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: S250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be lied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 I I�SHADED X leg- N/FTURNER N/F I I/ p DJL 1947 PG. 751 1 I i TUBER CONCRETE PART OF LOT 4 DJL 1947 PG 751 AND BRICK p SUMMER REST 1 \ \ PART OF LOT 4 BULI \ AD 19 KB, 10 PG. I SUN ER REST KB. 10 PG I 1 ' DCM (ROUND) T WOOD FENCE S 6 5T05 El 250.04 4' V000 FENCE DIP t I�' �S 56"41'28" E 98.68' X95.16' (DIP TO DIP) 2' BOX WIRE FENCE DILAPIDATED 1&A N / /• ;; REMAINS OF -e70. AREA DWELLING D SNIE" WOOD PIER WOOD FRAlEP A mo 10' PILE (TYPICAU.47 Acres WOOD DECK GARDEN I SIDE N ` STEPS (2) STORY WALL, p Z ' GARDEN VALL \.• WOOD DWELLING �E ' '-o�•� AREA \ a m � CONC. J, � d'- . •.� 0.18 Acres \ s 42' OAK TREE (p WALK z p .��. TES v110D STEPS VCOD TOE W ABA9 rn DIR mB ) CONCRETE PATIO .y' DECK — ��ROEN WALL , y9' 93,39, (DIPTO CORNER)\ RCEL ID Ma R05710-0 -M-000 RCEL ADDRESS, 411 SUMMER REST ROAD — N 56"49'36" W 249.92' P V3P 56"49'36" W 99.33 DI VIRE \ N ED LIMN 1 ZONING DISTRICT, R-20 (CITY DT UTILITY Doz 3 SPEED LIMIT SIGN WILMINGT00 \ FENCE \ (, \ I \ POWELL Ill 923 PG 801 BUILDING SETBACKS m \ \ \ �' �.'.'\ PART OF LOT 2 FRONT: T � 2\'� N/F , m \ .,.. SIMMER REST SIDDREAR 5' POWELL \ KB. 10 M I \ D1 923 PFa 801 \ I THE PREMISES SURVEYED IS WITHIN A \ I SUMMER PART OF LOT 2 FLOOD HAZARD AREA (VE M. 16) $ PG.GSI �\ \ \I�SHAl1ED X ACCORDING TO THE FLOOD INSURANCE RATE \ MAP FOR THE CITY IF VILMINGTON, NEW \$ BANNER COUNTY, OTH CARDI NA, \ (COMMUNITY PANEL Na 370171 31W J. EFFECTIVE 04-03-2006). 241.88' O — N 59'08'43_V SURVEY REFERENCES -MB.10PG. I - D.B. 794 PG. 290 - ATLANTIC INTRACOASTAL WATERWAY \ \ \ I ! RIGHT OF WAY, \ \ CENTERLINE AND EDGE OF THE CHANNEL TAKEN PUELISFED DATA AND IS NOT SURVEYED LOCATION MAP - NOT TO SCALE \ N/F HOT \ \\ Ill 5490 PG 1922 NIT \ L \ J1 L#ffAU 1 PART OF LOTTI D.B. 5379 K 1628 OJLll'i 1 MJT. 10 P4 1 PARS1MMER REST1 ����rr��1pp \ \ \\• CFNTRAL A •Y; \ M9. 10 M 1 \ \\•• .,� BEECH ST. } N¢y: -_ \ N 565159' V ISSI7' wnamnuE �� J -PT'-, J OlP N 51'03'S6' V 94.12' — _ _ — _ _ — _ — \ •\\•. SING REST— ""F ROAD v— BEECH STREET 33' VIDE PUBLIC R/v \ i� Noi MTV OEM HIGH WATER) �— ELEV. 3.80 OLV DATUM) ELEV. IAA (NAVD 88) P : : : : :�10' PILE (TYPICAL) L-J \xl� 9 �— CALLS ALONG APPARENT HIGH WATER LINE R DIRECTION DISTANCE Ll S 18'33W V 14.43' L2 S 33' NMI V 20.94' L3 S 18'OS137' V 2414' L4 S 03'13'06' V 26.85' 1-i- ECE VED DCM WILMIN TON, N APR 1 [di4 AEW jlp Own APR #3 MAP OF SURVEY AND RIPARIAN SURVEY ixNf-mHD FOR ROGER J. GENDRON PART IF LOT 3 IEOCK 2 SIMMER REST CITY OF VD_1013 01, NEW HANWER COUNTY NORTH CARO.INA SCALE: 1' = 40' SEPTEMBER 24, 2013 REVISED SEPTEMBER 30, 2013 REVIQ,,,;N.,,* � 2, 2013 40 .074 80 i CU w � �ca•�r I' ? 40' :MYES%1, 0 WILM INGTON, NC 28412 910-791-M SHEET I OF 2 I I Q 0 45V Il rti ELEVATIONS / SOUNDINGS ARE BASED MLV OEM LOW WATER) 90� iIE I I/ ELEV. 000 OI V DATUM) ON MLV (MEAN LOW WATER) DATUM r < 51 TO ACHIEVE NAVD 88, SUBTRACT 2.38' _ �' 23V l � I' W sk ' VMD PER Z � •� �o� i � Q C b_� Q I' MAY L�M� s FLOATING {. I DOCK 1 BOAT' 10' WOOD PILING< MARSH LIFT -(TYPI�AL) I I _ 11-- --I --,� — — ' — — — — ' — — ' — — ' — — ' — — ' — — - IS' RIPARIAN SETBACK _ _ S 56'41'28' E 809,59' _ _ — — — — RIPARIAN LINE (PROPERTY LINE EXTENDED) a, 15' RIPARIAN SETBACK yM _ IZD — — — — — — — — — — — — 1�-=UPENATER SETBACK i -- s ; �" I 6' X 40' FLOATING DOCK 1 I I z 600' 1 OF 6' WOOD PI R N �. 14.6' I I o + I .0 &) SETBACK o a o I I FROM CH4NNEL EDGE 1 ti p l6' X 16' o GAZEBO ' g_6 I �--— ._--- ---- — — —— — — -- I SUNCKti1• +.fib i 1 U W 15' RIPARIAN SETBACK — — — L 6'49'36' _ _ RIAN LINE N 5V 776,55' RIPA(PROPERTY LINE EXTENDED) _ 680' OF OPEN VIA — — I — °' 15' RIPARIAN SETBACK _ — — — . — — — — t- I — F- - 9= , ho '0� 10' o`? o`•' o`O �� ,� °, WIILING R i V -! zuc (CAU I DCM WILgING' �¢ cil I WOOD PER MET P I FLOATING j O I I APR 5 I LEGEND MAP OF SURVEY I I AND � Y S[UIM i WATER DEPTH RIPARIAN SURVEY I 3 I LINE - - - - RIGHT ff WAY _. _.._.._.._.`._..�._. _ „� L� ROGER J. GOF LOT 3 R-OCK 2 ' CENTER LDHE l DATUM) FOR z w i AH 1A� APPARENT HIGH WATER PART SUIER REST 2 I U Q ' I (SURVEYED 09 20 2013) I I I � ASPHALT CITY ff VNONGTDII, NEV HANOVO( COUNTY � ... ~ � �•, RIPARIAN LINE Z w • a�ERTYIY LINE EXTENDED) ®®®® STOW Gil WALL SCALE, I, NTH CARCLINA 4, �3 �AP Lom SETBACK L11E m �• POWER POLE iE11BER 3�F� 3 Ib F- I OZ I MHW MEAN HIGH WATER v� ® WATER METERS Q REVISER �9r� I ¢ I i U I (ELEV. 320 IiV DATUID v SIGN ¢ p I 5I (W iv HEM LOW WATER ID' POLE AP 3 20}��T I M EDGE OF MARSH—X—X—X—X—X— WOOD FENCE A • �P I I :. i� Z I (ROUND) O D DIP OWIRE FENCE /�/ CM OLD CON PIPE NC. PROFESSIONAL L Na L-1099 Icau 40 0 40 80 O?v'.uJCI OLD CONCRETE MONUMENT ODT O OLD IIta ROD U44 SHIPYARD BLVD FQ- NIP o NEW IRON PIPE �o-79 - SHEET 2 OF 2 Scale 1' = 40 ti