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HomeMy WebLinkAbout84-14 Smith, DanPermit Class iEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS U 3-229 Permit Number 84-14 Issued to Dan Smith,1255 Great Oak Drive, Wilmington, NC 28405 Authorizing development in New Hanover County at adi. Middle Sound (AIW W), 2309 Middle Sound Loop Road Wilmington as requested in the permittee's application dated 6/2/14, including the attached worknlan drawings (2), 1 dated revised 7/8/14 and 1 dated 6/2/14 This, permit, issued on' Spptemher 23, 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 terns 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 docks, piers, platforms, boatlifls 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 personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunderrequires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ,`r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Dap Smith Permit #84-14 '.- Page 2 of 3 ' ADDITIONAL CONDITIONS 3) _ No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 4) 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. 5) . The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7)' The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) ; This permit authorizes a maximum of two formalized boatslips in association with this docking facility. General 9)` The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from.the Corps of Engineers, to remove, relocate or alter the structural work or obstructions r caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. .10) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Permit #84-14 Page 3 of 3 ADDITIONAL CONDITIONS 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 Resources has authorized the proposed project under DWR Project No. 14-0752. The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01316, which was issued on 8/28/14. EOM M!-1 tt c> turn APPLICATION for JUL 22 2014 Major neeelopment Pormit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Last Name Applicant 1: First Name MI Smith Dan Applicant 2: First Name MI Last Name If additional applkants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1255 great oak drive Wilmington nc ZIP -7:1 Country Phone No. FAX No. 28405 new he over 910-200-3454 ext. Street Address (d di?erent bom above) City State T2841 2309 middle sound bop road Wilmington NC 1- Email dan@shp2.com 2. Agent(Contractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-620-9110 ext. 910-270-9110 ext. FAX No. Contractor • same Street Address (if ditterent from above) City State ZIP Email Gementsmarineco@bellsouth.net DCM WILMINGTON, NC <Form continues on back> .nIN 2 5 2014 ww.nccoa= r al m an a u em e n t. ne Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit RECEIVER 3. Project Location County (can be multiple) Street Address State Rd. # new hanover 2309 middle sound loop road US HWY 17 a er Subdivision Name City State Zip middle sound wilmington NC 28411 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 1 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project (2,46 �'t'Q� AICw Midd le ^vnC c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AICW a. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. new hanoverco 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 115, 27025 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 115'x235', I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 15, ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees I. Man-made features and uses now on tract private home and pier g. Identify and describe the existing land uses adjacent to the proposed project site. private residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes []No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JUL 0 8 2014 Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Ries NNo (III Are there coastal wetlands on the site? ❑Yes NNo (iii) If yes to either Ill or (ii) above, has a delineation been conducted? []Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. county RECEIDBA o. Describe existing drinking water supply source. county p. Describe existing stone water management or treatment systems. •"• •" El n/a 5. Activities and Impacts a. Will the project be for commerdal, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief descriptlon of purpose, use, antl tlaily operations of the project when complete. To add to the current dock for boating access and will be used for private docking. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each e of equipment and where H is to be stored. type The current dock has no access to the itw and is limited to small boat access at high tide. we wish to exstend the current dock to the icw for better boating access for this dock. no equipment is stored on site, a barge is required for installing pilings and hand tools will be used to complete the application. d. List all development activities you propose. To install 135' x 6' wide pier and install an 8'x2U floating dock with a boat lift on each side. Also a 3'xl6' gangway is required to access the floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? both I. What is the approximate total disturbed land area resulting from the proposed project? R2Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> HECEIVED DCM WILMINGTON, NC Form DCM MP-1 (Page 5 of 5) RECEIVED APPLICATION for Major Development Permit JUL 2 2 2014 6. Additional Information In addition to this completed application rorm, (MP-1) the following items below, d app oaVPtnv3Y5e a47tlhtitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Elizabeth Cameron Phone No. Address 3206 shiloh rd Willard NC 28478 Name ERY Kehaya Phone No. Address 2307 Middle sound loop rd Wilmington NC 28411 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract- Include permit numbers, pe"rttee, and issuing dates. gp 63245D cp (A3gI#Zu h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Caroline Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful the best of my knowledge. Date 6/2/2014 Print Name Mark Clements Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252808-2808 ., 1 888-4RCOAST ,. www.nccoastalmanagement, net RkbViiiD Form DCM MP-4 JUL 2 2 2014 STRUCTURES DCM-MHO Cll'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 a. (i) Is the docking facility/manna: ❑Commercial ❑Public/Govemment ®Private/Community c. (i) Dock(s) and/or pier(s) (it) Number 1 (iii) Length 135_, (iv) Width 6' (v) Floating []Yes ONO e. () Are Platforms included? ®Yes ONO If yes: (it) Number 1 (iii) Length 20' IN) Width 8' (v) Floating ®Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 (it) Number of slips wasting 0 I. Check the proposed type of sift% ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: it. Typical boat length: 225' m. (i) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facilely be open to the general public? ❑Yes ONO d. (i) Are Finger Piers included? []Yes ONO If yes: (it) Number (it!) Length (iv) Width (v) Floating ❑Yes ONO f. (i) AreBoatlitts included? ®Yes []No If yes: (it) Number 2 (iii) Length 13 (iv) Width 13 h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: — ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, roved types). mixed I. (1) Will the facility be open to the general public? ❑Yes ONO RECEIVED DCM WILMINGTON, NC JUN 252014 ,oyispd' 12 2 ' W, Fork+"+ OC. `-'' FAP- Paw- 1 r:.i < DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. RECEIVED JUL 2 2 2014 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. g. 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 m. Is the marina/docking facility proposed within a primary or secondary nursery area? DCM WILMINGTON, NC ❑Yes ❑No JUN 2 5 2014 '51 t5 i19,2 ii0t? 9$8fl-4RC6AST'.. rrV,zed;12 7OP. RECEIVED n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? J U L 2 2 2014 ❑Yes ONO o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetat(Rn SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CM-jV OCITY ❑CW ❑SAV ❑SS OWL ❑None p. Is the proposed marinaldocking facility located within orwithin close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered aft) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community III) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpi/e, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC JUN 252014 revised: 12,2706 Farm DCM PAP-4 ytr;,ct srk n. r`•.. a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. over 200' each direction over 200' each side Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 572.62' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 3.5' nlw RECEIVED JUL 2 2 2014 DCM-M WCITY 18. OTHER ❑This section not applicable a. Give complete description: To exstend current dock out 135' and install an Wx20 floating dock. Also install two boat lifts, one on each side of the floating dock. 6/2/2014 Date Dan Smith Project Name mark dements Applicant - Applicant Signa RECEIVED DCM WILMINGTON, NC JUN 252014 J52 tl 2 `iOH 1 1-88,R�41RCOb15T .. ! r. n: oa s talmr+nage mo 0 f. cot 12 27 GO Eif�3� 4-re / 14 DIVED r JUL 2 2 2014 1 I I! ncm-mcrrtr 1 v s. 'Tn T P>njk� 0 t nct Dart OhAk�an 3inU Y-,tvENED DCM WILMINGTON, NC JUL o 8 2014 P-0 P X-e� r� -- �'D, 'Pro Paxcl RECEIVED JUL 2 2 2014 "�CMIV[HDCITY RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 { 1 401UR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 25, 2014 Dan Smith 1255 Great Oak Drive Wilmington, N.C. 28405 Dear Sir or Madam: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: (252) 808-2808 \ Internet: htto://iiortal.nedenr.org/web/cm/ An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper IIDCM Coordinator: LW e- MAI LrNG DISTRIBUTION SHEET Permit#° gL/ /C Agents: DCM ]Field Offices Elizabeth City Morehead City W on �S �S✓ ilmm on US ACOIE Offices: (with revised work plan drawings) Washington: Raleigh Bland Wilmington: -Smith �(eclr,CIIIIWI- Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilinington: Wildlife Resources: LP®: Renee Gledhill -Early or (en ' mentaLrewiew@ncdcr. ov). fj�ic Williams (WIRO Joey White (WAR Pa ' ow T' Walton alei John Hennessy (NC DOT) Anthony Scarborough Joanne s — 401 C d Coburn - 1 Linda ewis - Stormwater 'Zia �(WARO) Fax Distribution: Permitee Agent #:. ®8M APPLICATION for JUL 2 2 2014 Major Development Permit ybr0�11{{ �- ry J� 4 b (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1, PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) Last Name Applicant 1: First Name Ml smith Dan Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1255 great oak drive Wilmington nc ZIP Country Phone No. FAX No. 28405 new hanover 910-200-3454 ext. - Street Address (if different from above) --[Wilmington City State ZIP 2309 middle sound loop road NC 28411- Email dan@shp2.com 2. Agent/Contractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910 - 620 - 9110 ext. 910 - 270 - 9110 ext. FAX No. Contractor # same Street Address (d different from above) City State ZIP Email clementsmarineco@lellsouth.net DCM WILMINGTON, NC <Form continues on back> IUN 2 5 2014 2.52.808.2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit q:. 3. Project Location ii 9. County (can be multiple) Street Address State Rd. # new hanover 2309 middle sound loop road '- US HWY 17 ra T. ir Subdivision Name Clly State Zip middle sound Wilmington NC 28411 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. 1 a. In which NC river basin is theproject located? b. Name of body of water nearest to proposed project C P& -fear AICW )f.ifdj le 101771 f� C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. new hanover co h of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ronscription 27026 sq.ft. vidual lot(s) d. Approximate elevation of tract above NHW (normal high water) or , NWL (nomra! waterleveq sizes, please attach additional page with a list) 15' ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract private home and pier g. Identify and describe the existing land uses adlacent to the proposed project site. private residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVE® <Form continues on next page> DCM WILMINGTON, NC JUL o S 2914 2-62-803.2808 .: 1-880-412COAST :r te�uvv.nGeoastatmaesagemesa¢.aes: Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit ere wetlands on the site? �'es ®No re coastal wetlands on the site? []Yes ®No (if!)o either (i) or (11) above, has a delineation been conducted? FDescribe ❑Yes ®No documentation, if available) xisting wastewater treatment facilities. county MOVED o. Describe existing drinking water supply source. county p. Describe existing storm water management or treatment systems. " ""•"' ' nfa i7"ld(� M 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. To add to the current dock for boating access and will be used for private docking. c. Describe the proposed constru Mon methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The current dock has no access to the lewv and is limited to small boat access at high tide. we wish to exstend the current dock to the icw for better boating access for this dock. no equipment is stored on site, a barge is required for installing pilings and hand tools will be used to complete the application. d. List all development activities you propose. To install 135' x 6' wide pier and install an 8'x20' floating dock with a boat lift on each side. Also a 3'x16' gangway is required to access the floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? VSq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff 1. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM ULMINGTON, NC �a�:-€38F 1S ��?^�ii dt .. ri.. r�S,�.ul Ft 4; iJ t.��9" .. tv vvw.rvrt:wcrx;st,�tut; c, ro�eterea ca ra 4,uue8 Form'DCM MP-1 (Page 5 of 5) APCEMD APPLICATION for Major Development Permit JUL 2 2 2014 6. Additional lnfonnadon - r f) In addition to this completed application form, (MP-1) the following items below, IFappk''J1e;'th�g�t7i�f'Se'Mmined in order far the application package tobe complete. Items (a) — (0 are always applicable to any major development application.. Please consult the application instruction' booklet on how to properly prepare the required items below. - - a. A project narrative. b. An accurate, dated work plat (including plan view and crass -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Elizabeth Cameron - Phone No. Address 3208 shiloh rd Willard NC 28478 - - Name ERY Kehaya Phone No. Address 2307 Middle sound loop rd Wilmington NC 28411 Name - 'Phone No. Address. - - - g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemniltee, and issuing dates. gp 63245 D CY (All WD h. Signed consultant or agent authorization form, if applicable. I. Wetland, delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by pmperfy owneg Jr. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful the best of my knowledge. Date 6/212014 Print Name Mark Clements Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252.808.2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net 1iffd ,VW Form DCM MP-4 JUL 2 2 2014 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. DOCK/NG FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (1) Is the docking facility/marina: b. () Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community ❑Yes ONO c. (1) Dock(s) and/or pier(s) d. (i)Are Finger Piers included? ❑Yes ONO (ii) Number 1 If yes: (Ili) Length 136 (ii) Number (iv) Width 6' (Ili) Length (v) Floating ❑Yes ONO (iv) Width (v) Floating []Yes ONO e. (i) Are Platforms included? ®Yes ❑No f. () Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number 1 (it) Number 2 (III) Length 20' (Ili) Length 13 (iv) Width 8' (iv) Width 13 (v) Floating ®Yes ❑No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, Including travel lift and/or rail, repair or (I'i) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 0 ® Dockage Net slips only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat mmp(s); number of boat ramps: — _ ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other, please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (I) Will the facility be open to the general public? []Yes ONO RSCEIVED DdM WILMINGTON, NC JUN 2 5 2014 252-808-2808 :: 1.888-4RCOAST :: rJ�Nw_nccoa5`alms-anaeJement_me$ revised: 12/27/06 Form OCM PAP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. b. 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: Describe treatment type and disposal location for all sanitary wastewater. FXCEM JUL 2 2 2014 c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a. () Give the location and number of 'No Sewage Discharge° signs proposed.' (11) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. 1. Give the number of channel markers and "No Wake signs proposed. Give the location offuel-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? m. Is the madna/docking facility proposed within a primary or secondary nursery area? Yes ONO RECEIVED DCM WILMINGTCN, NC JUN 2 5 2014 252.808.2808 :: 1-888-4RCOAST :: Www.nccoast _Imanagement.nat revised: 12127/06 Form 6CIA PAP-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? JUL 2 2 2014 []Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetal%$n (SAV) shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) - ®This section not applicable a. (1) Is the boathouse stmcture(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note. Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetptle, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number CH) Length (ii) Width 5. BREAKWATER (e.g., wood, 'sheetptle, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC JUN 252014 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structures) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. over 209 each direction over 200' each side Note: For buoy ormoodng piling, use arc of swing including length ofvessel. c. Width of water body 572.62' e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be Implemented. d. Water depth at waterward end of structure at NLW or NWL 3.5' nhiv REMWED JUL 2 2 2014 PCM-WM= 18. OTHER []This section not applicable a. Give complete description: To exstend current dock out 135' and install an 8'x20 floating dock. Also install two boat lifts, one on each side of the floating dock. 61=014 Date Dan Smith Project Name mark dements Applicant Name - - plicant Signa RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252-808.2808 ::'i-888.40.COAST :: www,n�coasialmanagemenk_net revised: 12/27/06 Azc1l - RECEIM JUL 22 2014 I Ii 'DCM-VXDccny 1 - 0i�� I cVSDI t° goij ---Zz:D �11 _ ..— Il.� • �-fir ha�a °mi1{at Chnxro n ReV1 5,0-c! '7-6-14 r-;EcEIVED DCM WILMINGTON, NC JUL 0 8 2014 PXCFMD JUL 2 2 2014 ?)CU-Mwcrrr RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Dan Smith dba JAM Properties JUL 2 2 2014 2. LOCATION OF PROJECT SITE: 2309 Middle Sound Loop Road adjacent to Middle Sound bMWe"ear the City of Wilmington, New Hanover County. Photo Index - 2006: 22-7427 J,K,L- 15 2000: 22-276 J,K,L-15 1995: 22-258 1,K,L-6 State Plane Coordinates - X: 2368036 Y: 185565 GPS File: 0-042310A Lat:34°15'13.14"N Long:77°46'55.63"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 07/15/14 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—07/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of Wilmington / New Hanover County 2006 Land Classification From LUP —Residential (B) AEC(s) Involved: CW (shading), EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — None Planned - None (F) Type of Structures: Existing — Private access pier with fixed platform Planned —Private 2-slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (shading) 300 sq. ft. (B) Non -Vegetated Wetlands 798 sq. ft. Open Water incorporated (C) Other uplands (D) Total Area Disturbed: 1098 square feet (>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to expand the existing pier by constructing a fixed pier extension and installing a floating dock with a boat lift on either side. Dan Smith RECEWM Page Two 9. PROJECT DESCRIPTION JUL 2 2 2014 The project site consists of a lot located at 2309 Middle Sound Loop Road adjacent to M= fOr the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling north on Market Street to Middle Sound Loop Road and turn right. Proceed to the right at the travel circle onto Middle Sound Loop Road and travel east approximately 2.8 miles. The project site will be located on the right side of the road adjacent to Middle Sound. The project site is a vacant lot that measures approximately 115 feet in width by approximately 235 feet in depth. The elevation of the high ground area of the lot averages approximately 15 feet above normal high water (NHW). High ground vegetation on the project site consists of few grasses, native shrubs and trees. The shoreline of the property is natural and slopes from the high ground to a transitional area of wetlands. The wetlands consist of some cattail (Typha spp.) along the shoreline intermixed with Smooth Cord Grass (Spartina alternaflora) water ward of the normal high water level (NHW). The Smooth Cord Grass, on average, is approximately 75 feet in width adjacent to the shoreline and a tidal flat extends beyond the edge of vegetation. This tidal flat extends for approximately 100 feet beyond the grass to a small slough (approximately 6 feet in width) that runs parallel to the shoreline. Approximately 250 feet outboard of the natural slough there is additional Smooth Cord Grass present, measuring approximately 50 feet in width. In total, the coastal wetlands and tidal flat measure approximately 475 feet in width from the edge of the high ground to the water ward edge of the coastal wetlands near the AIWW. The AIWW is approximately 575 feet in width in this location. Existing man-made features on the project site consist of two (2) small out buildings and a fixed pier with platform currently under construction. The access pier with a 16 feet wide by 16 feet long L-head platform was authorized by CAMA General Permit #63245D which is due to expire on September 5, 2014. The authorized pier has been constructed with an elevated span over the natural slough. The span will have a minimum of 6 feet of clearance above NHW. CAMA General Permit #63245D does not authorize any formalized boat slips and terminates within the tidal flat. Additionally, a bulkhead along the shoreline was authorized by CAMA General Permit #63962D. Bulkhead construction has not begun and the permit is due to expire on October 25, 2014. The adjacent properties to the north and south are both residential home sites. The property to the north has a man-made boat basin with docking facility. The property to the south does not currently have a docking facility. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are four (4) known archaeological sites within approximately 0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and Nh284). The waters of the AIWW are classified SA-ORW by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand the existing pier by constructing a fixed pier extension and installing an floating dock with a boat lift on either side. As proposed, the applicant would construct a fixed pier extension measuring approximately 6 feet in width by 135 feet in length from the terminal end of the pier currently under construction. The fixed pier extension would be connected via access ramp to a proposed floating dock, measuring approximately 8 feet in width by 20 feet in length. Two (2) 13 feet wide by 13 feet long boatlifts are proposed one on each side of the proposed floating dock. The applicant states that water depths in the location of the proposed pier are approximately -3.5 feet at Normal Low Water (NLW). The proposed floating dock and boat lifts appear to be located >75 feet from the federal channel setback in this area of the AIWW. As proposed, the floating dock would provide mooring for two (2) vessels. As proposed the docking facility would have a total length of approximately 535 feet and would extend approximately 100 feet into the open water body. The proposed pier extension and docking facility would conform to the quarter width limitation and would maintain the 15 foot riparian corridor setback from both the adjacent properties. Dan Smith REMWED Page Three JUL 2 2 2014 10. ANTICIPATED IMPACTS As proposed the docking facility would result in the incorporation of approximately 798 square feet of Estuarine Waters AEC and would result in the shading of approximately 300 square feet of Coastal Wetlands. As proposed the docking facility would provide mooring for two (2) vessels within waters approximately -3.5 feet in depth at normal low water. Minor increases in turbidity should be expected during construction. The proposed docking facility would not encroach into either adjacent riparian property owner setbacks. As proposed, it appears the docking facility would not exceed the quarter width of the water body limitation nor encroach into the federal channel setback. Submitted by: Holley Snider Date: July 17, 2014 Office: Wilmington RECEIVED Narrative JUL 2 2 2014 Daniel Smith 2309 Middle Sound loop road DCM-wmcrry Wilmington NC 28411 Agent: Mark clements 112 Circle drive Hampstead NC 28443 910-620-9505 Project: Request for dock extension. We are proposing to extend our current dock by 135' into the AICW. We also would like to propose to install an 8'x20' floating dock and two boat lifts in this area. Currently our dock is limited to canoe travel only and we wish to be able to have a place to keep our new boats at this time. We will follow all CAMA set back rules, and hope that you will grant us permission to proceed with this construction. Our current dock is 400' long and we have been told thru the Wilmington DENR that a major permit has to be applied for to get us out to the area that will best suit our needs. Thank you for your help and understanding is this project. Please feel free to contact me with any concerns you may have in this matter. Best Regards' G%G`7J RECEIVED DCM WtLMINGTON, NC J U N 2 5 2014 DRIVE RIR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor July 15, 2014 Mark Clements, agent for Dan Smith Clements Marine Construction 112 Circle Drive Hampstead, NC 28443 Dear Mr. Clements: John E. Skvarla, III Secretary RECOWD JUL 2 2 2014 DC:4RIM CITY The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your clients property located at 2309 Middle Sound Loop Road adjacent to Middle Sound, near the City of Wilmington, New Hanover County. It was received complete on 07/15/14, and appears to be adequate for processing at this time. The projected deadline for making a decision is 09/29/14. 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 July 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. U Holley Snid r Coastal Management Representative Enclosure cc: Jonathan Howell, DCM Debra Wilson, DCM New Hanover County LPO Ronnie Smith, COE Dan Smith, owner 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer RECRWED NOTI(0110017j JUL 2 2 2014 ncTr-gym Crr� LAMA PERMIT F m =J =J RIF=4 =I PROJ dockin ad j Aicant pro .. . Hanover Countv. oses to ! A A :.,1.J 1.. . ..... . FOR expand an existing .l MERTS A CF TED THj'I August 13 2014 APPLICANT: For: Dan FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Holley Snider, Field Representative 910-796-7270 Letter of agent IlaniTV ` gsYlm �(tj�VTl4jhave retained Mark Clements DBA, Clements Marine Construction Inc, to make pplication for any and all permits needed to start construction on the work requested for our property or properties. By allowing Mr. Clements to make such applications I do understand that this will in no way relieve me of any obligations to perform all work according to the building codes of North Carolina, CAMA, DWQ or any other state and or county ordinances. VPnn Signature %'i3-a00- date Contact information RECEIVED JUL 22 2014 Dcm-m mcrly RECEIVED DCM WILMINGTON, NC JUN 252014 Ao'wimt F"Arr 11 6 -Ac T1914 _ZS09 M� ddlrc Sowed Loop r 'Q.-M; t ■ 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 mailplece, or on the front if space permits. 1. Article Addressed to: MA 61r9 Ael& y�;, y3-,7 ,41 ✓Ae A. Signature �� �� ,�/. El Agent X , : �""Y O Addressee B. Received by (Printed Name) ' I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No RECEIVED DCM WILMINGTON, NC / ^ ` nr / 3. Suite Type 13 egiie Mall /0 Registered ❑ Express Mail ❑Return Receipt for Merchandise (f— ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extre Fee) ❑ Yes 2. Article Number AIN Z1.1rAVzW7012 (transfer from aervlce law 1640 0000 1121 9173 Ps Form 381 " I'J" Domestic Return Receipt 102595.02-M-1540 + DCW=CTY ■ 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: 6 // ZabA (*' error 3 Zod �'hf /oh ,Gd Z�s171 2. Article Number 7 012 (ransfer from service label) PS Form 3811. February 2004 Domestic A. Signature X<fd B. Received Is delivery address If YES, enter deliw ❑ Agent ❑ Addressee Name) C. Date of Delive a2 � •/3-i kddrdsa MW'. —u NO WILMINGTON, NC Jul 15 2014 3. Service Type _2rbertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. cted Delivery? (Extra F") ❑ Yes 40 0000 1121 9180 nCIN-MHQCtrY 102595-02-M-1540 101111111111 2013032601 FOR REGISTRATION REGISTER OF DEEDS TRNHY THEUSCH aEASLEY NEW HANOVER COUNTY, NC 2013 SEP 06 04:11:07 PM BK:5767 P6:2657-2660 FEE:$26.00 IiECEIvi p NC REV STPAP: $1, 950.00 MEN # MEN JUL 22 2014 CITY The Grantor and the Grantee confirm the excise Tax Lot No. /Parcel Identifier No. R05200-002- tax is $1,950.00 1 002-000 Mail after recording to: Lee Law Firm, PLLC This instrument was prepared by: LEE LAW FiRm, PLLC Brief Description For The Index: LOT 6, PALMETTO BLUFFS SUBSTITUTE TRUSTEE'S DEED GRANTOR Robbie B. Parker, Substitute Trustee c/o Lee Law Firm, PLLC 3909-100 Wrightsville Avenue Wilmington, North Carolina 28403 GRANTEE JAM Properties, Inc. 1442 Military Cutoff Road, Suite 26 Wilmington, NC 28403 THE PROPERTY REFERENCED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). 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. THIS DEED, made this Lday of September, 2013, by and between ROBBIE B. PARKER, Substitute Trustee under the Deed of Trust hereinafter mentioned, of New Hanover County, North Carolina (the "Grantor"), and JAM PPROPERTIES, INC. (the "Grantee"); W ITNESSETH: WHEREAS, on March 30, 2009, William B. Edge and Margaret C. Edge (collectivelyy�. the "Debtor"), executed and delivered a Promissory Note evidencing their indebtedness to John R Spbe wl V E D Jr. in the original principal amount of $625,000.00 (the "Note"); and DCM W I LMINGTON, NC JUL 152014 RECBNBD JUL 2 2 2014 WHEREAS, Debtor executed a Deed of Trust dated March 30, 2009, recorded in Book 5392, Page 1821 of the New Hanover County Public Registry, conveying certain real property con is°64&14TF (the "Property") in New Hanover County to Faison G. Sutton, Trustee, for the benefit of John R. Spencer, Jr. to secure the Note (the "Deed of Trust"); and WHEREAS, John R. Spencer, Jr. assigned his interest in the Note and Deed of Trust to JAM Properties, Inc. by Assignment of Deed of Trust recorded on June 3, 2013, in Book 5742, Page 911 of the New Hanover County Public Registry; and WHEREAS, Grantor was substituted as Trustee by a Substitution of Trustee recorded in Book 5742, Page 1999 of the New Hanover County Public Registry; and WHEREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Debtor, by the owner and holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the Deed of Trust and sell the real property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and WHEREAS, under and by virtue of the power and authority in him vested by the Deed of Trust and according to the terms and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of New Hanover County in that certain FORECLOSURE PROCEEDING, entitled 13-SP-597, whereupon the Assistant Clerk of Superior Court of New Hanover County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at 12:10 p.m. on July 31, 2013, did expose the Property for sale at public auction at the New Hanover County Courthouse; and WHEREAS, Grantor duly reported the sale to the Clerk of Superior Court for New Hanover County on July 31, 2013, wherein Grantee was the highest bidder with a bid of $975,000.00 (the "Credit Bid"), and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, no upset bids were filed, and the rights of the parties to the sale have become fixed in accordance with N.C. Gen Star. §45-21.27(a). NOW, THEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real property: BEING ALL OF LOT 6, PALMETTO BLUFFS, as the same is shown on a map thereof recorded in Map Book 4, Page 109 in the New Hanover County Registry. SUBJECT TO any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property. TO HAVE AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor, as Substitute Trustee, is authorized and empowered to convey. RECEIVED DCM WILMINGTON, NC JUL 15 2014 The Property is specifically conveyed "AS IS, WHERE IS." Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. IN WITNESS WHEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set his hand and affixed his seal on the day and year first above written. �Is � (SEAL) Robbie B. Parker, Substitute Trustee Lee Law Firm, PLLC 3909-100 Wrightsville Avenue Wilmington, North Carolina 28403 Telephone: (910) 399-3447 STATE OF NORTH CAROLINA COUNTY OFF NEW HHANOVER _ I, � pi;Q�(� R�O�AN a Notary Public of the County and State aforesaid, certify that ROBBIE B. PARKER, Substitute Trustee (the "Signatory"), personally came before me this day and acknowledged the execution of the foregoing instrument. I certify that the Signatory personally appeared before me this day, and l have personal knowledge of the identity of the Signatory. The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal, this � day of September, 2013. [Note: Notary Publistmust sign exactly as on notary seal] My Commission Expires: 1Z 1LG wT � [NOTARY SEAL] (MLfSTFULLYLEGIBLE) RECEIVED DCM WILMINGTON, NG JUL 1 5 2014 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ...........».................... ................... .................. ........... ...... ........... ......»..,.......... Filed For Registration: 09/06/2013 04:11:07 PM Book: RE 5767 Page: 2657-2660 Document No.: 2013032601 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $1,950.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013032601* 2013032601 "CEM o JUL 2 2 20% X.V-;"»-1)crl r RECEIVED DCM WILMINGTON, NC JUL 1 5 2014 NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Governor July 3, 2014 Mark Clements Clements Marine Construction, Inc. 112 Circle Drive Hampstead, NC 28443 RE: CAMA Major Permit Application Dan Smith Docking Facility New Hanover County Dear Mr. Clements: Natural Resources RECEIVER JUL 2 2 2014 I)CM-MHRCTfy John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, requesting state approval, on behalf of Dam Smith, for a private residential docking facility located at 2309 Middle Sound Loop Road, adjacent to Middle Sound which is contiguous with the Atlantic Intracoastal Waterway, in New Hanover County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7270. Sincerely, Holley S ' er Field Representative cc: Jonathan Howell Robb Mairs, Field Representative Dam Smith, 1255 Great Oak Dr., ILM, NC 28411 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net An Equal Oppodunity 1 Afinnative Action Employer REC):= PAGE 2 CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PR0ASffJW14 APPLICATION 1. PERMIT APPLICATION FORMS Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-1: • Number 3.b, please indicate Middle Sound as the nearest water body. • Number 4.m, please indicate that there are coastal wetlands present on the site. • Number 4.p, please indicate that there are no storm water or management treatment systems on site. • Number 5. F and j, please complete. Form DCM MP-4: • Number 1.h, please clarify the services to be provided. 2. TOP OR PLAN VIEW DRAWINGS Your application must include a drawing(s) showing the following: Existing and proposed features (i.e. dunes, shorelines, water bodies, marsh lands, wetlands, existing and proposed man-made structures, exact areas and dimensions of proposed excavation, fill and/or spoil disposal, existing water depths, approximate mean high, low, and average water levels, property boundaries and riparian corridors, width of the adjacent water body, distance of proposed structure(s) to federally maintained channels, and names of adjacent property owners. • Please include the appropriate scale on all drawings. 3. CROSS-SECTION DRAWING • Please include the appropriate scale on all drawings. 4. ADDITIONAL INFORMATION Please provide a copy of the deed or other instrument under which the applicant claims title to the affected properties. Please provide a copy of the notifications and signed returned mail receipts as proof that the adjacent riparian property owners have received notification of the applicants development proposal. These landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor July 18, 2014 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 John E. Skvarla, III Secretary REC1iWID JUL 2 2 2014 MM- HiDCrrY Re: Division of Coastal Management Major Public Notice for Daniel Smith Kyle & Heather: Please publish the attached Notice in the Wednesday, July 23, 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, A Shaun K. Simpson Permit & Customer Suppo Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641ntemet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RECEWM NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR JUL 2 2 2014 DEVELOPMENT PERMIT AChf-wwCffY The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On July 15, 2014 Dan Smith proposed to expand an existing docking facility at 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Holley Snider, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7270) 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 August 13, 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. MAJOR PERMIT FEE SCHEDULE PzSv- Daniel Smith /,$*56/New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does ' I� of involve the filling or excavation of any r wetlands or open water areas: $2510 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM tall determined that additional review and written DWQ concurrence is needed because of oncerns 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 open water areas: $475 60% $285 40% $190 RECEIVED Y JUL 2 2 2014 DCM-MHD CITY DENR CAMA Dail heckLogforWIRO Date Received Check From Name Name of Permit Holder Check Number Check amount Permit NumberyCommems 6/5/2014 Allied Marine Contractors, LLC Peter Caldwell _ The Andrew C. Edwards Trust 6/5/2014 Antinori Construct on, Inc _ J R. Barbour _ 6/5/2014 John H. King _ Kenneth Samuel Catlett Jr. _ 6/6/2014 Hie Gray and Larry Keith Bowen Jeremy Phillips _ 6/6/2014 Antinon Construction, Inc _ 7 _ _ 6/62014 Baatznght Inc 7 --_. 616/2014, Overbeck Marine Construction Inc. Leigh Bames 6/70/2014 Carolina Marine Cmi strucbon, Inc Blockade Runner Resort _ 6/70/2014 Michael Joseph Sauer Michael and Carey Sauer _ _ 6/10/2014 Lighthouse Marine Construction Inc. Nash Johnson 6/10/2014 Lighthouse Marine Construction Inc. Jane Bowtlen 6/1 V2014' Herman E. Rouse _ same �_ 6/17/20741Allled Marine Contractors LLC _ Lepsig 6/112014 Holden Dock & Bulkheads Short _ 6/11/20141Constance Stokes _ 119 Burlington St OIB _ _ 6/11/2014 Gnce Construction of Brunswick County 29 Raeford St, 018 1/7/2014 Gnce Construction of Brunswick Count Robert & Susan Ho 6/13/2014 Antinori Construction, Inc Fussell 6/13/2014 Southern Environmental Group Inc _ Blankenship 6/1312014. Charles Rigg & Associates James _ 6/16/2014'Joyce Godwin same _ 6/1712014Vince and MaryHinson _ same _ _ _ 6/17120141 Steven T. Farmer/TRA Coal Services Puente _ _ 6/17/2014 _ Escobar _ 6/17/2014 _B & K Marine Construction _ _ Hickman_ 6/17/2014 Grice Construction of Brunswick County Smith _ 6/17/2014 Leatherman 6/18/2014 Kyle A. Buck Paul Mounts 6/78/2014 Town of Leland 6/7812014 Hunter Development Corp. Michael Tuton 61182014 Charles F. Riggs 8 Associates Inc_ _ Lynwood Lee Thornton 6/18/2014 B of A Money Order _ _ Kenn Morgan Alice Brown _ 6/18/2014 Delivery Co East _ Gary Sample ___ 6/182014 Atlantic Coast Industrial, LLC David Brinkley, AC I Holtlin s _6607 $400.00 GP 63189D 90$200.00 _ 6607 GP 63190D $200.00 _ _ - 2952 $200.00 GP 63187D _ _ _ 1122 $200.00 GP 639340 _ _ 5334 $200.00 GP 63292D 2959 $200.00 GP 53 N. Ridge Surf City 1748 $200.00 GP 60691D 4264 9068 576 $200.00 GP 63937D $200.00 GP 639426 $100.00 NTB minor fee 114 Oceanview Lane 4987 $200.00 GP 62659D 4994 _ $200.00 GP 63928D - 1171 _ $800 00 GP for 160 Chadwick Lane Sneads Forty _ 6640 $100 00 modification MP# 23-13 _ _ 5643 $200 00 GP 63293D 1260 _ $200 00 i 63938D _ 9677 $200.00 GP 63940D @ 9383 $1,000.00 GP 63165D $200 2966, $200.00 GP 63919D 58671:::�00.00 Major Permit fee_Tume Creek, Oak Island 13471'' $100. 00 minor fee, 129 Atkinson Rd. Suit City _ 1096 _ _ $200.00 GP 639480 _ 5419 $630.00 Vio.#10-42, Ocean Isle Beach, Brunswick Co. _ _ 4517, $400.00 GP 63944D @$200 4517 GP 63945D $200 1145 9695 $200.00 GP 63939D_ $600.00 GP 63947D @$200 9695 GP 639490 0$400 1016 $250.00 $100.00 Major fee, Shpwatch Minor fee, 844 Appleton Wa , SN 29013 C2ek.LeWM 21071 $200.00 GP 63950D 73473 $700.00 minor fee SC_14-09 1139200123 $1,000.00 GP 63922D $200 1139200123 GP 63921D $600 11392DO123 15031 $200.00 GP 639200 10234 9702 $200.00 $200.00 GP 63951D GP 63266D 6/182014 Grice Construction of Brunswick County John Teague 6/19/2014 Hammocks at Shallone Pointe LLC 1053 $100.00 modification of MP #93-08 620/2014 Vl aver Law Firm _ Steven Villaver 5992 $200.00 GP 63202D _ 6/23/2014 _ _ Bank of A Money Order_ Brandon Grimes 1139200122 $497.00 Vio# 14-03D B & B Marine Con $200 mM/$250 penalty Brandon Grimes Cord Grass Bay HOA 1139200122 9105 $400.00 . GP 639550 $47 GP 63957D _ 6/23/2014 Carolina Marine Construction, Inc 6/23/2014 Reggie W. Berms Jr _ 1200 $100.00 Transfer fee #70-09 6/24/2014 les F. Riggs & CharAssociates Inc. Gile& Lee Thornton s JeR�s 1 3510 $600.00 GP 63952D $200 Jason Dixon & Lee Thornton _ GP 639540 @$200 Richard L and Enw J. Penny _ _ Clements Marine Conabuc0on Inc Mike Turbeville & GregCcner _ GP 639530 $200 GP_63924D 6/24/2014_ 8292014 535 $200.00 Dan Smith 3488 $650.00 GP 63962D @S400 Major fee Smith $250 F, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1t6C81lia 4, 1) APPLICANT: Dan Smith dba JAM Properties COUNTY: New lanover PROJECT NAME: Smith dock eznancion JUL 2 2 ZW4 LOCATION OF PROJECT: 2309 Middle Sound Loop Rd, adjacent to the AIR R, in Wi[mingQ,a D ��my DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-15-14 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Snider DISTRICT MANAGER REVIEW: ,J-,e B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-23-14 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: f7LL� C) 75 DAY DEADLINE: MAIL OUT DATE: 7-18 -14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: END OF NOTICE DATE: 8-13-14 DEED C'D: ON: 11 150 DAY DEADLINE: STATE DUE DATE: 8-13-14 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Z z - / N ✓ Coastal Management - LUP Consistency Division of Community Assistance i $ I- / •� Land Quality Section (DEMLR) 1 31 IN Division of Water Resources (401) $- 14-14 ✓ I y - orl SZ Storm Water Management (DEMLR) 14-14 State Property Office Division of Archives & History 7• �8-/ Division of Environmental Health %^ fit(• /y ✓ Division of Highways % R9-/V ✓ Wildlife Resources Commission-21-►y / V/ Local Permit Office 1) 48-1 y 1 ✓ Division of Marine Fisheries / DCM q-zz-ly Corps of Engineers Ls') b- pws 9-)-8-1y ✓ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor c. r ►off. 23.01 n0232425� July 18, 2014 Division of Coastal Management 1�V� MEMORANDUM: 4 TO: Maria Dunn i! (( NCWRC 6 9 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (1/�,,� I` �� DATE S- l8-201+ rAU RFCG 2 2FdVED N.C. Division of Coastal Management x 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151FAX: 910-395-3964Internet: www.nocoastalmanagement,net D ,.; FDcry An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management John E. Skvarla, III Secretary Ir 1WCE1VED JUL 2 2 2014 a. DC:vS-lv::'.DC:TY 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED T Y Ce 1_ DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affinnalive Action Employer e�,A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO I'-CEIVE �jj JUL 18 20% 1 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 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 7 �a.3 RECEIVED N.C. Division of Coastal Management AUG 14 2011 127 Cardinal Drive Ext , Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net DCM-MHDCITY An Equal Opportunity 1 AXlrmative Action Employer A32A NCDENR North Carolina Department of Environment and Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - Wilmington Natural Resources �Va "ate , a, 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY:s 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 cy o cts to the project for reasons described in the attached comments. �� SIGNED DATE ! fice AUG 14 2014 N.C. Division of Coastal Management 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX 910-395-3964Internet: www.nccoastaimanagement.net DCM-MMCM An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Pat McCrory Govemor August 11, 2014 Mr. Dan Smith 1255 Great Oak Drive Wilmington NC 28405 Natural Resources John E. Skvarla, III Secretary DWQ Project # 14-0752 New Hanover County Subject Property: 2309 Middle Sound Loop Road - Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Smith, You have our approval, in accordance with the attached conditions to expand an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on July 21, 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 htto://portal.nedenr.org/web/wq/swp/ws/401/certsandpemiits. 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 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. UXEPMD Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or ap lica�le 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 VnWIRKIMces, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 1617 Mall Service Center, Raleigh, North Carolina 27699-1601 + k Phone: 919-707-66001 Internet: www.ncdehr.gov An Equal OpporWnity 1 Affimietive Awn Empbyer - Made in part by recycled paper 2 Dan Smith New Hanover County 2014-0752 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, �� i/`"` Z Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3900 Certificate of Completion cc: Mark Clements — 112 Circle Drive, Hampstead, NC 28443 Ronnie Smith — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Jonathan Howell — 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, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: 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 Pennittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. _ Date RECMED n, ` r i s AUG 14 201' DCM-MOCITY Aj2i NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO John E. Skvarla, III Secretary U'JL 18 2014 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 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. SIGNEDDATE .JuL`l 23 . Zor 14 RBCEM N.C. Division of Coastal Management JUL 81 2014 127 Cardinal Drive Ext„ Wilmington, NC 28405 Phone: 910-796-72151FAX:910-395-3964Internet: www.nccoastalmanagement.net DmiNmcffy An Equal opportunity 1 Affirmative Action Employer Pat McCrory Governor July18, 2014 1646CC% NR .. - 014 'Carolina Department of Environment and Natural Res our ce'stt� 2 _ John-E-Skvarla. III - ,Secretary Division of Coastal.Management MEMORANDUM:' TO: Renee Gledhill -Early Dept. of Cultural Resources .Archives & History FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits.Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-92-09) SUBJECT: CAMA Major Permit Application Review Applicant: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion,of an existing docking facility Pleaseindicate below your agency's position"or vie wpoint.b th"e proposed"project and return this form to Jonathan Nowel! at the address above by"August 13, 2014. If you have anyquestions regarding the proposed project, contact Holley Snider at,(910)7967270 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 omthe, otoposed project. This agency approves of the, project only if the recommended changes are incorporated. See"attached. �J This agency (objects to the project for reasons described in the attached.comMonts. SIGNED ILA et " - Qt �TDATE N•C. Division of Coastal lA magerrent 127 Cardinal Orfve Ext., 4ii!r nnglon; NG28405 Phone:910.790:7215 t FA Xc 910-3953954 IntonneC +wrn-nccoastalmanaoement.Pel An E�riA OrF*xw' :y � ALtrtare fcucn Encat^r JUL 2 2 2Dt4 A��r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Manaaement John E. Skvarla, III Secretary MEMORANDUM: JU( 182014 TO: Heidi Cox Environmental Engineer Public Water Supply FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Dan Smith di JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 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 QJA,(J (�o�� DATE RECEIVED JUL 2 8 2014 N C. Division of Coastal Management 'DCN _MHDC" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagementnet An Equal Opportunity 1 Al innative Action Employer RECEIVED JUl 2 4 NCDENR 2�r4 North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard Local Permit Officer 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014, If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: his 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 h pr ct for reasons described in the attached comments. SIGNED DATE Z RECEIVED JUL 2 8 21`11n N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 bCM•MHDC!TY Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanaciement.net An Equal Opportunity 1 Affirmative Arbon Employer LFIWA DISTRICT 3 JUL 2 2 2014 NCDENR RECEIVED North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County RBCEWW Proposed Project: Expansion of an existing docking facility JUL 2 4 2014 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 August 13, 2014. Ifity0umcCry have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 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 7 - Z 2 — N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanaaement.net An Equal Oppodunity 1 Alfirmab" Action Empbyer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dan Smith dba JAM Properties 2. LOCATION OF PROJECT SITE: 2309 Middle Sound Loop Road adjacent to Middle Sound and the AIWW, near the City of Wilmington, New Hanover County. Photo Index- 2006: 22-7427 J,K,L- 15 2000: 22-276 1,K,L-15 1995: 22-258 1,K,L-6 State Plane Coordinates - X: 2368036 Y: 185565 GPS File: 0-042310A Lat:34°15'13.14"N Long:77°46'55.63"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-07/15/14 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 07/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —City Of Wilmington / New Hanover County 2006 Land Classification From LUP — Residential (B) AEC(s) Involved: CW (shading), EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — None Planned - None (F) Type of Structures: Existing — Private access pier with fixed platform Planned —Private 2-slip docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (shading) 300 sq. ft. (B) Non -Vegetated Wetlands 798 sq. ft. Open Water incorporated (C) Other uplands (D) Total Area Disturbed: 1098 square feet (>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to expand the existing pier by constructing a fixed pier extension and installing a floating dock with a boat lift on either side. �, RECENED JUL 24 20?4 Dan Smith Page Two 9. PROJECT DESCRIPTION The project site consists of a lot located at 2309 Middle Sound Loop Road adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling north on Market Street to Middle Sound Loop Road and turn right. Proceed to the right at the travel circle onto Middle Sound Loop Road and travel east approximately 2.8 miles. The project site will be located on the right side of the road adjacent to Middle Sound. The project site is a vacant lot that measures approximately 115 feet in width by approximately 235 feet in depth. The elevation of the high ground area of the lot averages approximately 15 feet above normal high water (NHW). High ground vegetation on the project site consists of few grasses, native shrubs and trees. The shoreline of the property is natural and slopes from the high ground to a transitional area of wetlands. The wetlands consist of some cattail (Typha spp.) along the shoreline intermixed with Smooth Cord Grass (Spartina alternaflora) water ward of the normal high water level (NHW). The Smooth Cord Grass, on average, is approximately 75 feet in width adjacent to the shoreline and a tidal flat extends beyond the edge of vegetation. This tidal flat extends for approximately 100 feet beyond the grass to a small slough (approximately 6 feet in width) that runs parallel to the shoreline. Approximately250 feet outboard of the natural slough there is additional Smooth Cord Grass present, measuring approximately 50 feet in width. In total, the coastal wetlands and tidal flat measure approximately 475 feet in width from the edge of the high ground to the water ward edge of the coastal wetlands near the AIWW. The AIWW is approximately 575 feet in width in this location. Existing man-made features on the project site consist of two (2) small out buildings and a fixed pier with platform currently under construction. The access pier with a 16 feet wide by 16 feet long L-head platform was authorized by CAMA General Permit #63245D which is due to expire on September 5, 2014. The authorized pier has been constructed with an elevated span over the natural slough. The span will have a minimum of 6 feet of clearance above NHW. CAMA General Permit #63245D does not authorize any formalized boat slips and terminates within the tidal flat. Additionally, a bulkhead along the shoreline was authorized by CAMA General Permit #63962D. Bulkhead construction has not begun and the permit is due to expire on October 25, 2014. The adjacent properties to the north and south are both residential home sites. The property to the north has a man-made boat basin with docking facility. The property to the south does not currently have a docking facility. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are four (4) known archaeological sites within approximately 0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and Nh284). The waters of the AIWW are classified SA-ORW by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand the existing pier by constructing a fixed pier extension and installing an floating dock with a boat lift on either side. As proposed, the applicant would construct a fixed pier extension measuring approximately 6 feet in width by 135 feet in length from the terminal end of the pier currently under construction. The fixed pier extension would be connected via access ramp to a proposed floating dock, measuring approximately 8 feet in width by 20 feet in length. Two (2) 13 feet wide by 13 feet long boatlifts are proposed one on each side of the proposed floating dock. The applicant states that water depths in the location of the proposed pier are approximately-3.5 feet at Normal Low Water (NLW). The proposed floating dock and boat lifts appear to be located >75 feet from the federal channel setback in this area of the AIWW. As proposed, the floating dock would provide mooring for two (2) vessels. As proposed the docking facility would have a total length of approximately 535 feet and would extend approximately 100 feet into the open water body. The proposed pier extension and docking facility would conform to the quarter width limitation and would maintain the 15 foot riparian corridor setback from both the adjacent properties. Dan Smith Page Three 10. ANTICIPATED IMPACTS As proposed the docking facility would result in the incorporation of approximately 798 square feet of Estuarine Waters AEC and would result in the shading of approximately 300 square feet of Coastal Wetlands. As proposed the docking facility would provide mooring for two (2) vessels within waters approximately -3.5 feet in depth at normal low water. Minor increases in turbidity should be expected during construction. The proposed docking facility would not encroach into either adjacent riparian property owner setbacks. As proposed, it appears the docking facility would not exceed the quarter width of the water body limitation nor encroach into the federal channel setback. Submitted by: Holley Snider Date: July 17, 2014 Office: Wilmington rRECEIVED JUL 2 4 2014 Narrative Daniel Smith 2309 Middle Sound loop road Wilmington NC 28411 Agent: Mark clements 112 Circle drive Hampstead NC 28443 910-620-9505 Project: Request for dock extension. We are proposing to extend our current dock by 135' into the AICW. We also would like to propose to install an 8'x20' floating dock and two boat lifts in this area. Currently our dock is limited to canoe travel only and we wish to be able to have a place to keep our new boats at this time. We will follow all CAMA set back rules, and hope that you will grant us percussion to proceed with this construction. Our current dock is 400' long and we have been told thru the Wilmington DENR that a major permit has to be applied for to get us out to the area that will best suit our needs. Thank you for your help and understanding is this project. Please feel free to contact me with any concerns you may have in this matter. Best R�egar�ds, L' C✓��/ RECEIVED DCM WILMINGTON, NC J U N 2 5 2014 oeM MF-1 APPLICATION for Malor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Infonnation Business Name Project Name (if applicable) Last Name Applicant 1: First Name MI smith Dan Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names fisted. Mailing Address PO Box City State 1255 great oak drive Wilmington nc ZIP Country Phone No. FAX No. 28405 new hanover. 910-200-3454 ext. Street Address (if diKerent from above) City State ZIP 2309 middle sound loop road Wilmington NC 28411- Email dan@shp2.com 2. Agent/Contractor Information Business Name - "C� Clements Marine Construction Inc,. Agentl Contractor 1: First Name MI Last Name �;- JUL 2 4 2014 Mark H Clements Agent/ Contractor 2: First Name MI Last Name aM�C Mailing Address PO Box City State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-020-9110 ext. 910-270-9116 eA FAX No. Contractor 0 same Street Address (if different from above) City State ZIP Email clementsmadneco@belisouth.net DCM WILMINGTON, NC <Form continues on back> �LIN252014 21 $08.28 C;3 Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # new hanover 2309 middle sound loop road US HWY 17 Subdivision Name State zip middle sound NC 28411 - Phone No. ti t No.(s) (if many, attach additional page with list) 910 - 620 - 9505 ext. a. In which NC river basin Is the project located? Name of body of water nearest to proposed project cst�� Fear AICW hif�JPe �f91�nG� c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. new hanoverco 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 116, 27025 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 115x235', I I NWL (normal waterlevel) (if many lot sizes, please attach additional page with a list) 15, ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract private home and pier g. Identify and describe the existing land uses adiacen to the proposed project site. private residential homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVE® DCM WILMINGTON, NC JUL o s 2014 212-20 f3-„80 .. 9•:3.:31=.. r3li2 E�t;v!1 ,4'7' .. �:✓;rr �.v.n�ccasea8 n, n naq a wj E unv, mA Form DCM MP-1 (Page 4 of 5) nlr`� 1 7 i APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? M'ea ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to ehher (1) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. county o. Describe existing drinking water supply source. county p. Describe existing storm water management or treatment systems. r9a 5. Activities and impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To add to the current dock for boating access and will be used for private docking. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where lt is to be stored. The current dock has no access to the icw and is limited to small boat access at high tide. we wish to exstend the current dock to the icw for better boating access for this dock. no equipment is stored on site, a barge is required for installing pilings and hand tools will be used to complete the application. d. List all development activities you propose. To install 135' x 6 wide pier and install an 8'x2Y floating dock with a boat lift on each side. Also a 3'x16' gangway is required to access the floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? I2Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public aocessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff JUL 2 4 2014 i. WIII wastewater or stormwater be discharged into a wetland? ❑Yea ®No ❑NA BCa•MIMCITY If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? []Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC ...-tf z73 :. fi t33 33=; fd r3 ,'.; r.+a :-, _p .. oSiNva :aox:t ^eidni aan a+yterra_ r�-..e rep Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following rlemsbelow, if applicable, must be submitted in order for the application package to be complete. Items (a) — (r) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Elizabeth Cameron Phone No. Address 3206 Shiloh rd Willard NC 28478 _ Name ERY Kehaya Phone No. Address 2307 Middle sound loop rd Wilmington NC 28411 Name _ Phone No. Address. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. gp 63245P CP Oqul) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on th'ii aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful the best of my knowledge. II' Date 6&2014 Print Name Mark Clements Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development NDCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252.608-2808 ,. 1-8L8-4 �aCr?:i +'Y .. av +<vvv. nc C oasralma nag e mant.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovemment ®Private/Community c. (1) Dock(s) and/or pier(s) (ii) Number 1 (III) Length 135' IN) Width 6' (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (III) Length 20' IN) Width 8' (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 Ili) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the fadlity be open to the general public? []Yes ONO d. (i) Are Finger Piers included? ❑Yes ONO If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ®No f. (1) Are Boatlifts included? ®Yes []No If yes: (ii) Number 2 (III) Length 13 (iv) Width 13 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: — ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed .. RHCMM JUL 2 4 2014 I. (i) Will the facility be open to the general publi" CM"Moc" ❑Yes ®No RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 2. DOCKING FACIL.ITYINARINA OPERATIONS 0This 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 ❑ 8oatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ip Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake signs proposed. _ 1. 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? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes []No RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252.308,2808:: 4.3ft 4RCOAST::wwuv._ncc_castalmanagea_nsgat_i_et raviseo: 92le7r06 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/dooking 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 ❑WL _ ❑None p. Is the proposed marina docking facility located within orwithin 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. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublklGovemment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. I A GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. () Number (il) Length (ii) width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NNW, NWL, or wetlands 6. MOORING PILINGS and BUOYS 0This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc) DCM-MRDCITY RECEIVED DGM WILMINGTON, NG JUN 2 5 2014 Form DUA I;P-4 (Structures, Page A. of d) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. over 209 each direction over 200' each side Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 572.62' e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA QI) If yes, explain what type and how they will be implemented. d. Water depth at watenvard end of structure at NLW or NWL 3.5' nlw 18. OTHER []This section not applicable I a. Give complete description: To exstend current dock out 136 and install an 8x20 floating dock. Also install two boat lifts, one on each side of the floating dock. 6/2/2014 Date Dan Smith Project Name mark clements Applicant Nama ff Applicant Signa RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 252-808-2809;:1-888-4RCOA5T:: revised: 12127'06 n ha�a G1[15iULL� )}9cK Dart G'smeran 3r»r}ii N _ 0 ,%! f �� Z ��/ r — D. Imr'7 e C . _ lReV l � i-8-14 S, 'TZ A* 17eC4:� RECEIVED JUL 2 4 2014 DCM-MHD CITY i-,EC'EiVED DCM WILMINGTON, NC JUL o 8 2014 Q P-v p i� net 011, �l�: RECEIVE© DGM WILMINGTON, NC JUN 2 5 2014 NCDENR North Carolina Department of Envir Natural Resources Pat McCrory D r Governor ✓ L JUL 2 3 2014 D July 18, 2014 Shellfish Sanitation E Water I-, Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. .i This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. s agency objects to the project for reasons described in the attached comments. SIGNE DATE -ZI- /¢ $EC�IVED JUL- 2 4 Z014 N.C. Division of Coastal Management T)CM-Mo c" 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Admative Acton Employer WDEPIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Manadernent 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent ,to theAIWW, in. Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014: If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 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 7/.(f/y Y N.C. Division of Coastal Management 127 Cardinal Drive Exl., Wilmington, NO 28405' Phone; 910-796-72151FAX: 910-395,3964Inlemnw w.nccoastalmanagement.nel An Equal opportunity lABumalive Action Employer Recommendations for State Permit — Dan Smith dba JAM Properties 07/17/14 The total area for the docking facility was calculated as follows: RBCBIVED Shoreline length =115 ft. x 8 sq. ft = 920 sq. ft. allowable. Fixed platform = 16 feet x 16 feet = 256 square feet Proposed floating dock = 8 feet x 20 feet = 160 square feet Total = 416 square feet JUL 2 2 Z014 Dcm-==Y It is staffs recommendation that the proposal to expand the existing pier by constructing a fixed pier extension and installing an floating dock with boat lifts on either side is CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15A NCAC 07H.0208(6)(C) Pier and Docking facilities. Any permit issued should include the following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. 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. 3. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. 4. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. 5. 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. 6. 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. 7. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 8. 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. 9. 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. 10. The docking facility 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. 11. This permit authorizes a maximum of two (2) boat slips. At no time shall more than two (2) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary To: Jonathan Howell Assistant Maj, From: Joy Wayman Real Property Re: July 23, 2014 g Coordinator CAMA Major Permit implication Review Applicant: Dan Smith dba JAM Properties State Property Office Reply: Please confirm that the proposed dock in not located within the USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. tARECEIVEDRECEIVEDG 0 S 2014 DCM-MHD CITY Mailing Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affirmative Action Employer Web: hap://w .nespo.org A r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvada, III Secretary July 18, 2014 RECEIVED Division of Coastal Management JUL 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: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility 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 August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: `rhu�Au Tf ! agency has no objection to the project as proposed . --T\his agency has no comment on the proposed project. (AMC- Cok ,Pal ACA ,.S RtA w tt�',,� 0,-3RC1= PTttJ1.0 �.�x.vner\-� are4. _This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED AUG 0 8 7014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaaement.net DCM-MgDCRY An Equal Opportunity 1 Affirmative Action Employer 0 2013032601 FOR REGISTRATION REGISTER OF DEEDS TAMNY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 SEP 06 04: i 1:01 PM 0K:5761 P6:2651-2660 FEE:$26.00 K REU STAMP41,950.00 ISO # NOR The Grantor and the Grantee confirm the excise Tax Lot No. /Parcel Identifier No. R05200-002- tax is $1,950.00 1 002-000 Mail after recording to: Lee Law Firm, PLLC This instrument was prepared by: LEE LAW FIRM, PLLC Brief Description For The Index: LOT 61 PALMETTO BLUFFS SUBSTITUTE TRUSTEE'S DEED GRANTOR GRANTEE Robbie B. Parker, Substitute Trustee JAM Properties, Inc. AUG 0 8 2014 c/b Lee Law Firm, PLLC 1442 Military Cutoff Road, Suite 26 3909-100 Wrightsville Avenue Wilmington, NC 28403 Wilmington, North Carolina 28403 DCM•MIMCITY THE PROPERTY REFERENCED HEREIN DOES NOT INCLUDE THE PRIMARY RESIDENCE OF THE GRANTOR OR DEBTOR (AS DEFINED BELOW). 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. THIS DEED, made this Xday of September, 2013, by and between ROBBIE B. PARKER, Substitute Trustee under the Deed of Trust hereinafter mentioned, of New Hanover County, North Carolina (the "Grantor"), and JAM PPROPERTIES, INC. (the "Grantee"); WITNESSETH: WHEREAS, on March 30, 2009, William B. Edge and Margaret C. Edge (cwllectivei the "Debtor"), executed and delivered a Promissory Note evidencing their indebtedness to John R Spax�erl VED Jr. in the original principal amount of $625,000.00 (the "Note"); and DCM WILMINGTON, NC JUL 152014 WHEREAS, Debtor executed a Deed of Trust dated March 30, 2009, recorded in Book 5392, Page 1821 of the New Hanover County Public Registry, conveying certain real property conveyed herein (the "Property") in New Hanover County to Faison G. Sutton, Trustee, for the benefit of John R. Spencer, Jr. to secure the Note (the "Deed of Trust"); and WHEREAS, John R. Spencer, Jr. assigned his interest in the Note and Deed of Trust to JAM Properties, Inc. by Assignment of Deed of Trust recorded on June 3, 2013, in Book 5742, Page 911 of the New Hanover County Public Registry; and WHEREAS, Grantor was substituted as Trustee by a Substitution of Trustee recorded in Book 5742, Page 1999 of the New Hanover County Public Registry; and WHEREAS, default having occurred in the payment of the indebtedness secured by the Deed of Trust and in the performance of the stipulations and conditions therein contained, due demand was made upon Debtor, by the owner and holder of the indebtedness secured by the Deed of Trust, that the Grantor foreclose the Deed of Trust and sell the real property described therein under the terms and provisions thereof and the laws of the State of North Carolina; and . WHEREAS, under and by virtue of the power and authority in him vested by the Deed of Trust and according to the terms and the stipulations of the same, and pursuant to the Order of the Assistant Clerk of Superior Court of New Hanover County in that certain FORECLOSURE PROCEEDING, entitled 13-SP-597, whereupon the Assistant Clerk of Superior Court of New Hanover County, North Carolina authorized Grantor to proceed under the Deed of Trust and sell the Property, and Grantor, at 12.10 p.m. on July 31, 2013, did expose the Property for sale at public auction at the New Hanover County Courthouse; and WHEREAS, Grantor duly reported the sale to the Clerk of Superior Court for New Hanover County on July 31, 2013, wherein Grantee was the highest bidder with a bid of $975,000.00 (the "Credit Bid"), and thereafter said sale remained open ten (10) days as by law required; and WHEREAS, no upset bids were filed, and the rights of the parties to the sale have become fixed in accordance with N.C. Gen Stat. §45-21.27(a). NOW, THEREFORE, in consideration of the premises and the payment of the purchase price, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of the Deed of Trust, Grantor does hereby bargain, sell, grant and convey unto Grantee and its successors and assigns, all of the following real property: BEING ALL OF LOT 6, PALMETTO BLUFFS, as the same is shown on a map thereof recorded in Map Book 4, Page 109 in the New Hanover County Registry. SUBJECT TO any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property. TO HAVE AND TO HOLD the said Property, together with all rights, privileges and appurtenances as thereunto belonging unto the Grantee, its successors and assigns, forever, in as full and ample manner as Grantor, as Substitute Trustee, is authorized and empowered to convey. RECEIVED DCM WILMINGTON, NC JUL 15 2014 The Property is specifically conveyed "AS IS, WHERE IS." Grantor makes no representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed. IN WITNESS WHEREOF, Grantor, Substitute Trustee under the Deed of Trust, has hereunto set his hand and affixed his seal on the day and year first above written. (SEAL) Robbie B. Parker, Substitute Trustee Lee Law Firm, PLLC 3909-100 Wrightsville Avenue Wilmington, North Carolina 28403 Telephone: (910) 399-3447 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER _ A�DQ NAD- IUD I, A1✓ NS- � AN a Notary Public of the County and State aforesaid, certify that ROBBIE B. PARKER, Substitute Trustee (the "Signatory"), personally came before me this day and acknowledged the execution of the foregoing instrument. I certify that the Signatory personally appeared before me this day, and 1 have personal knowledge of the identity of the Signatory. The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seat, this � day of September, 2013. 1 L1 111--/�' I ►�' 'Sam Lill 1 INote. Notary Publietmmust sign exactly as on notary seal) My Commission Expires: IZ iu wl `b [NOTARY SEAL] (MUST &FULLYLEGIBLE) UCE"Z RECEIVED DCM WILMINGTON, NC AUG 0 8 2014 -ja 1 5 2014 DCM-MHDCITY TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 MRRMdRMRRRMRRMMf1MRRMMRMR11RM1MRNMMH1fRRRRMR/MIMRMMRRMRRR1fNRRMf MMIMRMRM1dMRMRM111RRRMR Flied For Registration: 09/06/2013 04.11:07 PM Book: RE 5767 Page: 2657-2660 Document No.: 2013032601 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $1,950.00 Recorder. CRESWELL,ANDREA State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. DCM WILMINGTGN, NC *20130326.01 * juL 152914 2013032601 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Dan Smith dba JAM Properties 2. LOCATION OF PROJECT SITE: 2309 Middle Sound Loop Road adjacent to Middle Sound and the AIWW, near the City of Wilmington, New Hanover County. Photo Index -2006:22-74271,K,L-15 2000:22-276 J,K,L-15 1995:22-258 J,K,L-6 State Plane Coordinates - X: 2368036 Y: 185565 GPS File: 0-042310A Lat:34°15'13.14"N Long:77°46'55.63"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 07/15/14 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—07/15/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —City Of Wilmington / New Hanover County 2006 Land Classification From LUP — Residential (B) AEC(s) Involved: CW (shading), EW, PTA (C) Water Dependent: Yes (D) Intended se: Private (E) Wastewa ment: Existing — None Planned - None (F) Type of Structures: Existing — Private access pier with fixed platform Planned —Private 2-slip docking facility (G) Estimated Annual Rate of Erosion: Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (shading) 300 sq. ft. (B) Non -Vegetated Wetlands 798 sq. ft. Open Water incorporated (C) Other uplands (D) Total Area Disturbed: 1098 square feet(>0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand the existing pier by constructing a fixed pier extension an installing a floating dock with a boat lift on either side. RECEIVED : AUG 0 8 2014 DCM,M..4DCITY Dan Smith Page Two 9. PROJECT DESCRIPTION The project site consists of a lot located at 2309 Middle Sound Loop Road adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling north on Market Street to Middle Sound Loop Road and turn right. Proceed to the right at the travel circle onto Middle Sound Loop Road and travel east approximately 2.8 miles. The project site will be located on the right side of the road adjacent to Middle Sound. The project site is a vacant lot that measures approximately 115 feet in width by approximately 235 feet in depth. The elevation of the high ground area of the lot averages approximately 15 feet above normal high water (NHW). High ground vegetation on the project site consists of few grasses, native shrubs and trees. The shoreline of the property is natural and slopes from the high ground to a transitional area of wetlands. The wetlands consist of some cattail (Typha spp.) along the shoreline intermixed with Smooth Cord Grass (Spartina alternaflora) water ward of the normal high water level (NHW). The Smooth Cord Grass, on average, is approximately 75 feet in width adjacent to the shoreline and a tidal flat extends beyond the edge of vegetation. This tidal flat extends for approximately 100 feet beyond the grass to a small slough (approximately 6 feet in width) that runs parallel to the shoreline. Approximately250 feet outboard of the natural slough there is additional Smooth Cord Grass present, measuring approximately 50 feet in width. In total, the coastal wetlands and tidal flat measure approximately 475 feet in width from the edge of the high ground to the water ward edge of the coastal wetlands near the AIWW. The AIWW is approximately 575 feet in width in this location. Existing man-made features on the project site consist of two (2) small out buildings and a fixed pier with platform currently under construction. The access pier with a 16 feet wide by 16 feet long L-head platform was authorized by CAMA General Permit #63245D which is due to expire on September 5, 2014. The authorized pier has been constructed with an elevated span over the natural slough. The span will have a minimum of 6 feet of clearance above NHW. CAMA General Permit #63245D does not authorize any formalized boat slips and terminates within the tidal flat. Additionally, a bulkhead along the shoreline was authorized,by CAMA General Permit #63962D. Bulkhead construction has not begun and the permit is due to expire on October 25, 2014. The adjacent properties to the north and south are both residential home sites. The property to the north has a man-made boat basin with docking facility. The property to the south does not currently have a docking facility. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are four (4) known archaeological sites within approximately 0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and Nh284). The waters of the AIWW are classified SA-ORW by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand the existing nicer by constructing a fixed pier extension and installing an f oating dock with a boat lift on either side. As proposed, the applicant would construct a fixed pier extension measuring aniru pproximate y 6 feet in widt by 135 feet in length from the terminal end of the pier currently under construction. The fixed pier extension would be connected via access ramp to a proposed floating dock, measuring approximately 8 feet in width by 20 feet in length. Two (2) 13 feet wide by 13 feet long boatlifts are proposed one on each side of the proposed floating dock. The applicant states that water depths in the location of the proposed pier are approximately -3.5 feet at Normal Low Water (NLW). The proposed floating dock and boat lifts appear- to > as tp al channel setback in this area of the AIWW. As proposed, the floating dock uld provide mooring for two (2) vessels.> proposed the docking facility would have a total length of approximately 535 feet and would exterT�pp�oximately 100 feet into the open water body. The proposed pier extension and docking facility would conform to the quarter width limitation and would maintain the 15 foot riparian corridor setback from both the adjacent properties. Dan Smith Page Three 10. ANTICIPATED IMPACTS As proposed the docking facility would result in the incorporation of approximately 798 square feet of Estuarine Waters AEC and would result in the shading of approximately 300 square feet of Coastal Wetlands. As proposed the docking facility would provide aters approximately -3.5 feet in depth at normal low water. Minor increases in turbidity should be expected during construction. The proposed docking facility would not encroach into either adjacent riparian property owner setbacks. As proposed, it appears the docking facility would not exceed the quarter width of the water body limitation nor encroach into the federal channel setback. Submitted by: Holley Snider Date: July 17, 2014 Office: Wilmington RECEIVED AUG 0 8 2014 DCM-MHD CITY Narrative Daniel Smith 2309 Middle Sound loop road Wilmington NC 28411 Agent: Mark clements 112 Circle drive Hampstead NC 28443 910-620-9505 Project: Request.for dock extension. We are proposing to extend our current dock by 135' into the AlCW. We also would like to propose to install an 8'x20' floating dock and two boat lifts in this area. Currently our dock is limited to canoe travel only and we wish to be able to have a place to keep our new boats at this time. We will follow all CAMA set back rules, and hope that you will grant us permission to proceed with this construction. Our current dock is 400' long and we have been told thru the Wilmington DENR that a major permit has to be applied for to get us out to the area that will best suit our needs. Thank you for your help and understanding is this project. Please feel free to contact me with any concerns you may have in this matter. Best Regards, d RECEIVED DCM WILMINGTON, NC J U N 2 5 2014 APPLICATION for Major Dovelopment Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Last Name Applicant 1: First Name MI smith Dan Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Bar City State 1255 great oak drive Wilmington nc ZIP Country Phone No. FAX No. 28405 new hanover. 910-200-3454 ext. Street Address ()f different from above) --[City State ZIP 2309 middle sound loop road Wilmington NC 28411- Email dan@shp2.com 2. Agent/Contractor lnformadon Business Name Clements Marine Construction Inc,. RECEIVk Agent/ Contractor 1: First Name MI Last Name Mark H Clements AUG 0 8 201 Agent/ Contractor 2: First Name MI Last Name DCM MND Mailing Address PO Box Cily State 112 Circle Drive Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910-620-9110 wd. 910-270-9110 ext. FAX No. Contractors some Street Address (if different from above) City State ZIP Email cfementsmadneco@bellsouth.net DCM WILMINGTON, NC <Form continues on back> IUN 2 5 2014 -.3 _... . ,, ,,- .. ._ - uit I n a•`l e m q n l.,ng'. Form DCM MP-1 (Page 3 of 5) APPLICATION lot Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # new hanover 2309 middle sound loop road US HWY 17 Subdivision Name State Zip middle sound [wilminq�ton NC 28411 - Phone No. No. (a) (if many, attach additional page with list) 910 - 620 - 9505 ext. a. In which NC river basin is theproject located?ame #b. of body o�flwatjer nearest to prroposed project CpiQ�-ear ICW hzrdd le- Is the water body identfied in (b) above, natural or manmme ✓vL"1C:c. a closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown ICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. new hanovercc 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 116, 27025 sq.ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 115'x235', NWL (normal water level) (If many lot sizes, please attach additional page with a list) 15, ®NHW or ❑NWL e. Vegetation on tract I grass some oak trees f. Man-made features and uses now on tract private home and pier g. Identify and describe the existing land uses adiacent to the proposed project site. private residential homes h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? r-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JUL 0 6 2014 �'r2-SOtf ••20rf ,. .. 9-f3 tt2•. c3 E: +; r,'s A OT .. tr✓uv;;v.e;rccaas4<=9aaa to as cn cl sa to°aoFs;.en s��. Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? lea ®No (it) Are there coastal wetlands on the ske? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. county o. Describe existing drinking water supply source. rbunry p. Describe existing storm water management or treatment systems. We ela6e— w 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To add to the current dock for boating access and will be used for private docking. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. The current dock has no access to the icw and is limited to small boat access at high tide. we wish to exstend the current dock to the icw for better boating access for this dock. no equipment is stored on site, a barge is required for installing pilings and hand tools will be used to complete the application. d. List all development activities you propose. To install 135' x 6' wide pier and install an 8'x20' floating dock with a boat lift on each side. Also a 3'xl6' gangway is required to access the floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? JoSq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff AUG 0 8 201 I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ONo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ❑NA If yes, attach a mitigation proposal. <Form continues on back> e=iL:CEIVED OCM WILMINGTON, NC __,, "J I b;4 p P e.'.J c.6':?g�",:: L.. Form DCM MP-1 (Page 5 of 5) APPLICATION for' Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted In order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? if previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Elizabeth Cameron Phone No. Address 3206 shiloh rd Willard NC 28478 Name ERY Kehaya Phone No. Address 2307 Middle sound loop rd Wilmington NC 28411 Name Phone No. Address g. A list of previous state or federal perils issued for work on the project tract Include permit numbers, permidee, and issuing dates. gp 63245D cp 0%7-T) h. Signed consultant or agent authorization for, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful the best of my knowledge. Date 6/2/2014 Print Name Mark Clements Signature Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 232.808-280B .. 1-888.41RCP.d.ST .. vvww.nccsa4s;alrr;znagamen:.net a Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this forth to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublidGovemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (III) Length 135' (iv) Width 6' (v) Floating []Yes ONO e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 1 {iii Length 20' �(iv) h 8' tvf, Flo ling ®Yes ONO Note: oofed areas are calculated from dripline dimensions. ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ONO d. (i) Are Finger Piers included? ❑Yes ONO If yes: (ii) Number (iii) Length IN) Width (v) Floating ❑Yes ONO f. (i) Are Boatlifts included? ®Yes []No If yes: (ii) Number 2 (iii) Length 13 (iv) Width 13 J(i)Numbeof slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel tit and/or rail, repair or of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips') only, number of slips: 2 ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? [--]Yes ONO (n) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed RECEIVED AUG 0 S ?W4 DCM M'.iDC'•TY I. (1) Will the facility be open to the general public? ❑Yes ENO RECEIVED DCM WILMINCTON, NC JUN 2 5 2014 $ OrM '`)CM VRr- ? (:3 rttti&ores, Pq pp ?. of 4) 2. DOCKING FACILITYWARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ 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. (1) Give the location and number of 'No Sewage Discharge' signs proposed. (it) Give the location and number of'Pumpout Available° signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. I. Give the number of channel markers and 'No Wake" signs proposed. 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? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the madnaldocking facility proposed within a primary or secondary nursery area? []Yes ❑No E EC E I V E DCM WILMINGTON, NC JUN 252014 252.308.2808 :: 4.8n8-dr`fCOAS T :: vvvw_nccLastalmaralet revised: 12/27108 I n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yea ONO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaidocking facility located within or within dose proximity to any shellfish leases? Oyes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) is the boathouse structure(s): ❑Commercal ❑Public(Govemment ❑Pdvate/Community (ii) Number (III) Length (iv) Width _ NbM: Roofed areas are calculated from dnpline dimensions. 14. GROIN (e.g., wood, sheelplle, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (q Number _ (III Length _ (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NM, NWL, or wetlands 6. MOORING PILINGS and BUOYS 0This section not applicable a. Is the structure(s): ❑Commercial ❑Publio/Govemment ❑Private/Community, C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED AUG 0 8 2 DCbdvi.HD terry RECEIVED DCM WILMINGTON, NC J U N 2 5 2014 .revised: y2;7'%'O6 Fwnli r3CIV7 NN off. (Structures, Pago -^. cf 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. over 200' each direction over 200' each side Note: For buoy ormooring piling, use arc of swing including length of vessel. c. Width of water body 572.62' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be Implemented. d. Water depth at waterward end of structure at NLW or NWL 3.5' nlw 18. OTHER El This section not applicable a. Give complete description: To exstend current dock out 135' and install an 87Q0 floating dock. Also install two boat lifts, one on each side of the floating dock. 6/2/2014 Date Dan Smith Project Name mark clements Applicant Name- Applicant Signa RECEIVED DCM WILMINGTON, NC JUN252014 1.52.8r1G•2848 :: '1-886.4RCC>AST :: vovu.tncCoas`.aimanagP_n_3cnRa! t revised: 12/27i06 4-TeK/ 607,1, S. 'Tv n04 oink— �I 1 I_ nct. }�Awa rn` ���� CAmera n N �.-- al fl AUG U 8 2MA DCM WILMINGTON, NC JUL o 8 2014 - 1 -- —1.' — 1 -- d — — �A �5 RECEIVE® DCM WILMINGTON, NC JUN 252014 Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie. D.Smith@usace.army.mil] Sent: Tuesday, August 26, 2014 8:28 AM To: Howell, Jonathan Cc: Snider, Holley Subject: Dan Smith, 2309 Middle Sound Loop Road Dock (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Below are the conditions from the Corps: 1. 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. 2. Dredging is not authorized. 3. This permit does not authorize habitable structures or any structure or associated facility for non -water related use. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 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 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. 7. 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. 8. 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. 9. 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- i 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. 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. 11. 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. 12. 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. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to'soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. A hard copy will be sent by mail. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. 7 Classification: UNCLASSIFIED Caveats: NONE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF'. August 28, 2014 Regulatory Division Action ID No. SAW-2014-01316 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. Dan Smith to construct a pier and docking facility at 2309 Middle Sound Loop 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. 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. 2. Dredging is not authorized. 3. This permit does not authorize habitable structures or any structure or associated facility for non -water related use. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. RECEIVED SEP 0 2 2014 I)CM-MHDCITY -2- 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 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. 7. 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. 8. 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. 9. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. 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. 11. 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. 12. The permittee shall require its contractors and/or agents to comply withMe tM conditions of this permit in the construction and maintenance of this project, and shall provide SEP p 2 2014 I)CM-M.Mc1TY -3- 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. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4829. Sin C;4 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 �� itEC&IVCp SEP 0 2 2014 DCM-MnCITY l 11 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 219 Fort Johnson Road Charleston, South Carolina 29412-9110 -4- Mr. Todd Allen Bowers USEPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEWED SEP p 2 2014 DCM-MHDCrrY It U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-01316 County: New Hanover CAMA Permit #: 84-14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Dan Smith 3+ `f/ 1255 Great Oak Drive t Wilmineton, North Carolina 28405 Telephone Number: Size (acres) N/A Nearest Town Wilmineton Nearest Waterway AIWW River Basin White Oak USGS HUC 03030001 Coordinates Latitude: 34.25356 Longitude:-77.78221 Location description: The protect area is adiacent to the AIW W and is located at 2309 Middle Sound Loop Road. in Wilmineton. New Hanover, North Carolina. of projects area and activity: This verification authorizes the construction of a docking facility, 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 June 2. 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. 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.sm itb(a) usace.a rmv. mil Corps Regulatory Official: Ronnie Smith Date: October 7.2014 Expiration Date of Verification: December 31, 2016 RECEIVED OU 0 9 2014 DCM-MHD CITY i SAW-2014-01316 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 (C WA)(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 Atlantic Intracoastal Waterway (AIWW) is subject to the ebb and Bow of the tide and exhibits a mean high water line as indicated by a change in vegetation type. The AIW W 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: RECEIVED US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 OCT 0 9 1014 DCM-MHD CITY 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 2 SAW-2014-01316 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 3, 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: Ronnie Smith Date of JD: October 7, 2014 Expiration Date of JD: October 7, 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 http://regulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished with Enclosures: Mr. Mark Clements Clements Marine Construction 112 Circle Drive Hampstead, North Carolina 28443 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. Holly Snider North Carolina Department of RECEIVED Environment and Natural Resources Division of Coastal Management OCT 0 8 1m4 400 Commerce Avenue DCM-MHD CP Morehead City, North Carolina 28557-3421 Ms. Joanne Steenhuis sAw-2014-01316 North Carolina Department of 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 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 4 RECEIVED OCT 0 9 2014 DCM-MHD CITY