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HomeMy WebLinkAbout138-22 Hommes, Kevin........................ Permit Class Permit Number NEW 138-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS l 13-229 Issued to Kevin Hommes 148 Skystasail Dr Wilmington NC 28409 Authorizing development in New Hanover County at adi to AIWW at 148 Skystasail Dr., in Wilmington , as requested in the permittee's application dated 4/14/22 (MP-1 MP-4) including work plan drawings (2) Sheets 1 2 of 2 dated "received Sep 08 2022 DCM Wilmington, NC". This permit, issued on December 2112022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to tines, imprisonmem or civil acuUu, U. 111"y "".. .. F�...... •. - •• •• Docking Facility 1) This permit authorizes the demolition of the existing docking facility and the construction of docks, piers, boadifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes a maximum of 4 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 21, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. aignea oy um auuIuI ay U. Lll� 0��I�LMy W... X -— of .. of the Coastal Resources Commission. i For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Kevin Hommes ADDITIONAL CONDITIONS Permit No.138-22 Page 2 of 3 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) 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. 6) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Kevin Hommes Permit No. 138-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2022-02170). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 20221315. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Kevin Hommes COUNTY: New Hanover PROJECT NAME: 148 Skystasail Drive LOCATION OF PROJECT: 148 Skystasail Drive, adj. to Shandy Point BB/GreenviUe Sound, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-14-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 9-26-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 11-28-22 HOLDS: MAIL OUT DATE: 9-22-22 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D:$250 #5585 END OF NOTICE DATE: 10-17-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-17-22 RECEIVED SEP 2 3 2022 DCM-MHD CITY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM-LUP Consistency Determination 1� Local Permit Officer A Y%o CA vw Corps of Engineers - Regulatory Branch 2 Z 511 j'-9&4 - ?D2Z-" 10 DWR-401 Section �I /' �/t r+4,1,10 NWA, DWR- PublicWaterSupply l yAo t�o N DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office I p p o Wildlife Resources Commission jp 1 �7vsa&c..V-t)C5%oQ5 o DMF-Shellfish Section IN y� CC,,,AW*Vj DMF - Habitat & Enhancement n0 DNCR- Archives&History p I :( DNCR-Natural Heritage Program NCDOT NC Dept of Commerce pthUw,#A 5 %, DCM Coordinator: Cameron Luck County: N�yy Permit #: WIRO E-MAIL11DISTRIBUTION SHEET CircleLne:Bio Repo / Permit for: 1'r�V n� l7 Oversi jr V v DCM Offices: /T Morehead City: PT (if oversize) via Courier t In —0-1 / "cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet ✓ `MHC documents (Cam & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (who): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet use both )ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ ✓Greg Currey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: ••K(olley Snider - 401 (BR)NH): PN, CL, Reports, Split Sheet _ def-- 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet h_ Div of Water Resources: S+eriri Monttalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: V1 m Harding DCM Planner/WIRO: vfvtike Christenbury _ Cultural Resources: ✓Renee Gledhill -Earley Environmental. Review@,acdenrpov_ Natural Heritage Prog. VRodney Butler _ DCA-Rural Eco. Dev: ark Ziegler _ NC DOT: David Harris Wildlife Resources: VMaria Dunn w/Reports State Property Office: ­1�yn Walton: DEED _ t Gm e Moser _ %. Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: /anda �J�remy Humphrey (Bio) /Shannondenkiras{l� ✓✓✓✓✓✓Shrharon Gupton, Admin. _ DEMLR: "C�pristine Hall - Stormwaler Section _ ,i aan Sams - Land Quality Section _ Public Water Supply: "Heidi Cox _ City of Wilmington: %Kathryn Thurston Enforcement: Field Rep: O y-'a vl Co. LPO G Vj ff aY� RECEIVED Agent: SEP 2 3 2022 DISTRIBUTED: 22 � DCM-MHD CITY Updated 2/2522 CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit — Kevin Hommes 9/20/2022 Shoreline length per DCM = 116 LF x 8 SF/LF = 928 SF allowable Shoreline length per City of Wilmington 116 LF x 4 SF/LF = 464 SF allowable Proposed fixed platform (12' x 12') = 144 SF (12' x 6' = 72 SF given as access credit) Proposed floating dock (36' x 8') = 288 SF (8' x 6' = 32 SF given as access credit) Proposed floating dock (32' x 6') = 192 SF (access credit, not counted) Proposed floating dock (16' x 6') = 96 SF Proposed boat lifts (13' x 13' and 16' x 161= not counted for platform allocations Total incorporated area = 720 SF Total SF applied to shoreline allowance = 424 SF The proposed development would provide docking space for a total of four (4) vessels. The proposed facility would extend up to approximately 57' into the waterbody, which measures approximately 250' across, which is CONSISTENT with NCAC 07H .0208 (bx6XG). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), pier headline, and the 15' riparian setback and federal channel setback. Provided the proposed work is consistent with all other local, state, and federal permitting requirements resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEIVED SEP 2 3 M2 DCM-MHD CITY MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application Kevin Hommes, Shandy Point, New Hanover County Date: January 3, 2022 This project appears to be consistent with the New Hanover County Comprehensive Land Use Plan Update The applicant proposes to construct a private docking facility that will accommodate four (4) vessels within the Shandy Point Boat Basin in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the, proposal are EW and PTA. Waters at the project site are classified as SA-HQW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, Wilmington -New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the New Hanover County Comprehensive Land Use Plan. Roy COOW Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck aoNCDENR.gov SUBJECT: CAMA Applicant Kevin Hommes Project Location: 148 Skystasall Dr., ad/. to Shandy Pf. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and retum fbls form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _X_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Four slips proposed and 2 existing totaling six slips PRBYiNAIME Wanda Hilliard AGENCY State Property SIGNATURE L.o.a dt DATE October24.2022 EQ� North Carolina Department of Environmental Quality IDivlsionofCoastal Management Wilmington Off1w 1127 Cardinal Drive Extension I Wilmington. North Caroltna 28405 4-.?-. w ,nr 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier11-12-09) cam a ro n. l u c ko N C D E N R. g ov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY NL ��t • Uf �z�,vlJPI'PYcR SIGNATURE l r ry r '� ` L, f� DATE 10 ! Z Z North Carolina Department of Environmental Quality l Division or Coastal Management ����� Wilmington 0fnce 1127 cardinal Drive Extenslon I Wilmington, North Carailna 211405 w,. a.`,.G...wmy,� /', 910.790215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) Cameron. luck(a) N CDENR.gov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adi. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE Kt6� Yr DATE 10/17/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 m,.sna mu+ro� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality DATE: November 20, 2022 FROM: Holley Snider NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20221315 No Written Approval Required PROJECT LOCATION: 145 Skystasail Drive, Wilmington, Pender County Hammes Docking Facility PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for four (4) vessels The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed September 14, 2022 and received by this office on September 22, 2022. The waters of Shandy Point boast basin and the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water Resources (DWR). Please understand that the waters around your project area have been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The DWR supports the concerns and recommendations submitted by the Division of Marine Fisheries and the Wildlife Resource Commission regarding any potential, direct and indirect, impacts associated with development in these designated Primary Nursery Areas. In accordance with the attached General Certification #4497 (GC 4497), the impacts described in your application do not require written authorization to utilize GC4497. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.COM/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Idd I �%Iffi W%1, Noah Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal or,. Est. Wilmington, Noah Carolina 28105-5406 910.796.7215 x,.orsmuumeNneauio m DocuSign Envelope ID: 7AB8F9AE-0944472F-9939465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4497 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES) Water Quality Certification Number 4497 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Regional General Permit 197800056. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By Uocuftned Cby: ePe rt for S. Daniel Smith Director ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 22-2361 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) came ron.luck(ailNC D E N R. aov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Renee Gledhill -Earley Historic Preservation Office SIGNATURE _ r- Cj _ DATE October 14, 2022 North Carolina Department of Environmental Quality I Division of Coastal Management /'��Wilmington Office 1127 Cardinal Drive Extension I wllmington, North Carolina 28405 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02170 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kevin Hommes Address: 148 Skystasail Drive Wilmington, NC 28409 RECEIVED DEC 2120 Size (acres) Nearest Town Wilmington MP SECTION DCM MHD CITY Nearest Waterway Shandy Point Boat Basin River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.203164: Longitude:-77.825828 Location description: The dock will be located in the Shandy Point Boat Basin at 148 Skystasail Drive, New Hanover County, North Carolina. Description of project area and activity: will be located in the same general area as the existing facility. A 12 feet long by 12 feet wide dock runningparallel to the bulkhead. On the eastern side of this floating dock, a 16 feet long to the bulkhead, creating a "U" shaped facility. On the east side of this dock will be a 13 feet Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344); ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: 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 hftp://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated September 8, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general 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 and/or regional general 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 and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1161 or Gregory. E.Cu rrey(a)usace.a rmy.m i 1. Gregory Digitally signed by 7 y Gregory Currey Currey Date: 2022.12.20 Corps Regulatory Official: 16:04:06-05'00' Expiration Date of Verification: December 31, 2026 Date: December 20, 2022 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 httt)s•//re u�ry ops usace army.mil/customer-service-survey/ Copies furnished by email: Daniel Shirley (Overbeck Marine Construction, Inc) Bryan Hall (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) RECEIVED DEC 2120« DCMSECTION MHD CITY Action ID Number: SAW-2022-02170 Permittee: Kevin Hommes County: New Hanover County Project Name: 148 Skvstasail Drive / Wilmington / New Hanover / Kevin Hommes Date Verification Issued: December 20, 2022 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class 1 administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER Governor ELMUETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM: NORTH CAROLINA Envlron amthalQuurlty FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckaN CD EN R.cov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasaff Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. D � North Carolina Department of Environmental Quality l Division of Coastal Management wgmhgion office I U7 CarNnal Drive Extension I Wilmington, North Carolina 28405 a o.n 91o.796.7R5 mz=s ON 'NOl°JNIW7IM NJQ ZZOZ 8.0 d33 (33AI3O3U 2F 70SWShS_. �hf— - -MpaerW Z so ] -99V4d � '1ii+Si�5�15 $fil 53WWaN Jv#W : .ji � ® 3 p C) vok Amw 731mq t AS NNf'arg SSPMqrvlrl to/ x4lvow fay rasySS N -++rod XgNW, ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 r1414i 4 [*][L' h`I oil], 71 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(aNCDENR. aov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE o.�eam,cvmen mmro� DATE 9127/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality September 22, 2022 MEMORANDUM. FROM: Cameron Luck, Assistant Major Permits Coordinator NCDECI - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckCrDNCDENR aov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only K the recommended changes are incorporated. Seated. TLaiawl This agency objects to the project for reasons described in the attached comments. PRINT NAME Mn_YIc`�nn AGENCY V�cQ C SIGNATURE + —f- w eles!IT s1\- I,-O resl 4" S4*uCFwR .-ice ms-fi sn - 4 A SuL'*1 —AA . c14 z *V4 r3tx3t,st 4tD,h" c'1xti S" b.a 41,,XA trr -gbpy VSepQ 1-f DATE to-13-nZZ cryl�ess -� -1'Le sa-LA to-'fbe-fiI CIPCx. Noah Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127Cardinal Drive Extension I Wilmingtom North Carolina284O5 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director September 22, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(t NCDENR.eov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasai/ Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Ha A ver County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: �/_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ OYl-lWim—:jptc{-yg� AGENCY ./vrw t eL SIGNATURE DATE 9, R Q • 2OZ — North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck D(�NCDENR.Qov SUBJECT: CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality 09/26/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kevin Hommes c% Daniel Shirley of Overbeck Marine Construction 2. LOCATION OF PROJECT SITE: 148 Skystasail Drive, adjacent to the Shandy Point Boat Basin, in New Hanover County. Latitude: 340 12'1 1.39"N Longitude:77°49'32.98"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/15/21, 9/13/22 Was Applicant Present — Yes (12/15/21) 5. PROCESSING PROCEDURE: Application Received — 9/8/22 Complete Date — 9/14/22 Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — WilmingtonNew Hanover Co. Land Classification from LUP — Developed (residential), Conservation (Open Water) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private 7. 8. (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Single family residence, bulkhead, fixed platform, floating dock Planned — Construction of private docking facility (G) Estimated Annual Rate of Erosion: N/A Source- N/A HABITAT DESCRIPTION: u; EDGED EILLED OTVE,Z (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) 720 sq. ft. (incorporated) (C) Other(highground) (D) Total Area Disturbed: 720 sq. ft. (0.01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA;HQW Open: No PROJECT SUMMARY: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels in Shandy Point Boat Basin. RECEIVED SEP 2 3 ZOZZ DCM-MHD CITY Hommes, Page 2 9. PROJECT DESCRIPTION: The project site is located at 148 Skystasail Drive in New Hanover County, adjacent to the Shandy Point Boat Basin which is adjacent to the Atlantic Intracoastal Waterway (AIW W) and Greenville Sound, in Wilmington, New Hanover County. The approximately 0.63-acre tract has a total of 116' of shoreline frontage. The parcels' grade ranges from 4' to 12' above Normal High Water (NH W). The high ground portion of the property includes a single-family residence currently under construction authorized by CAMA Minor PermitNH22-26. The water dependent structures include a bulkhead and two (2) slip private docking facility. The property is bordered by a single-family residence to the west and an empty lot to the south. No permit history was found for the existing docking facility or bulkhead located at 148 Skystasail Drive, but both structures appear to predate 1993. The private docking facility consists of an approximately 24' wide by 12' long fixed platform that extends waterward from the bulkhead to a floating dock treasuring approximately 16' long by 8' wide. The existing docking facility is located in water depths of approximately -2' to -4.5' deep at Normal Low Water (NLW). Shandy Point Boat Basin has been historically dredged dating back prior to 1970. Shandy Point Landowners currently maintain State Permit 12-19 for the maintenance dredging of the Shandy Point Basin and associated access channel. The basin adjacent to the subject property is authorized to a depth of-6' Mean Low Water (MLW). State Permit 12-19 is due to expire December 31, 2022. Upland vegetation consists of lawn grasses and ornamental vegetation. Patches of Smooth Cordgrass (Spartina alterniflora) exist immediately waterward of the existing bulkhead except for the area underneath the existing fixed platform, which is void of coastal wetland species. The City of W ilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIW W are classified as SA;HQW by the NC Division of Water Resources. This area IS designated as a Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The area of Masonboro Sound is CLOSED to the harvesting of shellfish. 10. PROPOSED PROJECT: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels in Shandy Point Boat Basin. The existing fixed platform and docking facility would be demolished prior to construction of the proposed facility, which would be located in the same general area as the existing facility. A 12' long by 12' wide fixed platform would extend waterward of the bulkhead in the same footprint as the previous fixed platform. A ramp would extend off the fixed platform to a 36' long by 8' wide floating dock running parallel to the bulkhead. On the eastern side of the proposed 36' long by 8' wide floating dock, a 16' long by 6' wide floating dock would extend waterward, perpendicular to the bulkhead. On the western side of the proposed 36' long by 8' wide floating dock, a 32' long by 6' wide floating dock would extend waterward, perpendicular to the bulkhead, creating a "U" shaped facility. On the east side of the 32' long by 6' wide floating dock would be a 13' long by 13' wide boat lift and on the west side would by a 16' long by 16' wide boat life. (See Page 1 of 2) According to the applicant the proposed floating dock would be placed in water depths measuring between -2' and -5' NLW. At a site visit on 9/13/22, DCM confirmed the water depths. 11. ANTICIPATED IMPACTS: The proposed structures would incorporate 720 sq. ft. of Public Trust Area and Estuarine Waters. The structures would not encroach into the 15' riparian corridor setback of the adjacent riparian properties. The proposed structures would extend approximately 57' into a waterbody, in a waterbody which measures approximately 250' across. The proposed structures would accommodate up to four (4) vessels at this location within current water depths of approximately -2' to -5' at NLW. Submitted by: Bryan Hall Date: 9/20/2022 Office: Wilmington RECEIVED SEP 2 3 Z022 DCM-MHD CITY Overbeck Marine Construction, Inc 3506 Tall Pine Ct. Wilmington, NC 28409 Daniel(Moverbeckmarine.com 910-386-8883 August 24, 2022 Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Application for Major Permit 148 Skystasail Dr Wilmington, NC 28409 To whom it may concern, On behalf of Mr. & Mrs. Kevin Hommes, we are applying for a CAMA Major Permit to construct a new 4-slip dock facility on their property at 148 Skystasail Dr. Their existing 2-slip dock facility is outdated and is in disrepair. We are proposing to completely remove and dispose of all components of the existing facility and then to rebuild according to the drawings provided. All proposed work is consistent with current DCM regulations and is within the riparian corridor and will be constructed according to all current local and state building codes. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Sincerely, Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com RECEIVED SEP 14 2022 DCM WILMINGTON, RECEIVED SEP 2 3 2022 DCM-h4HD CITY 111aaA APPLICATION for major Development Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrlmaryAppllcant%Lendownwirtformadon Buskma Nuns PmIW Name (I appkab`) AppMaM 1: Firet Name Kevin MI fart Nerro Hammes AgAlw id 2: nrd Name MI Last Nsns Ifaddldarl Wpmmr% purse aN1oh an addN Wpaps(t) nhh romw Weed. Malinp Address 148 Skystasall Dr PO Bw CAy Wilmington Bta1s NC ZIP 28409 CwMry USA Ph" Na 910-599-1441 a l FAX No. - - SVest Ad*m (MdNb wwd ham abm) I Sure ZIP Emil Kevi n. Hommes@odysseyfim.com 2 AgenWomMactorinfonnadon su*itta Name Overbedc Marine Construction AgwW Canpadw 1: FI M Name Daniel MI last Name Shirley ApeW Canoadw 2: Rmt Name MI Lai Nana Wittig Addross PO Bees 462 pry wdgMsvine beach Sms NC ZIP 28480 Phens No. t 910-386-8883 69L Ptnro Nu 2 ert. FAX No. conbedw It Street Addrea (Mdnersnt ham abm) c", Sftls ZIP ErriM L. Danlel@overbeckmadne.00m Bonn continuer on badow "DECEIVED SEP 2 3 2022 `Ifl -MHD CITY 252.800-2008 it 1.908-4RCOAST is www.nccoastalmanapaniont.not RECEIVED SEP 08 2022 pCM \N1LMINGTON, NC Form DCM MP-1 (Pape 2 of 4) APPLICATION for Major Development Penult 3. Project Location - Canty (on be muWple) —Jilt i6M Adiasa Sate Rd f New Hanover SkystasaI Dr SubdMdon Noma City —We Zp Wilmington NC -28409 ptme No. ad W(s) PI was afdch atrAmal~ K* 4p 910599-1441 exL a. In wNrh NC Mar beets tw Project bcwW4 b. NawofbmVofwr.wteawl fu psgswW poled ,Ns kN7� 0A (0a"7wti1LLg- SouovA a k*ntaedas(b)abwvq rsIw"wentla? 4. NamatrgosodoWwwUrbodrlafts opoaadvowshm 2w �Ntlu: Clurdgo Zv1,J e. Is proposed work want city frn+d or ptannkV Ntauulon? L If apptab4, IlR tw PIN- k ps4actlors of ft ion ft tropoaed Vy. ow arokAatanifr�6t. City of Wilmington 4. Site Deacripilon a. ToWMnpIlsdslsasrss antw"dVL) b, Size of antra trad(aq.ft) 116, 27878 sq ft C. Size Of asdHdW Ial(a) d ApprmNruN etevoon of but above NHW (n,rrnd tth w vbe) or NWL Mor,w wur (tmarry brarafa pbera atads 4010brWPape w,M aNe(1 _)Z HWa DNWL a. Vapatatbn on tract Lawn grass, omimental vegetation I. Manmade fsavras and uass swan trod Single Family Home p. IderdMy end desaba tlra eda6sp iwd uses WaCtplb tw wepaeed project ehs. Residential h Now does loci gDvwn tart me M tact? L b tee praprasd project aualAsa sW the ppsable zaip? R-10 (Aftch z '+ro we oW a t appkaWo) S(Ia []NO ONA 1. Is Ilse proposed scW 1y W of n urbn wlxeo,y radevelopna+propadl OVa. k. Has a p,ofeseloral archeeoloq saeetarwM ben done for to tract? t yea. @Mch a copy. OVea UrNo CNA If yes, by wham? L is to proposed prefect boatW In a Na§wW RegWored fined¢ OWd or does h bwoW a M. if lO ONA NetaW Repleler Ilswd or eagiblo property? <Form continues on next page> RECEIVED SEP 2 3 2022 DCM-NIHI) CITY 252.8011.2AW1 .. b806-4RCOAST a: wwwnscconetalmanagemunl.t of SEP 08 20''0 DCM WILMINGTON, NC Fonn DCM MP-1 (Page 3 of 4) m. (I) Are there wetlerds on the eh97 (e) Are there oc asW wetlands an the xU7 (riq If yea ro e1wr (i) or (9) above, has a delineation been conducted? (Aaach claarneraaaan, d "AsN al n. Dexrlbe (deft wastswaw bedrnentWWes. CFPUA o. Describe esie ing drMdrq valor aipply scums. CFPUA P. Deserbe edtlYg saomhrWr efelf" awaorbo&W*"IWW CFPUA APPLICATION for Major Development Permit P;Yas LlNo KY. [IN. OYes RNo 5. Activitles and Impacts a. Natl the project be for oomnmdal, public, or private uae7 ,❑,/f ammerelal ❑At6lidOovemment IdNivadrorrall"ily b. Glve a bld deeMpaon of purpose, use, and daily operaft drCw pr news mov e6ft QRIJ/Lj� DOGKiN(O t-^GILrT� a Dwoo the Proposed construction rrwrwdology, types of construction squlPnwa b be used duff oorrauWan, the nunibm of each flip. daq,fpreeand wtwa hlebbeaNred plLg7- S�MMo /34RLG— I'IIoo28A oAl 51fE d. Ust all tlBvebpmera advaes You ProPoae. 2r0,,o✓I: Exlsr?.v(a Auurcj ,v,..a 1p�sr74w Nerve bow %AGtLrrl a. M the proposed eMitlas makrtenarns d an ealtllrp project row pork or both? NE">✓ GvOQK f. MmlethsappmtiMsml6seaeedtaneanaea -, 0 g onr.nwasdaalua? D 138an or ❑Acres. g. Wll aw proposed "Oct encoach on cry publc sasemera. p ublsamowray w otlw area []Yee ❑NA that the pubic has edablMwd use OR h. Deecdbs bcatton a rdypedmdWgardpoposed Av3w90@10 welsh. dtwetate. JV I. will wastewater or donnwatm be decarged We a wetltland? ❑Yea fia❑NA h yae, well this dwhaged wave be of the same mlir* as ar receAig water? pYaa Op ONA j. le Dime awry mlt4ahon proposed? ❑Yea Pie 0"- I yea attach a mugatlan proposal. <Form contlnues on bade. RECEIVED CEP 23 2022 DCM-MHD CITY RECEIVED 252•1108.2803 .. 1.880.411COAST .. ww w.n c row sea lmnna0ern ou t_uot Sip 08 2022 DCM WILMINGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional tntormatlon In adrddah b"wn *bd Aap2feOW form, NIX 1) OW ANbaemg Awe below, MWPYawbb. Iamf be adnfbd An order for dw 4 a Awaon padrggebbsoonlobb. FWweaonffAIh**PYa " kusuctim bookitt m how b Wupw1yPn Ors fM n%X*wd Aterra bakaa a. A project narrative. b. Maoauraw dad cork pW(hnedu6hg plan vbw and aoesyedaW 6aMge)6awnbanle. Pl.asdw Ywfreeerteaewofew propowdWalwL famypononalnsdyownpetel tpwAw*alAfartWwakk rswyehacalemmhps, plow dra Irhgs to distinguish between work own~ and proposed a. Adlea lecaYon rrhap YatbehAacaaly daWledbpede agaraypenawluNrdWMFMafhrbllr eMa d. AOopy of Ind deed (wish gone apok Ulan orM w cow kwanseart under w1dd she appscaradaeesWe b to affected praparYea e. The apprgAAte application Is& Chook a money order made payable to DENit f. Ala came rhaehr and amp,[,aderasasaler agaoera nabreat inipaden) lendowesrs and Wilfred nbmre00%"=Podsud such owner haw received a cepy d Yr application ad pleb by w"sd rnNl, Such ladowrwre anal be advised cut it" hoe sO dsys In which Iowilaw Col. 0 msawopoowy*c4btwmwmofo0aWMawge rL Naas wlaan a Pwn M tw Fla No. Address tat wNdrrs a, wk*VM NC 2e1011 None Rd" Mldea Ph" NO. Address 141 Skyebaa Dr Wahbyrn NC 2MO Name Address g. A sa of previous emte or ladaraf pwTnh [,sued for work on be project Irml Muds pond raanb M pas . and lase ft dates. h. Signed consultant or ageM authorization fame. Y applicable. 1. Weiland desrettlom It neomaury. f. A slanad AEC hayed rofios b p atece ti aoeaM and ed F let ahem (AAletde a$Mbi vtpe b awrw./ k. A sutemasofoomplanceyAtih &Mrameaal Pabay Art(N.Q0.8. 11aA 1.1% anecssry. Y1fr projectMwNse sghendnre of pubs Mds a eve of pubk larch, aeacha sWo wa dmwwn*W mnpfN "M tw Nast Oroir ErWmanwW Posey Act 1 7. CertiHeatton and Aarmlasion to tinter on Land I I understand that arty perms Lssueo In response b cob appacaron ww aaow enq eq aevavpmhsm ueeaoau m she 914a w can. The project wit be subject to the conditions and restrictions contained In the penriL 1 certify that I am authorized to grant and do In fact grant permission to representatives of stets and federal review agencies to enter on the aforementioned lands In connection with evaluating Information related to this permY application and follow-up monitoring of the pmjea. I forther certify Information provided In this application Is y� truthful to the beet of my knowledge. Data a% Print Name [JA4AIILrL 4412sk-Ll Signature Please Indicate application attachments padalning to your pmposed project- []DCM MP-2 Fxnavaton and FlII Information ❑DCM MP-6 Bridges and Culverts O{DCM MP-3 Upland Development gbGM MP-4 SWctures trdormatidn )LI � 0 Luca �� AD CITY 252.Og8.2808 h: 1.000-411COAST r: www.uc ao este l:ernayuwhent.wuh SEP dR DCM WILMINGTM NC Form DCM MP-3 STRUCTURES (Construction wlthln Public Trust Aress) Attach this form to Joint Application for CAMA Major Permit Form DCM MP-1. Be sure to oclapleto all other sections of the Joint Applicatlon that relate to this proposed project Please Include all supplemental information. 1. DOCKING FACILRYMARINA CHARACTERISTICS a. (I) he"doddrg fadey adna: OCovernerdal ❑PubioGovemnera M+evetaiCOrrrmrety o. Q) Do*$) ardor plsr(s) (0) Number (t0 Length —Nk MIINIdtm (v) Fioatag w ONO e. G) Are Platlema Included? 6Kss ONO If yes: (1) Number (W) Lmgth (M Wldrr ) M Fbdrg OYee MMO Able: Reeled areas are cdalsfad kmm dr(pfirs oerrenslots g. (1)�mber of dips proposed pi) Number of saps esisling 2 1. Check the propowd type of atteg: gland m end access dwrnel f,.,Open water dredging for been andke channel Ipppen water w dredging mWmd ❑Oher; plesse describe: �pI I it.TYpicel bat bnglhIB: J4 M. Q) N111 are have se plNngs? Oyes FQNO 01) a ye number of 69 pilings? ❑ This section not applicable b m Ya4 he tadmity be open to sn geneN puDAc? Oyes SAo d. p) Ars Feger Plms hcurded? jYa ON, r yea: M Number �y. jQ11b q(�z J"M Length0 % INW) ider M Foetlng j - ONO t (1) Arc Rossi IndudedT �('s ONo r yes: (I) Number 2 (N) length (Iv y6 to k16 'llp IL puck all the types of services to be provided. ❑ Full lncluNdu tra ml M andbr rel. repair or mWolanance "CAM ❑ . Net. and markne evUplas rend dapa9 orgy, merger of slips: ❑ Dry storage; resMm Of boats: ❑ Boat rerrp(s); number of boat rungs: ❑ Oher, please describe: �. Darters abtypicalbats dcharterbkm¢ro, sal taro, mixed type). L (a YNINibcMw!'sops loft OMerdpuble?C SEP 0'8 202Z c Y_i?.-COB?Basnii-Lll"i OAltT::vrvaw.ncrdnstalmana!lament.n:St rcwved:1 13I ?i RECEIVED SEP 23 2022 DCM-HIND CITY raT6i 0�;tv1 NP-4 JSvuc.tmos, Pang 2 of 4) 12 OOCKINO FACIILI7YANARINA OPERATIONS N(Thb maw flat *Akaw a. Cheok sad+d ar bNowkV movy WW" Met vAl bs hCWW in Me proposed pmlac. ❑Grime TaWa ❑ Tolles for patrons: Number: Louem: ❑ 8howere ❑ Boatholdng W* pwnpan; Give type and bosgom b. Descries beaanent type arid diWoaat iccaeon for ail saNtery wastewater. a Describe sir disposal of soed waste, fish offal end bash. d. HOW VAN overboar0 diedurys of Waage hom boats be (meollad7 e. 0) GNe the locaNcri and +amber d No Sewags Dhdwge' dgi proposed. (ti) Ghro ttw bca/on atd nunbw ol'Pumpa+a AvagabW Wgr proposed f. DescrU a We spedd design, d appNeable, for CoNai s+duddd type polute W such as p&K MtaAWNq waft and petroleum pmducla g. Where ml residue hom vessel maintenance be disposed of7 h. Give the number d charnel madam and'No Wake dam proposed. I. Ghe the location of fuellind:ing ladltia, and describe d+e adety measures pfamad to protect area water q ta*, ). Whit ml be the malls poky on overnight end have aboard dodiage7 k. Describe design mbeau res Mel p+omols boat baser flusNry7 I. N W s prOlea is w emandon of w ssfslkg rrwhia, what "d awsloaa am our+w*pmvmw7 RECEIVED SEP 2 3 2022 DCM-MHD CITY RECEIVED 252-00841106 r: 1.300+1/+COAST:: v.ww.ncc nsaMmnnnnn n,r•n1.nM rvvt;od: V> ,,, ox. Hp 08 2022 DCM WILMINGTON, NC Form DCM fa10-4 (Fdrr[tu,o•;, VA,jr 3 of dj m. Is he naruxModdng toddy proposed wiYtin a prirnwy n serordany nursery areal Oyee ONO n. lathe madnaModarq fidliyproposed w(Nn or adacem to any shellfish harvesting eme7 Oyes EINo o. Is the mdnaboddng haoft proposed wlewt w e4acaot to coeafal weUudshnarsh JQM. aubnrsrged aWatk vegetation (SAV), "I bottom (SB), a other wetlands (WL)? N any bores we dwclred, provide os somber of square deed aRxMd Om OSAV _ OSB OWL ONtwa P. Is the Woposed mulrwypdrtq fatly tpcated vvihin w W Wn dose p^oi" to arty "Ifth lasses? Oyas []No N yes, giro 0w v e and address of the baaelnkbr(e), and give he pmAm y to the lease. 3.BOATHOUSE ffiw vrnese NW 9robsectlatnot appIcia6la a m le the boathouse abutturs(s): COu ,dal Opubaouavemmew OPrtvaalcam" (1)Wmbsr — (+n Lano — (M Wtdlh — Note: Pooesd areas are za.Vadated 4om drtsns dim watons. 4. GROIN (e.g., waod, sheetplb, et. N a rock grdn, use MP-2, Erdavegon and M) Ed7his eeWon not ep bkcabre a p) Number — N) LO^gh — @I) Wldh 6. BREAKWATER (e µ, wco4 Uaialf b, eta) &THb sewon not appbcab/e a Largh b. Avenpadelancasatn NHW,NWL,orweeaMs C. Madmwdists beyord NllW,NWLawelarde B. MOORING PIUNGS and BUOYS 9i7Na woven rl";Aca le a leis avudtwe(s): OComrnerdal DPUWIGove od ❑PrlvaedCommuNty C. Dlalence to be placed beyond shwesrn _ Note: 7hb aftouM be msasured ham marsh ecbe, Npme" e. Arc of ha w&v A Number d OesOpbon of buoy (color, hsolpaon, dze. arxhor, etc.) 517+.M6 G..I V R) "p 8A 2A22 292-808¢808:: 11-8684BCOAAT:: www.nccoa>Inlm aworyemnnt.nnl roWzZ 12minfRECEIVED DCM WILMINGTON, NC SEP 2 3 2022 DCM-K!HD CITY S"tutor 0Crri rAP-4 (Structures, 1'ogo 4 of 41 7. GENERAL a ProsMlry of sbucluro(a) to adjaCam dParien property Knee Note: For buoy ormoorinq pOV man; a oft incandng length or vessel. c. Wldlholwalerbody a. (iJ W111 ruvigatlon al aids be mored ae a result of the proied9 OYM CINe i]NA (d) K yea, explaln what type end tow they Wit be In0smented. 8. OTHER a GM complete desapfon. Date Hommes Project Project Name Daniel Shirley - Overbeck Marine Construction APOCAM! Names AppbmM signature b. PrOTO(aWQuro(s)ma4ecanldcddngfdiUm \l_ 28+ d. WateJ depth al waterwand end of etwCturo LW N WL T DThis sectlon not applicable RECEIVED SEP 23 2022 DCM-PJ11-11) CITY SEA' 08 i. pGM WILMINGTON, NG r .; ge.2006 it f-863-1nCOAST a ww w.ncconslnlmanagcmn+Lnot revisod! 1227 Do From: 401PreFile 40lPreFile@ncdenr.gov Subject: Automatic reply: [External] 148 skystasail dr Date: Sep 7, 2022 at 4:25:54 PM To: Overbeck daniel@overbeckmarine.com This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and suhmit th!^ documentation as part of ya—u! 101 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 4nl annlications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. nesponses to this email are not monitored. Bac oror and On April 6, 2022, the United States Supreme Court Issued an order staying a lower wuiIs vauatul vi ilia T1uiiip Auiidnistration's 2020 "Clean Water Act Section 401 Certification RuleI"Gnrinrnl 00,l1 A�- . „p of } n nI I.Iif—of^'^^ n•••'"'•t��. r�r.l.lr1 c _ . - h_ .. _ . _ ....._ order, the Trump Administration s Federal Kula Ilel..-s Jt,ru�Ig .. it applicants for 401 Certifications and on DWR's processing of those applications. One days prior to .mibmi finrg their 4ni annlirntion F40 r. F R. §1P1 41 In tl im. the Federal their401Certification awlication. r40C.FR61P1.1:40C.FR.C,1Pi.i1 Plpn,.gf% n.fn Federal Rule `--r more information. i4agU;1-w; Nra-flia-eg aiwmiturig request documentation does not constitute a "certification I�YQOI. /�A�J a IOAYII VI LI10 IOIIIJl41011101 ll VI 1114 IIYI11'/ /1VIIIYINY YYV.1 V 1 YYV141 I IYI V, 411 401 applications received anei iwni o, twee- that uV IIVi ilavV• UUkAU111011\a\IVII 11Y. DECEIVED SFP 23 ZOZZ arroco of JtoH n ntar4 lief/e\ 1 VI I•IVII'I1411JIJV1 laNVll vonu al Jldl hUps@/1daq.nncc goyJabouidivicionstwater-resourcesANater-quail -gang/401-buffer- permittl g/401-buffer- ern mifting-contacts RECEIVED i iir Nori- I e aiwjiGitStion i iogional Staff: DocMaw.agpx?dbid=0&id=2162034&cr=1 P U l3 2022 DCM WILMINGTON, NC ROY COOPER covernar ELIZABETH S. BISER Secretary BRAXTON DAVIS Directar NORTH CAROLINA Environmental Quality September 20, 2022 Kevin Hommes c/o Daniel Shirley of Overbeck Marine Construction PO Box 462 Wrightsville Beach, NC 28480 Dear Mr. Shirley, The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Kevin Hommes, for State approval for development of the subject property located at 148 Skystasail Drive, adjacent to the Shandy Point Boat Basin in New Hanover County. It was received as complete on September 14, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 28, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 14, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS l I3A-I 19(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, Z � 74 Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR RECEIVED USACE Kathryn Thurston, City of WilmingtonSEP 2 3 2022 Christine Bouffard, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.7%.7215 T I ( 40'00 1 70A LAMA PERMIT APPLIED FOR PROJECT-• • propesed to construct e County. COMMENTS ACCEPTED THROUGH _o-c-twiec 17. 2p22__. APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: ___ KPvin FIOm mP$ 148 Skystasail Drive iv. o oas a anagemen Wilmington, NC 28409 127 Cardinal r. Ext. Wilmington, --^�^^��f• ^verbaslc merino Conctraiction c/o Daniel Shirley ryan ay - (910) 386-8883 0 September 22, 2022 Ganl.,egPubNotices7@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Elizabeth Taylor — Pender County • Kevin Hommes —New Hanover County Hello: Please publish the attached Notice in the Monday September 26, 2022 issue. ROY COOPER Guwe ELIZABETH S. BISF.R S- NJary BRAXTON DAVIS DNecmr. lkvbiun o fC(Auul Afarwgemem The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c% Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226 (Customer No. 489895) Thank you for your assistance in this matter. & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE - s 6 a. State of Noith Carolina I Environmental Quality I Cmmal Management - 127CardinalDriveEat,WdmingimNC29405 9197%7215 J - - C!TY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On September 21, 2022, Elizabeth Taylor proposed to install a new 8' x 24' floating dock to create two (2) additional slips at 2266 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pender County; And on September 20, 2022, Kevin Hommes proposed to construct a new private docking facility to accommodate four (4) vessels at 148 Skystasail Dr., adjacent to Greenville Sound, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Jason Dail (Fender County) or Bryan Hall (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 (Jason Dail) or (910) 796-7423 (Bryan Hall) 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 October 17, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. r r , SEP 2 3 2022 -•D CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Kevin Hommes 148 Skystasall Dr, Wilmington, NC 28409 910-599-1441 Kevin. Hommes@odysseyfire.com I certify that I have authorized Overbeck Marine Constriction Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Qlei Vf l{G dcx,W vui at my property located at 148 Skystasail Dr, Wilmington, NC 28409 in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Kevin Hommes Print or Type Name Owner Title -1/f 1V;??� Date This certification is valid through I / RECEIVED SEP 118 2022 DCM WILMINGTON, NC ■ Complete items 1, 2, and 3. A. to 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 maiipiece, or on the front If space permits. Article Addressed to: MtCi 64cli Mkichot 1 & r6i$i Vj1 IYh1►v)t-,n, NC,2:PgU l IIIIi1I1I I1II iIIlitl III III II1IIIIIIIII I II II III 9590 9402 6666 1060 8024 36 2. Article Number (rransfer from service label! ?022 0410 0000 4301 2941 PS Form 3811, July 2020 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ��1 �n/►h(� I�JS 0�- VvVA i, y tom, rVL 2640c1 II � IIII�I ISII I'I � II I II I II I I I'�II' �I I � I I� I II iII 9590 9402 6666 1060 8024 29 o artirlp Ni imhar (Transfer from service label) 7022 0410 0000 4301 2958 /.7 '/, . / 1 J3 Agent C. Date of Delivery D. Is delivery address different from item 1? u re: If YES, enter delivery address below: ❑ No 3. Service Type 0 Adult Signature 0 Adult Signature Restricted Delivery ❑ Certified Math ❑ Certified Mail Realdcted Delivery ❑ Collect on Delivery ❑ Collect an Delivery Restricted Delivery Fed Mail red Mail Restricted Delivery A. Signature ❑ Priority Mail Express® 0 Registered Mail"' ❑ Registered Mali Restricted Deliv0 Signature Confirmation"' ! ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt ❑ Agent X Lof� ❑ Addressee B. Received by (Printed a j I C. ate of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No RECEIVED SEP 2 3 2022 REC IFIVEt) $EP 0�3 20-,a t?CM WILMINGTON, NC 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature 0 Registered MailrM ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted ❑ Certified Mall® Delivery 0 Certified Mail Restricted Delivery ❑ Signature ConfirmationTm ❑ Collect on Delivery 0 Signature Confirmation 0 Collect on Delivery Restricted Delivery ResMcled Delivery sured Mall sured Mail Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Hook 6527 Page 1597 SK: RB 6527 PO: 1597 -1601 W FEE nS M 2D22000376 READ NEW HANOVER COUNTY, 0116VAn REALESTATE 01:21:40 AM TAMMY THEUSCH PIVER REGISTER OF DEEDS fln'XS•amw BY A EA CRESWELL M 874NT ELECTRONr YRECORDED THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC SfATSOF NORTH CAROLINA Talc ID No.: R66309-002-004.002 COUNTY OF NBW IIANOVF.R n- VENUE STAMPS:'S4,200.00 This properly l5 4ft the Grantor's primary residence. Property Taxes are paid thru . Delinquent taxes, If any,, to be paid by the closing attorney to the county tax. collector'upon disbursement ofclosing proceeds. WARRANTY DEED THIS DEED, made this 13.11_ day of D 6C EY1(UA 2021, by DAVID C. BRASSFIELD, FIRST SUCCESSOR TRUSTEE OF THE BRASSFIELD FAMILY TRUST, of 3460 RICHARD STREET, ANN ARBOR, MI 49104, GRANTOR, to K VIN HOMM&R and MAROARET HOMMFS, of 149 SKYSTASAIL DRIVE, WILMINOTON, NC 28409, GRANTEE; That said Grantor, for a valuable consideration paid by the Grantee, the re'oeipt of which is hetoby acknowledged, has bargained and sold, and by these presents .does grant, bargain, soil and .convey unto the Grantee in fee simple, all that Mein lot, tract, or pastel of land situated in the.County of NEW HANOVER and.Stste of North Carolinm6 and more particularly described as follows: SEE ATTACHED EXHIBIT A TO HAVE AND TO HOLD the aforoseid lot, tractor 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. Arid the Orantot ooYenants with the Grantee, that Grantor is seized of said premises in fee end has the right to convey in fee simple; that -the title is marketable and free and dear of all encumbrances•, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. See Certification of Trust attached as Exhibit "B" submitted lance electronically by "Collins and Collins iLawng records PLLC" R �sl� f1a in corlterms with North Carolina statutes governing racordaE't1e documents I nd the terns of the suhmltter agreement with rho New Hanover County Register of oeads. DGM wILMINGtON L NG Bonk 6527 Page 1598 Title to the property heralnaboVe described Is subject to the following exceptions; (a) subject to County and Local Zoning Ordinances; (b) subject tc'ptandacd easements for utilities; (a) 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, anti shall'igolude singular, plural, masculine; femihine or neuter as required bycontext.. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caukd this instrument lobo signed in its corporate naw by.its duly outhoil* officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (SHAY.) DAVUD C. FIEI, , FIRST SUCCUSSOk TRUSTEE COt1NTY OF I, " DM� W s ea Notary Public of the County of p" ay k � ^. `V and State afore a" do� fy that DAVM C. HRA8SF=D1 FIRST SUCCESSOk TRUSE OYr THE ERASSFILIT) FAMILY TRUST, personally came before me this day and acknowledged the exeeutionof the forogoing instrument. r�l Witness my hand and official seal, thia day of C Lem Af 2021. M Conmdssi0aExpires: (Notadal.Seal) �A_r_, RAYMOND DONALD SINGER NOTARY PUBLIC• STATE OF MMIOM . MyFw tr = -U 2 3 M0 Ami ptemeann+ra a 6..... 'JC'TY 5�•p Q � 2022 pGMW11.MING'f ON'NC aO4k 6527 Page 1599 EXHIBIT A BEGINNING at an Iron pipe where the Southern line of Skystasali Drive (S. R. No. 1658, 60 fool right-of- way) Is Intersected by the Western line of Windless Drive (S.it No.1661, 60 foot right-of-way), said pipe being South 20 degrees S5 minutes West 2410 feet from a point In the Northern line of lot9 of the Shandy Hall Tract as shown by map recorded In Book NNN at Page 780 of the New Hanover County Registry, said point being South 69 degrees OS minutes East along the Northern line of the.Shandy Hall tract 1418.7 feet from a concrete monument In the Easter line of Shandy Avenue, said monument being South 23 degrees,So minutes West along the Eastern Iine of Shandy Avenue 150. 0 feet from ;e concrete monument at its Intersection with the Southern line of Plggsh lane; running thence from sold beginnlpg point North:69 degmes05 minute3 West along the Southern line o(Skystasa0 Drive 102,75 feet tq an Iron pipe; thence South 20 degrees 55 minutes West and parallel with Windlass Drlve.265.55 feetlo an Iron pipe; thence South 20.degrees SS minutes West about 3 feet to the high waterline of the boat basin; thence Eastwardiy along said high water line to its lhtersecdon with the Western line of Windlass Drive; thenceNorthwaWly along the Western line of Windlass Drive about 222 feet to the point, of Beginning. Togethefwith-the right to Ingress end egross overthe roadway and utility easement recorded In Book 9D4, pages gland $2, of the, New Hanover County Registry. Subject to restrictions contained In adeed to Ellis L Aycock and wife. Anna B. Aycock, recorded In Book 055. Page 626, of the New HanoverCounly Registry. Subject also to the waterfront and dock lot restrictions contained in a deed to Ellis L Aycock and wife, Anna S. Aycock, recorded in Book 9"; Pays 5�16, of the Now Hanover County Ragfstry (except for Restriction No. 7, which 4 not applicable) RECEIVED SEP 2 3 2022 CITY pCM N111.M�NG�GN, NG STATE OF.NORTH CAROLINA COUNTY OF NEW HANOVER Hook 6527 Page 1600 Exhibit "B" OF TRUST DAVID C. BRASSPILLD, FIRST SUCCESSOR TRUSTEE .OF'THR BRASSFIELD FAMII Y TRUST personally Appeared before the In V �r# rAUAW County, State of �Gtl lL AIY and having been duly sworn or atlitmed made t1W following Certification: L THE. BRASSF.MW FAMILY TRUST Is In existence, and the trust instngnmtt was executed on OCTOBER 9, 1992 and amended.on MAY 13,1997. 2. The settlors of the Trust weto ff8NRY C: BRASSFIELD and PATRICIA. M, BRA MI.D. 3. The cmmnt trusIm is DAVID C. BRASSFIELD, who resides in And Arbor, MT. 4. The trustees were granted the power and authority to convey the real property containedin the Trust. deed. 3. The Trust was revocable during the lift of the settlors but is riow irrevocable. 6. There is one trustee with the -individual authority to sign. or awhenticate. 7. The Trust's taxpayer idgadficadon number Is RECEIVED 8. The manner by which title to trust property was token was pursuant to quitclaim >EP 2 3 2022 9. The7rust has not been revoked, modified, or amended in any manner that would cause repiesentatimtscontained herein tobeincorrect, , I - I'll/ RECEIVED su 09 2022 DCM WtLMINGTON, NC Hook 6527 Page 1601 This _ doy pf P e.Cd fi i X .2011. (Seal) DA ID C. B RASSFIELD, FISST SUCCESSOR TRUSTEE STATE OP I k W COUNTY OF u tiw 1, a Notary Publio ofthe SWof CA/ And County of a do 1 etehy certify that DAVID C. SRASSFIELD, FIRST SUCCESSOR TRUSTEE OF THE DRASSFIEM FAMILY TRUST peraanally appeared before me this day and acknowledged due execution of the foregoing instrument for the purposes therein exprmsed. Witnessnny hand andoffecial atal tida 2�..0 ay of VEJ 21 RAY INOER NoteryFublic NOTARY PtMW- STATE Or WHOM OWNW Of WAB TOM AdYq In I* Caaay o4.C7t�.� DCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 22, 2022 MEMORANDUM NORTH CAROLINA Envlron ta/Qualfty FROM Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron. luck(&NCDENR.gov SUBJECT CAMA Applicant: Kevin Hommes Project Location: 148 Skystasail Dr., adj. to Shandy Pt. Boat Basin & Greenville Sound, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a private docking facility that will accommodate four (4) vessels. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 17, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE SEP 2 3 202/ North Carolina Department of Environmental Quality Division of Coastal Managenlent Wilmington Office 127 Cardinal Drive Extension I Wilmington. North Carolina 2B405' NC Division of Coastal Management Major Permit Application Computer Sheet AECPTi-t Fee: $ Z5b # 511bj' COATS — MHC cc Applicant .gym crrr�l,ru-Y..S Agent/Contractor: Project Site County: Stall: LL Project Name t District. Wilmington Rover File Na River Basin: ( Initial date of application submittal: ' ,� Z, .- Date application "received as comp/ate" in the Field offce: 1 p 2 Permit Autfiorization�MA ❑Dredge &Fill QBOth ,. SITE DESCRIPTIOMPERMIT INFORMATION ORW; QYeS- No PNA: Yes QNo Critical Habitat: ❑Yes o QNot Sure Photos Taken. Yes ❑ No 15 foot waiver obtained QYes o Setback Required (riparian): Yes No Hazard Notification Returned QYes (�2Jo SAV QYesNo ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Sure TemporaryImpacts QYes No Sandbags: ❑YesiNo Not Sure Moratorium Conditions: QYes f�No QNA Did the land use classification come from county LUP:4Yes []No Environmental Assessment Done: ❑Yes tpNo ❑NA Mitigation Required (optional): QYes !)No Length of Shoreline: FT. -- Shellfish Area Designation: Open -or Closed Project Description: (code) Development Area: (code) SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ F�ater Supply (rWS) ❑ Nutrient Sensitive Waters (NSW). P❑ Swamp Waters (SW) High Quality Waters {t WETLANDSIMPACTED ----- - -- Q (404) Corr of Engineers (Jurisdictional wetlands) ----' -:— ❑ (LS) Sea lavender (Umonium sp.) - - ❑ (SS) Glasswort ( Saliccrnia sp-) - ❑ (CJ) Saw grass (Ciadium jamaicense) .-- ---- (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Sp aiternillora) cynosuroides) - — - ❑ (DS) Satt or spike grass (DtsfEhI1s ❑ (SC) Bullrush or three square (Sdrpus -' �(TY} Cattail (Typha so spicata) sp.) - ❑ (JR) Black needlerush (Juncus (SP) SalVmeadow grass (Spartina ` roemerianus) patens) PPLICATION FEE El No fee required - $0,00 ❑ IIbe Private w/ D&F up to 1 acre 3490 ❑ 4 c public or Comm w/ D&F l0 1 can be applied - $250 nacre,e, 41 4144 can't be applied -$400 ❑ Minor Modification to a CAMA Major ❑Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial wl D&F to 1 ❑ Express Permit - $2000 acre, 4144 can be applied - $400 i Major development extension request - Oil Public orcommercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fiIl - $250 I III(C) Ph,,. public or comm w /D&F to i ii, t;, I',i•_L" acre. 4144 can be applied, DCM needs DWQ agreement - $400 E DCM- AHD CITY Applicant: +4 -s Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Z ( ---- (v Main(❑ ❑ Y'W N SMaint New Work- ❑ Replace ❑ Y I�.N -4? -Q 1 J t-^ New Work Maint ❑ Replace ❑ Y -P N 2 J `� � (a) New Work Replace _� Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑Y ON New Work❑ Replace '—_-" Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. -Ft. TOTAL Feet FINAL Feet (Applied for {Anticipated final (Applied for (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total Includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount LDredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other �f Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ + Dredge Fill Both ❑ Other r �J SEP 23 2022 919.733.2293:: i•888.4RCDAST n www.nccoastalmanaaement.net rev 2WI) CITY Date Dote Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 9/22/2022 Overbeck Marine Kevin Hommes Truist 5585 $250.00 major fee,148 Skystasail Dr, BHtct. Construction, Inc. Wilmington NHCoNo Split 17718 <' r n M ;J „y t/ r1l Gs ..t l Major Permit Fee Schedule Project Name.* \ iLif6 Y ) County fl�A Check No & Amount �2 5fl sxts DCM % DWQ 0 Type F e 1(14300160143510009316256253) (2430016024351000952341) I Private, non-commercial developm that does not involve the filling or �250� 100% $250 ( ) 0% $0 ( ) excavation of any wetlands m open water areas II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the tilting and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies. tII(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0%u ($0) Certification No. 4175 can be applied: �J III(B), Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied- III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. )II(D). If General Water Quality $400 60°ro ($240) 40% ($160) Certification No 4175 cannot be applied !V. Development that involves the filling and/crexcavation of more than one acre $475 60% ($265) 40% ($190) of wetlands and/or open water areas. Imington a y !!pr,Y i reC c 0 c o m m O m Z �i W m N = O Cn Z N cc� z CJ i � N Wade Park 4 Locator Map 148 Skystasail Drive, Wilmington, NC 28409 IA,VurALL a 1-' University of r' aan.0 P`�el North Carolina Wilmington ` `igyR .Holiday,lnn Resort _ Los Portales Supermarket ° ------0 it ington-E.�'� Airlie Gardens 'JO _ n J New Hanover County f Arboretum I NC... V �� _ � " Jungle Rapids Family Fun Park Greenvitte l 00.0 #d -r�.nnrnnywn, rva;.c_orvy. . Crystal Pier. � r Masooboro Go.. gfeA%j tllasonboro Inlet V) X 9 'EP 2 3 2022 ©C1V4j'j'XD CITY RECEIVED SEP 08 2022 DCM WILMINGTM NC S)Wlby pang' Bar Msi+d 519 ixow /A1 012/NI" /p / 1v/NDt+155 LN AWN BY.' hANI L SHINZY b� v ® Kb i t 1� s Ib N ta 4� 14EViW 140MM6s /I? SKV577 AIL 40, t,/rtr+unMWI NC 01101 PA6E / or 2- /Lt,re4&4-L /yy Slt57X54/4- k, RECEIVED SEP 08 2022 a QC14WILMINGTON, NC SCALE / - 1 X _ Se-cnon! -o..,.,- , I}7- PILE RECEIVED pac,perm4 of : KEv!N 40f MES jyS �' A4 SEP 08 2022 k;ILM/Nfo7l JjNC 28909 v r' X DCM WILMINGTON, NC biZAWN 13y : jYFMEL. SIIIRLEY PA65- 2 of 2 sc.,v E l"—/a