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HomeMy WebLinkAbout74-14 Peyton, Robert"""" ` dbb Permit Number NEW 74-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission trint"t �opY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert B. Peyton, 8309 Society Place, Raleigh, NC 27615 Authorizing development in New Hanover County at AIWW. 8038 Bald Eagle Lane. Wilmington , as requested in the permittee's application dated 5/15/14_ including the attached workolan drawings (6) all dated 5/16/14 This permit, issued on Se temher 2 ' 2614 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void_ Docking Facility 1) Unless specifically altered herein, this permit authorizes the dock and boatlift 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. aECENED (See attached sheets for Additional Conditions) OCT Of 211M4 This permit action may be appealed by the permittee or Signed by the authority of the Secretary o and the .. yuu....w pc.wua w,uuu twomy tLu) uays or me 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 hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. /i�Le�raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Robert B. Peyton Permit #74-14 Page 2 of 3 ADDITIONAL CONDITIONS 3) T er and associated structures shall have a minimum setback distance of 15 feet between any parts efthRIcture and the adjacent property owner's riparian access corridor. 4)n of the authorized docking facility shall exceed the established pier head line. 5) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may. be caused from existing or future operations undertaken by the United States in the public interest. 9) 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. 10) This permit authorizes 1 additional boatslip for a total of 3 formalized boatslips associated with this docking facility. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal, or alteration. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hm://www.fws.Rov/nc- es/mwnmal/manatee euidelines.odf. 13) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. Robert B. Peyton Permit #74-14 Page 3 of 3 ADDITIONAL CONDITIONS 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0599. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01103 which was issued on 6/23/14. RECEIVED OCT 0 61014 DCMav1MDCW 0 Permit Class Permit Number NEW 74-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in ap Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert B. Peyton, 8309 Society Place, Raleigh, NC 27615 Authorizing development in New Hanover County at .AIWW, 8038 Bald Eagle Lane, Wilmington as re4uested in the permittee's application dated 5/15/14 including the attached workplan drawings (6) all dated 5/16/14 This permit, issued on September 2014 --- , , is subject to compliance with the application (where consistent With the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these terms may be subject to tines, 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 dock and boatlift 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) ims 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 hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. a �� .� � ✓ (p a ��M�c. --QBraxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert B. Peyton Permit #74-1+4 Page 2 of 3 ADDITIONAL CONDITIONS 3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 4) No portion of the authorized docking facility shall exceed the established pier head line. 5) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 6), No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. r. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. i ' 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. _. 9) 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 s inclement weather. 10) This permit authorizes 1 additional boatslip for a total of 3 formalized boatslips associated with this docking facility. General 11) 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 v unreasonable obstruction to -free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee guidelines pdf. 13) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. Robert B. Peyton Permit #74-14 Page 3 of 3 ADDITIONAL CONDITIONS 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 'NOTE: This permit does not eliminate the need to. obtainany additional state, federal or local permits, approvals or authorizations that maybe required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0599. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-01103 which was issued on 6/23/14. acm MP-1 APPLICATION for Major Development Permit (last revised 12)27106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name -- ro;ecl Name (if acp!tcabie) I Applicant t: Frs: Name MI �rLas: Name Applicant 2 First Narr MI I Last NameJ � � - !f addrNori applicantspease attach an addlriunal page,'sf with names b4ed. i Marring Address _-- ---�— 630q 50c« ?!ltzd PO Box — State /!1 ZIP .r y J�9 Pnr-e No/y_'1.— � - ! y • FAX No. Street Address (rf dil(eren( from above) City State ZIP I 2. Agent/Contractor Information Busyness NamNama /' �-- ---- - Agents Contractor 1: Firs! ;name!Last Name r Agent, Contractor 2. Firs: Name it MI 11 Last Na e ' Mailing Address-----------�—�—APO Bo , C•ty Sts^e �sI/&. = --- �- — - - — - --- --- — �Ip 3� l No 1 L_P7one ti 2 ac -3� L e,, , FAX No Street Address ( I different fom above) �— -- DCM W ItMINGTON, NC i ,r-�.-1-v�--n—.nfL--- J U� Emaft Q - C.ye m;414C�1 ----- --6 ---- RECEIVED <Form continues on back> DCM WILMINGTON, NC 0 221014 Form DCM MP-1 (Page 2 of 4) nrrux.n nv!� w! Major Development Permit � 3. Project Location j Coonty, (can 6 It pie) I Street Address ,J., Sls:e Rd. # lL: (/�1Yjl�, Sut ikon Name Ci y I State Zip Phone Lot No IS);!`many, attach addrtlona! pare wilt Ls!) ext. -----j • a. In which NC river basin is th.Q project located? ' b. Name of body of water nearest to proposed project c. Is th water body identified in (o) above, natural or manmade? d N ,•e the closest major water body to the pcposed project site. atural []Manmade ❑Unknown _-_-_t-e-C.� e. Is pr osetl work within city limits or planning jurisdiction? f L` applicable, list the planning junsdic!ion or city limit the proposed es ONO wcra !ells within. Description — _.— ---_—-_----- —_ 4. Site a, Total length of shore:ine on the tract (it J , O S.ze of entire tract (sg.ft.) oa L c. Size of individual Iot(s) 01 5 -- I d Approxima!e elevation of tract a ve NHN! (normal high water) or N4V, (nor -al water revel) r 5 „�� ` r Y ❑NRW or NWL (if many lot sizes, please attach additional page with a list) e. Vegetation on tract N►n-4,1 4%ran I. ,Man-made features and uses now on tract g. Identify and describe :he existing land uses ad:acent to the Pfc QOSed prefect site. L lip T h. How does local government zone the tract? I i_ Is the posed project consistent wish the applicable zoning (Att .• zoning compliance certificate, if appli able) l r r 1 Yes ONO ❑NA — j. Is the proposed activity pat of an urban waterfront redevelopment proposal? _ LL 'o— k. Has a professional archaeotogicat assessment been done for the Lact7 It yes. attach a copy. Oyes o ❑� A ll --11 i I ! If yes, by whom I I. Is the proposed project located in a National Registered Histord District or deer it involve a Yes o ❑NA National Register listed or eligible yioparny RECEIVED JrrEoriq' ulirues on next page> DCM WILMINGTON, NC JUN r) 2 120i4 /Major Development Permit m. (I) Are there wetlands on the site? Y ❑No - (if) Are there coastal wetlands on the site? es ❑N (iii) If yes to either (i) or (R) above, has a delineation been conducted? Oyes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. �Kitl) 0401 o. Despnb�e e/xiisting drinking water supply source. WG%!i I i rp. Describe existin torm water management or treatment systems. j S. Activities and Impacts a:- wit prbjecir be for abmmercial public. or private-usen - - C rnerciaf ❑PublirlGovernment 1 rivaterLe.erwaw/ b. Give a brief de scn o� of purpose, use, and daily ocera;:ons of the project when complete. 41�, l c. Describe the proposed construction methodologytypes of construction eaupment to be used during construction, the number of each type of pment and where it is to be stared. C,,A�ST iilnl ilN! {�ve,' Gc�Lrli�. b �;2 ALI J7L7ts oa S/I?gt I J J I I d. List all development activities you propose - - �� poll AKA 3 hve;tO L- N6 aA. _ e. Are the proposed activnies maintenance of an existing project, new work, or both f. What is the approximate total disturbed land area resulting from the proposed project? U ❑sq.Fl or OAcres g. Will the proposed project encroach on any public easement, public accessway or other area OYes QNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ON ❑NA j: it there any mitigation proposed - IOyes b ONA - If yes, attach a mitigation proposal _ J 7�GEIVED" _ JUN 17 2014 DCM MHD CITY <Form continues on back> RECEIVED DCM WILMINGTON, NC --- — -- -- t , J 0 2 r1614 Major Development Permit 6. Additional Information I In addition to this completed application form, (MP• t) 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 ma/or development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate.dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish 'roerwee�i•wdr� carn{nbclu•art�proposeu. 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 (�6lrt+`i l�f �� Phone No. l`b : �36• C9��f� Address /�k.'11rIlrT�l31)"> LeYl i Name �/�,L�L„�y,/ //,�.�y.�r,( /� ��y I , r�,� / y�{/ Phone No. ty Address �r►�4 ir�/rv/tr 41✓n� . (✓:�lil1 �L Zd �i) Name _--_e—� Phone No Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permitiee. and Ssaing dates. I Signed igned consultant or agent authorization form, if applicable. Welland elland delineation, if necessary. i A clncl AFC ha,am nnnrn fir nmi.ri, :n nrn-�. f-- . n_ _I �k. A statement of compliance with the N.C. Envifonmentai Policy Act (N,C -G S. 113A 1 10)sf necessary If the project invoives expenditure of pubic funds or use of public lands. attach a slatement documenting compliance With the North Carolina Evuonmentat Policy Act. 7 Certification and Permission to Enter on Land — I understand that any permit issued in response to this application will allow only the development described to the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands. in connection with evaluating information related to this permit application and follow-up . monitoring of the project. - - I further certify that the information provided in this application is truthful to the best of my knowledge Date %�y Print Name 8"d�/Vi� Signature & � '1 H O—; Please indicate application attachments pertaining toyourproposed project 4MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts MP-3 Upland Development RECEIVED DCM MP-4 Structures Information DCM WILMINGTON, NC JUO 0 2 2014 JUN 17 2014 bCM•3�4tTJC"CY 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 CHA RACTERISTICS a. Ill Is the docking facility/manna. ❑Commercial QPublic/Government c. (I)Dock(s)and/or p/ier(s) (0) Number / (iii) Length X `1 (iv) Width rJ (v) Floating es ONO e. (i) Are Platforms included? ❑Yes No If yes Y (ii) Number / (ui) Length (iv) Width _ (v) Floating ❑Yes ❑No Afore. Roofed areas are calculated from dnphne dimensions. g. (1) Nurfiber of slips proposed *> ((r3 (Aromol (it) Number of slips existing I. Check the proposed type of siting: ❑ La d cut and 'access channel V❑ n water. dredging for basin and/or channel open water: no dredging required ❑Other, please ails nbe. k. Typical boat length. 4;9 1 ) m. (i) Will the fa dy have tie pilings? ❑Yes o (it) If yes number of tie pilings? d ❑This section not applica, (1) Will the facile be open to the general public ❑Yes 0 (I) Are Finger Piers includetl° ❑Yes 1Y4' If yes. (ti) Number 1 N' (iri) Length _ (iv) Width _ (v) Floating ❑Yes ONO (q Are 9oaditts inctudetl? Yes ONO II yes: (it) Number pn) Lengtn, (w) Width ems" h. Check all the types of services to be provided. ❑ Full serviceincluding travel lift and/or rail, repair or maintenance service Q Dockage, fuel, and manne supplies Q Dockage (-we( slips-) only. number of slips: Q Dr storage. number of boats _ ❑ at ramp(s): number of boat ramps. _ Other, please describe: I Describe me typical boats tube served (e.g, open runabout. cnarter boats. sail) bbooats, mixed types). --FY`v t26lYi /r ��ri'J V 1 (0 Will the face lyl en to the general public? a QYes j RECEIVED f DCM WILMINGTON, NC JUN 17 2014 JUd 0 2 ' 014 rlrxw.isn++ nT+ l2_DOCKING FACILITY/MARINA OPERATIONS / z ft I�Wthis section not applicable r 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 pumpoul Give type and location. b. Describe treatment type and disposal location for ail sanitary wastewater. C. Describe the disposal of solid waste. fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location ano number of 'No Sewage Discharge signs proposed. (ii) Give the location and number of'Pumpout Avalla ie- 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 oh h Give the number of channei markers and 'No Wake signs orwrseo ,. Give the location of fuel-handlmg facilities. and describe the safety measures planned to protect area water quality. What rill be the marina policy on overnight ano live -aboard dockage? k. Describe design measures that promote boat basin flushing? i It this prolecr is an expansion of an existing marina. what types of services are currently provided7 RECEIVED --- IifiCEM JUN p 2 2014 DCM•MHD Cff y m. is the marnwdocxing facilely propose•; w:!Mn a primary or secondary nursery area? QYes []No n. Is me mannaidock:ng facility proposed within or adjacent to ary sneliGsh harvesting a.,W `:Yes []No Is the mannaldocking facility proposed within or adjacem to coastal welandsrmarsh (CW?. suomeged aouaac vegetation (SAV). shei::y,hom (SS), or other wetlands (WL)l If any boxes are checked pro•nde the number of square feet aflec:ed. ❑CW ❑SAV__— ❑Vv'l None p Is the pr000sed manta/do::Kmg ,fac:11!y located within or within ciose prwim !v to any shellfisn leases.? JYes (jNo It yes, give the name and address of the !easehofder(s), and giae the proxvriity *!he lease 3. BOATHOUSE (including covered lifts) section not aeplicab, a. (:) Is the boathouse structures) ❑Commerc:ai ❑Publ,c/Governrnen: ❑PnvatelCommunity Nur -nfed areas are all a C ,;:: +mcn :; ra 4. GROIN !e g wood, snee,cde etc it auk groin, use AX3-2• Excacaacn any I ' I Tnrs Secu'r. not apphcabr 5_ BREAKWATER (e.g._ wcoo_ sneefl;de e.'c, se Chen not applicac: a _ _ _ _ — - -- nano:b c ..e•a?e as!an_g a.:- r.ef:, - _-rnrs r;•ra. rr •.venards c Maximum dstance beyond NHVJ. NWT or •wf::an::5 6. MOORING PILINGS and BUOYS If VThis section not applicabl u Is Ine strucwre(s). ❑Comme¢ial []Pub::wGcyerrmeh! OPnva!erCommun:y .. Distance to oe p:aced beyond snwearR _— ke!e. Tors s^ould be measured Porn onm 3h edVe, J;aesen; e. 4r^ O the s,v,ng __-,- [2ECOVED JUN 17 2014 b. Number C C•esc:,ptaN :-f b,oy (color r:iscr.p:. u:,, size. a•,; :nr. e:: RECEIVED DCM WILMINGTON, NC Jl.>bI 0 2 ';01h DCM -mcffy 7. GENERAL a. Pro>um�strufj1 Lf PiSt ro adjacent rpanan progeny ones Porte For buoy or mx6 ng prpng use auolawmy .nc/We•g ter y;n of vessel c 4}Yrdt�h�of water Cody e tq W.11 nwIlgai alr-�t?ids ne reg,,re7 as a •e;W o! fne gr;!»c•� Elves c L�NA ,u; If yes, erp,a,n what type and now t^ev wig be :n,0emenien C Prortmrty Of S[n.cturot5110 aCfa.er[ aOCKlny factl,lws L�7n/ s %Na•er a•u!' di aanterward end it str..n:.re a! NL W o; NWt �"-riZ` NCttiI 8. OTHER ----- -- ------------------------ C. r•s se:non net aptu.�atfbl e Gne co ^Getu aesrprur - -- Air D dFs-- ���1f_c mate Prniert Name P MVED JUN 17 2014 RECEIVED DCM WILMINGTON, NC Juo 0 2 2014 DC!kf:1;rnJC"iY Iti anaront lNZRACOASrA[ IPAtERWAI { CAMN MAa pan _ I \ � K'rBrF rsa� I I aw eaw pL f— Rp,�l� P-79s xGwn3270p._,c I \ � eu w+�l cw It�l rtMltri' _ �� :tom �/� i0Y'NM 0/ M4 YI q W .F IL4G4 MIIARP Gfl'Y "fJ') � : i0,411F ca'.' 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NORTH CAROUNA u , uc>Tt4e Awe01 Are SM F -e OCTOSER 18. 2012 SEALlrfi OFED BOOK 5459 PACL 113E _ MAP BOOK 5 PAGE 45 ` . anus, ur:s patnoe Po o-:e+1'.,iLjHFJA GRAPHIC SCALP; CAPE BEAR SU YING. PG �m'Q;rrvsE." ONE NGRTU OEh 5'F., 'aR,M1NGTON. INC 26401 opt 31GLvFlY$j. -, --T-- �� �r^-w•^'- -1 (910) 702-90 FAX= (910y TOR-59A9 �P�'_ 49 i1puL asPrhorAv�Ln4�lr�Pw.eem , :m r en n 2014 DCM WILMINGTON, NC JUO 0 2 2014 >±cv-voncrrY PILING I i10' (TYPICAL)• _ FLOATING M I DOCK I I ' � W r>I i �I RAW I N I 1. S T A K (' SEJKgI 1 J. I � I i i � I I do Gk /,Ls chi ial ------------------- I I i � I ' I I I I I 80' SETBACK LINE FRO I � I I I I I � I I J I VATERBODY SETBACK L Icn � � I I (M I I _ � I I , I I �0 115' SETBACK s r A SOUNDINGS I �' I- TO CO I I I I I Li I I =off r------1-- cm — w I I I a I RECEIVED [)�M WILMINGTON, NC w I RECEIVED I I JUd 0 2 ':0?4 ML ML o * /s/119y ivH DCM•MMMY I I i viF I I JoITT ♦1 -�•� � � � .. 1 y .r i 1 � � 1 /�' vst'.� I I I i i I lq 80' SETBACK LINE FR it i I i uATERBODY SETBACK Ir/UYI• � .-i bnrYf(-iFf (; AA4 .�� M I2 F AI I A'K '" - A'K I SOUNDINGS cu TO C U I I ! w 1 V I W 3 RECETVEII I y..'`e �' C D V E D xv WILMINGTON, NC JUN 17 2014 I I I JUN 0 ,2.014 i I DCM•MHD CITY MLW-----`rMLW—f I C� I � I I I I I I 3A o -Jr.23' "' 1 co I It It6 N W s I q6 c�Te�. U) ]IP V 99.91' (TIE LINE) 62 I � — — — SK I � u On LOT 12 ... AREA ABOVE MHV 0.55 Acres i \ I s . A' STAKE FOUND STAKE FOUND _ LABELED POOL SETBACK LABELED POOL SETBACK S;¢ STAKE ➢ STAKE FOUND LABELED HOUSE SETBACK JUN 17 2014 LABELED HOUSE SETBACK L I Dckfmn CITY Q NI 0 M N co O 0 rn N VOOD BULKHEAD I r<� F I oIke y�F� jo (>I �s,>l ply -;ECEIVED CO WILMINGTON, NG� r- \ 13 Jud 0 2 ;n?4 ,�tyJt'►U ��17m 0039 gi✓%l Eh"L1fil� I htlt5![M'/ NL ,;z6yd N Y 1�5 n6 F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKE! Piers, Floating Docks. Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-306 Wrightsville Beach, NC 28480 email: efly®msn.cor > RECEIVED DCM WILMINGTON, NC RKTM JUIJ 0 22,014 JUN 17 2014 DCM•Mmay r/z��/� N-n {3G3B L^g' It/dAi ` Zsvt! Fri$ Madee Contraetora, lee. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, ilPilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efty0msn.com fill — --- -- i ,I dT cs C M m z R! < �7f� o m 0 C) �C® HM "North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 4, 2014 Robert Peyton 8309 Society Place Raleigh, N.C. 27615 Dear Sir or Madam: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by 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, d Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: (252) 808-2808 \ Internet: httu://i)ortal.nedeur.ora/web/cm/ An Equal Opportunity lAffirmative Action Employer— Made in part by recycled paper BDCM Coordinator: Permit #: %11- / r MAI LII[NG DISTRIBUTION SHEET Agents: 1DCM ]Field Offices Elizabeth City Morehead City s Washington t M S W' ngton (with revised work plan drawings) US ACO E Offices: Washington: Raleigh Bland Wilmington: e mr Cultural Resources: Renee Gledhill -Early or (en onment review@ncdcr. ) Public Water Supply: ane Williams (WIR0 Joey White (' A NC DOT: en Pac Shellfish Sanitation: P i Fowler State Property: T' Walton i Water Resources: aren Higgins Ralei Jo ennessy (NC DOT) Washington: ony Scarborou f-- Wilmington: Joanne Stee —401 Qhila Coburn - 401 — tormwater Wildlife Resources: M is unn ( )— LP®: Fax Distribution: Permitee #: Agent #:_ F & S Marine Contractors; Inc. A Box B6B Capf.. Ed Flynn Wrightsville Beach, N'C. 2B480 Durwood Sykes Phone/Fax 940-256-3062 email:efly@msn.com AUG 2-9,2014 PbL,X� m9 empletetltem%11 2� anti 3 +Also complete ' ya algn re. @sPoeroniGt4at'%IfiReeasatrnicertaimth,,llmeatdndaDnceeil,lvp&eeryrm+s tosdne, tshlreetJ. vee ;ou' ! 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DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Peyton c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 8038 Bald Eagle Lane adjacent to the AIWW and Middle Sound in Wilmington, New Hanover County. Photo Index — 2006: 22-7429 M-12 2000: 22-278 N-13 1995: 22-261 M-15 State Plane Coordinates - X: 2375766 Y: 195792 GPS —O 061010A (uncorrected) Lat:34°16'52.24"N Long:77°45'23.37"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/10/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received — 6/2/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned -N/A (F) Type of Structures: Existing- Private pier with gazebo and floating dock. RECEfVED Planned- Replace existing floating dock and add a boat- (G) Estimated Annual Rate of Erosion: N/A JUN ] 7 2014 7. HABITAT DESCRIPTION: (AREA] PCgt.�*,??DC!1S' DREDGED FIIIFn OTHFR' (A) Vegetated Wetlands (§404) Non -Vegetated Wetlands (Open 436 sq. ft Water) (incorporated) (C) Other- Highground disturbance (D) Total Area Disturbed: 436 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to replace the existing floating dock and add a boatlift which would expand the existing private docking facility to three (3) slips in the AIWW/Middle Sound. Robert Peyton Page 2 PROJECT DESCRIPTION The project site is located at 8038 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the round -about, turn onto Bald Eagle Lane and travel approximately 0.45 miles until you reach the property of interest on the left. Existing structures on the project site, which is a vacant lot, include a private docking facility. The project site is approximately 0.55 acres and is vegetated primarily with domestic grasses and live oaks. The project site has approximately 108 feet of shoreline frontage along the AIWW/Middle Sound. The property slopes down from high ground to a narrow band of (approximately 6 ft.) of high marsh, consisting primarily of Salt Meadow Grass (Spartina Patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium sp.) and Glasswort (Salicomia sp.). This area transitions to low marsh consisting primarily of Salt Marsh Cordgrass (Spartina Alterniflora). The Normal High Water Line (NHW) is approximately 9 ft. waterward of the beginning of the existing pier and there is an approximately 74 ft. wide ban of Coastal Wetlands shaded by the existing pier (See sheet 1 of 6). The existing docking facility consists of an existing access pier that extends into the AIWW/Middle Sound measuring approximately 167 ft. in length by 6 ft. in width which terminates into a covered fixed "L-head" gazebo platform measuring approximately 16 ft. in length by 16 ft. in width. An access ramp leads from the platform onto a floating dock, measuring approximately 16 ft. in length by 8 ft. in width, which runs perpendicular to the shoreline. CAMA General Permit #60790D was issued to the previous property owner on December 5, 2012 which authorized the existing docking facility. The existing docking facility currently accommodates up to two (2) vessels (See sheet 2 of 6). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Resources. They are NOT designated as a Primary Nursery Area (PN/1 1r 98g## b Division of Marine Fisheries and they are OPEN to the harvest of shellfish. JUN 17 2014 PROPOSED PROJECT t The applicant proposes to replace the existing floating dock, which currently extends aprgev7"yt4ft. into the USACE 80- Foot setback, with a new floating dock and install a boatlift expanding the existng pnvate docking facility to three (3) slips. The applicant states that the existing floating dock would be replaced with a new floating dock measuring approximately 24 ft. in length by 10 ft. in width which would be parallel to the shoreline. A new boatlift measuring approximately 14 ft. in length by 14 ft. in width would extend eastward along the southern side of the new floating dock. According to the applicant the proposed new docking configuration would provide docking space for up to three (3) vessels within existing water depths ranging from approximately -2.0 ft. to -3.0 ft. at normal low water (NLW) (See sheet 5 and 6 of 6). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 436 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking facility. According to the application, the proposed structure would extend approximately 124 ft. into the waterbody, which measures approximately 505 ft. across. This distance would conform to both the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the USACE 80-foot setback or into either adjacent 15' Riparian Corridor Setback Area. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: June 11, 2014 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robert Peyton PROJECT NAME: Peyton Docking Facility COUNTY: New Hanover LOCATION OF PROJECT: 8038 Bald Eagle lane, adjacent to the AIWW and Middle Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-2-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson n DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 6-13-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 6-11-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: 75 END OF NOTICE DATE: 6-28-14 DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: 6-28-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON �yRECEIVED AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO S DCM•MHD ('1T` Coastal Management - Regional Representative 6 -11- I Coastal Management - LUP Consistency 9' n'-M Division of Community Assistance Land Quality Section (DEMLR) V/ Division of Water Resources (401) Storm Water Management (DEMLR) 6 2 6- ► y ✓ State Property Office Division of Archives & History 6-rk-/ tl Division of Environmental Health 7-2 -13 Division of Highways b - zs- l N ✓ Wildlife Resources Commission 30- fit{ V/ Local Permit Office - /y Division of Marine Fisheries / DCM Corps of Engineers 6 %S 14 L7 - Qt--�S b ;L0-14 v North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Robert Peyton 8309 Society Place Raleigh NC 27615 Subject Property: Dear Mr. Peyton, John E. Skvada, III Secretary June 26, 2014 DWQ Project # 14-0599 New Hanover County 8308 Bald Eagle Lane — Wilmington NO WRITTEN CONCURRENCE NEEDED You have our approval, in accordance with the attached conditions to expand an existing private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on June 12, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at http://vortal.ncdenr.org/web/w A/swv/ws/40 I /certsandnemuts. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. ina 1617 Mail Ri Phone: 9 9 707-86001 Internet: www.nodenr.gov -1601 � � 5 � ' An Equal opportunity 1 Aifirmaave Action Employer- Made in pad by recycled p4ar L Robert Peyton New Hanover County 2014-0599 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 Pemut. 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. Enclosures: GC3883 Certificate of Completion Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR L 1 . 10(-V-Wmrrr cc: Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868 Wrightsville Beach, NC 28480 Ronnie Smith — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Jonathan Howell — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO 1 DWR Project No.: Applicant: Project Name: Certification of Completion 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 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: % Registration No. Date l s11-n i Gls1� a, iw u�c.p"u���rJ� trI RECEM ia 15 7P14 I WE�IJM MA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 11, 2014 Division of Coastal Management MEMORANDUM: TO: Jessi Baker Fisheries Resource Specialist Division of Coastal Management FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED tdiJ1 DATE �I IjLi JRECEM UN 17 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 t Phone:910-796.7215\ FAX: 910.395.3964Internet: www riccoastalmanaoement.net DCM-MHI)M An Equal Oppodurptyl Aflinnative Action Emp dyer RECEIVED JUN f 9 2014 .�'++ �, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11, 2014 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard LPO New Hanover County John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agen objects to the project for reasons descrribed/ in the attached comments. SIGNED RSCEiYED JUL 4 7 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DCM-WEI CITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11. 2014 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant Tim Walton Dept of Administration State Property Office RECEIVED JUN 12 M4 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY yea Y ; 1A Th gency has no objection to the project as proposed. Z 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 R>;OEI w 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanaciement.net JUL 0 7 2014 An Equal Opportunity \ Affirmative Action Employer IPCi�-�Cl� d Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2014 Jan 10 02:05 PM RE Excise Tax$1,880.00 Book: 5792 Page:2195 Fee: $26.00 Instrument Number2014000818 Non -Standard Fee: $0.00 NORTH CAROLIINA GENERAL WARRANTY DEED Excise Tax: 11 .880 o0 Parcel Identifier No R0372"01,014-000 Verified by County on the _ day of 20_, By: MaiUBox to. Dan Rizzo, Attorney, Post Office Box 2676, Surf City, NC 29445 This instrument was prepared by: Dan Rizzo Attorney Post Office Box 2676, Surf City, NC 28445 Brief description for the Index: LOT 12. Portees Neck Plantation WMOUTTITLEEXAMINAMON THIS DEED made this ISth--•-•day of December 2013 .byandbetweea D 8c K Investment Partners, LLCM d, NW1tL 6^ 1255 Great Oaks Drive 110wXck 04'vhr Wilmington NC 28405 /b,,,,gq ti �y (57 Robert B. Peyton and wife, Christopher D. Peyton 8309 Society Place Raleigh, NC 27615 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. 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 WUNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilmington Township, New Hanover County, NorthCarobna and more particularly described as follows: REDO= See Exhibit "A" attached hereto and made a part hereof. N submitted electronically by "Eugene B. Davis, 3r. P.C." JUL U 7 2014 in compliance with North Carolina statutes governing recordable documents +' and the terms of the submitter agreement with the New Hanover county Register of Deeds. D31-MSi MY The property hereinabove described was acquired by Grantor by instrument recorded in Book 5683 page 1731 All or a portion of the property herein conveyed _ includes or L does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 33 page 65 i. NC Bar Atsuciairm Donn Na 3 O 1976, Revised O Vi/ml0 M�IL�/1 ij 'ivG Primm Printed by Ag eeent with the NC Bar Assochnion y-y ._ DCM WILMINGTON, NC n 2 2014 JUN 0 2 ?n1h TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the promises in fee simple, has the right 10 convey the same in Ice simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims oral] persons whomsoever, other than the following exceptions: Subject to casements, restrictions and rights of way of record, if any. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Name) Print/Type Name & Title: , 17 n ip'l Printfl'ype Name & Prinill'ype Name & -- ----(SEAL) Printfl'ype Name: Printffype PrinVrype Name: (SEAL) Prina/Type Name: State of -'County or City of 1, the undersigned Notary Public of the County or City of and Stale aforesaid, certify that personally appeared before me Ihisday and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of , 30_. ' My Commission Expires: (Affix Seat) Notary Public Notary's Printed or Typed Name State of M-M f 1W) fill CA, - County or City of KI f C--/ ity of I, the undersigned Notary Public of the County or Cf and Stale aforesaid, certify that -ban l rl personally came before me this day and acknowledged that Jo is the 61 ,R , of D & K Investment Partners, LLC a North Carolina 4Q;poratiea limited liability compan g �' parim r�hip/Gmilod-garine! ip-(atrih h '''h ^^' ^^�' �, and that by authority duly given and as the act of such entity, he signed the fo regent gswmcnam t in its name on its behalf as its act and deed. Witness my hand' and Notarial stamp or seal, thisa CP2 day of ZAP Gf_!yI Y , 2013. Maura A. Patton /LI. LIAiI�IA ll T-U 1-,] (,A.— My Commission Expires: I 14 NOTARY PUBUC Hit Lr fj-. i7p H'C,r, Notary Public New Hanover County (Affix Seal) North Carolina Not: y's Printed or Typed Name State of - County or City of 1, the undersigned Notary Public of the County or City of my hand and Notarial stamp or seal, this _ day of My Commission (Affix Seal) NC Bar Association Form No. 3 0 1976. Revised 0 I/ V_�ma Printed by Agreement with the NC Bar Association and State aforesaid, certify that 20 Public Notary's Printed or Typed Name R ,,�._ C,yam"".I'LQ'E f„�"t Dr-i'A WILMINGTON, NC JN0 AWE? 93032 All those certain lots of land, situated and being in Harnett Township, New Hanover County, and described as follows: All of Lot 'Twelve (12) in Section D, Porter's Neck Plantation, according to the survey prepared by Henry Von Oesen, CE in November 1951, and recorded in the Office of the Register of Deeds ofNew"Hanover County in Map Book 5 at Page 45. Also such title and interest as the parties of the fast part have to that portion of land and water lying between the lot heretofore referred to and the Inland Waterway within the lines extending their property lines as shown on map above referred to, running at right angle to the road across the land, water, etc., to the edge of said Inland Waterway. Being a portion of the same property described in that certain warranty deed from George L. Cain, Trustee, eLd. to Charles W. Worth and wife, Hilda B. Worth, recorded in Book 474, page 379, New Hanover County Registry. For additional reference see Deed Book 3147, Page 232, Deed Book 3147, Page 236; Deed Book 3195, Page 62; Deed Book 3195, Page 66; Deed Book 4957, Page 1802; Deed Book 4957, Page 1807; Deed Book 4970, Page 902, Deed Book 4970, Page 907; Deed Book 5262, Page 2489; Deed Book 5262, Page 2493; Deed Book 5262, Page 417; and Deed Book 5262, Page 421, all of the New Hanover County Registry. . For further additional reference, see that certain Executor's Deed from Julia Stickney Worth, as Executrix of the estate of Hilda B. Worth, to Julia Sticimey Worth and Lucy Chadbourn Worth, successor co -Trustees of the Hilda B. Worth Revocable Trust Agreement dated July 27, 2001, recorded in Book 5444, Page 2806, Now Hanover County Registry, and that certain Trustee's Deed from Julia Stickney Worth and Lucy Chadboum Worth, successor co -Trustees of the Hilda B. Worth Revocable Trust Agreement dated July 27, 2001 to Julia Sticlmey Worth, and Lucy Chadboum Worth, recorded in Book 5444, Page 2811, New Hanover County Registry. RBMMD UL 0 7 2014 DCM•M(l'Il cn y IV RECEIVED r�CUhv�IL1dl1;,�� N,Nc DCM WILMINGTON, NC JUN 4 2 2014 2. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Peyton c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 8038 Bald Eagle Lane adjacent to the AIWW and Middle Sound in Wilmington, New Hanover County. Photo Index — 2006: 22-7429 M-12 2000: 22-278 N-13 1995: 22-261 M-15 State Plane Coordinates - X: 2375766 Y: 195792 GPS —O 061010A (uncorrected) Lat:34°16'52.24"N Long:77°45'23.37"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/10/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received — 6/2/14 Office -Wilmington SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PT, EW (C) Water Dep (D) Intended Private (E) Wastewater Trent: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Private pier with gazebo and floating dock. Planned- Replace existing floating dock and add a boatlift. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§404) Non -Vegetated Wetlands (Open 436 Water) (incorporated) p (C) Other - Highground disturbance (D) Total Area Disturbed: 436 sq. ft. (0.01 acres) (E) Primary Nursery Area: No JUL O 7 2014 (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to repla�no&,1�16'AnW&07boatliftfloa which would expand the existing private docking facility o three (3) slips in/Middle SounnT Robert Peyton Page 2 PROJECT DESCRIPTION The project site is located at 8038 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the round -about, turn onto Bald Eagle Lane and travel approximately 0.45 miles until you reach the property of interest on the left. Existing structures on the project site, which is a vacant lot, include a private docking facility. The project site is approximately 0.55 acres and is vegetated primarily with domestic grasses and live oaks. The project site has approximately 108 feet of shoreline frontage along the AIWW/Middle Sound. The property slopes down from high ground to a narrow band of (approximately 6 ft.) of high marsh, consisting primarily of Salt Meadow Grass (Spartina Patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium sp.) and Glasswort (Salicornia sp.). This area transitions to low marsh consisting primarily of Salt Marsh Cordgirass (Spartina Alterniflora). The Normal High Water Line (NHW) is approximately 9 ft. waterward of the beginning of the -existing pier and there is an approximately 74 ft. wide ban of Coastal Wetlands shaded by the existing pier (See sheet 1 of 6). The existing docking facility consists of an existing access pier that extends into the AIWW/Middle Sound measuring approximately 167 ft. in length by 6 ft. in width which terminates into a covered fixed "L-head" gazebo platform measuring approximately 16 ft. in length by 16 ft. in width. An access ramp leads from the platform onto a floating dock, measuring approximately 16 ft. in length by 8 A. in width, which runs perpendicular to the shoreline. CAMA General Permit #60790D was issued to the previous property owner on December 5, 2012 which authorized the existing docking facility. The existing docking facility currently accommodates up to two (2) vessels (See sheet 2 of 6). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace the existing floating dock, which currently extends approximately 6 ft. into the USACE 80- Foot setback, with a new floating dock and install a boatlifk2exopinding the existing private docking facility to three (3) s ips. The applicant states that the existing floating dock would be replaced with a new floating dock. measurinroximately 24 ft. in length by 10 ft. in width which would be parallel to the shoreline. A new boatlift measuring approximately 14 ft. in length by 14 ft. in width would extend eastward along the southern side of the new floating dock. According to the applicant the proposed new docking configuration would provide docking space for up to three (3) vessels within existing water depths ranging from approximately -2.0 ft. to -3.0 ft. at normal low water (NLW) (See sheet 5 and 6 of 6). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 436 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking facility. According to the application, the prop'osecJ structure would extend approximately 124 ft. into the waterbody, which measures approximate 05 ft. across. This distance would conform to both the 1/4 width rule and the established pier lengths. s proposed,,the applicant's propos uId not encroach into the USACE 80-foot setback or into either adjacen 15' Riparian Corridor Setback Area. iur increases in turbidity should be expected during construction. Submitted b ara MacPherson Date: June 11, 2014 Office: Wilmington F & S Marine Contractors, Inc. P, O Box 868 Wrightsville Beach, N.C, 28480 Phone/Fax 910-256-3062 15 May 2014 NCDENR Wilmington, N.C. Capt, Ed Flynn Durwood Sykes emailreflyftsn, com The enclosed CAMA Major Permit application for Mr. Robert Peyton, 8038 Bald Eagle Lane, Wilmington, N.C. 28411, is to replace the existing floating dock with a new 10'v24' floating dock and add a boatlift. The fixed pier and gazebo are existing. A total of three boat slips is proposed. The pier and docking facility is for the applicants family use. JUL 0 7 2014 Dc Mt�C" kcr:is DCUI WILMiNGTON, NO J�" 2.0'L Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs I OZ g P .... .. ON `NO.1'ONIiNTPA WOO 06M MP-1 APPLICATION for MaJor pevolopment Permit tt�sxt�l,t��r,oe, North Carolina OIVISIOr4,OF COASiAG.h ANAGtmNT 1. PrimaryApplicant/ Landowner information Business Name - _ Project Name (it aopf!cable) Applicant t 1: First Name y , M� I r a Last Name Applicant 2: First Name MI - Last Name If additional applicants, please attach an additional Page(s) with names listed. State Mailing Address 630� PO Box Phone No. FAX No. ZIP � ltstb %- em. Street Address (if different from above) City State ZIP Email 2, AgentlContractor Information. Business Name %�{yPllTltikts C..�tt �LwS � _ Agenti Contractor 1: First Name �� ! MI Last Name Agent,' Contractor 2: First Name Mt Last Nape Mailing Address Po Bo/x StatH8/ City � [+! ZIP . jp rq PPt)one No, tom/ .q'[. 4 Phone No.//z" Iw FAX No. „ Contractor a Street Address_(it different from above) State DGM i INGTON, NO 1� J Email a�I�P►�, VCM RECEIVED <Form continues on back> DCM WILMINGTON, NO .022014 .Form DCM MP-1 (Page 2 of 4) HCf'LItH 11Vla IUD Major Development Permit 3, Project Location .Count (can h ultiple) _ Street Address 01 State Rd. H Subd i ion Name Ci yddl State NNE I Zip: 'CtIN Phone No. - I,ot No..((ss)` ff mmany, attach additional page with list) a: In which NC river basin i�p project located? b. Name of body of water nearest to proposed project c: Is t water body identified in (b) above, nature(or Natural ❑Manmade [)Unknown., manmade? ' d. N e the closest major water body to the proposed project site. e. Is p osed work within city limits or planning jurisdiction? f. If applicable; list the planning jurisdiction or city limit the proposed CVes []NO work falls within. 4. Site Description a. Total length of shoreline on the tract (It.) b. Size of entire tract (sq.ft.)^ %b� Li s t' a ,} ✓r ld t c. Size of individual lolls) / I d. Approximate elevation of tract a' ve NHW (normal high water) or 5 j NWt•(normal water level) ,.., (lf many lot sizes, please attach additionaY page with a list) ❑NHW orlZNIVVL •• � ✓ e. Veggettationontract , 7 ►?1``�tt 'j. 1,186ta'IA 1% ' I. Man�maade features and uses now on tract g. Identify and describethe existing land uses adjacent to the proposed project site. h. How does local government zone the tract? I. Is the posed project consistent with the applicable zoning? (Alt- n zoning compliance certificate, if appli able) Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? [ryes o k. Has a professional archaeological assessment been done for the tract? If yes. attach a copy. Dyes o OVA if yes, by whom?. .. 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes o UNA National Register listed or eligible pr`ooerty7;. <Form:contirlues on next page , pCM .WILMING7TGN, :NC JUN 0 2 ?pleb Major Development Permit Y N0 m. (j) Are there wetlands on the site? � / (ii) Are therecoastal wetlands on the site? es ON (ill) ff yes to either (I) or (if) above, has a delineation been conducted? C]Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Desgribe exi ling drinking water supply source. p. Describe existin form water management or treatment systems. 5slfaikd k4or —1 5. Activities and Impacts 6 rc), al" -ffP�ublldGoVemmerjr,,�-'' bGive a brief, descn son of purpose.use, and daily operations of Ole projes;twhonxornpleUs.,,,. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of a ipment and where it is to be stored. r /' 110o4 Pfi.j� Tt s0d. 574a O)V Sfilg. 4 d- List all development activities YOU propose. e Ao a. Are the proposed activities maintenance of an existing project, new work, or both) I. What is the approximate total disturbed land area resulting from the proposed project? C]Sq Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes A RBCMM that the public has established use of? F h. Describe location and "a of existing and proposed discharges to waters of the state. I ' JUL 0 7 2014 N46 DC.VY-M MY 1. Will wastewater or stormwater be discharged into a wetland? 1771yes o []NA If yes, will this discharged water be of the same salinity as the receiving water? C]Yes []N []NA 73� ee any fir "fg '71foyes, attach a mitigation proposal.. Oa cbminveir pa back> 14EC.OVE. DiC.M.WILMINGTON1 NC 0 2 2014 Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application package to be complete. Items (a)-. (0. are always, applicable to any major development application.. Please consult.the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish "n&trJsen •wdrn^carn(netE�radtr proposeu. 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 L'161 5 j"09y L�'Jff}},,�� /? > v Phone Noli e242- f Address .�/�°?®fl u�,J�rQt7L, 014 r&Je131--�.? �L Z-'re t J Name .(7�J�.�,, /(, %�f7. _ Phone No. Address � fl'{y. �/3'i4 P✓l�%�(Ifj &;l'j"JyC3 .t✓i/!kl!$+ Y•dL �:�Fi�� . . Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perminee. and issuing dales. h. Signed consultant or agent authorization form, if applicable. - i. Welland delineation, if necessary. .I.I...,..A. sinnRd.AR. hazarrt ontirwfnr nrnjorlc;n nru Aofn� ��4 ir1e:.2;P" ,r,-�r"£1,+e-u ^3:t.ta} rnSn�.jster•3da v)n.,-._,,.-,.,.m._..............:_.-......,._..� 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 puolic.furjdy or usepCpublio lands.Altachrastafemenldocumenfing complianc.ewiththe, North Garoljna Envircrimental 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. 1, certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter.on.lbe.aforementioned lands.in cone tlon.with evaluating• infprmatioa:reiated.forth permit'.applicatton and follovr-up ..: mcnitonng of;tha preledP , i:l further certify that the information provided in this application is truthful to the best of my knowledge Date Z5 / ] � Print Name Signature 09G1,� Please indicate appheaE+on attachments pertaming to'your proposed project ❑D MP-2 Excava(ion and Fill Information ❑OCM MP-5 Bridges and Culverts ❑ CM MP-3 Upland Development RECEIVED DCM MP-4 Structures Information DCM WILMINGTON, NC JU0 0 2 2011t 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 FACILITYIMARINA 7Pri�ateQemmmWr RACTERISTICS a. (i) Is the docking facifityfmarina: ❑commercial QPubtiGGovernment c. (1) Dock(s) and/or(s) (0) Number (lit) Length (iv) Width (v) Floating es ONO a. (i) Are Platforms included? ❑Yes No If yes' N/ (il) Number _ p (iii) Length 'I (iv) Width _ (v) Floating ❑Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Nurflbar of slips pro po ed ,g fir! (iii)ff%Number �o'ff ships existing i. Check the proposed type of siting: Vd cut and 'access channel water: dredging for basin and/or channel n water, no dredging required ❑Other; please describe: z k. Typical boat len In + { in. (i) Will the fa ity have tie pilings? Oyes o (Ill If yes number of be pilings? ❑This section not applica, b. (i) Will the facili be open to the general public? Oyes o 03 d. (i) Are Finger Piers included? Oyes O If yes: / (6) Number (iii)Length (iv) Width _ (v) Floating ❑Yes ❑No I. (i) Are Boatlifts includetl? Yes ONO If yes: Ili) Number (iii) Length (tv) Width h. Check aA 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: _ ❑ Dstorage: number of boats: V❑ at ramp(s): number of boat ramps: otth�er,r, jplease describe: j. Describe the typical boats to be served (e.g.. open runabout. charter boats, sail boats. mixed types). a4loXca umm JUL 0 7 2014 DCM-M99c1Ty (i) W ill the facia ty/ew to the general public? QYes o RECEIVED DCM WILMINGTON, NC A 0 22014 �2. DOCKING FACILITY/MARINA OPERATIONS Evrhis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ;Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpouf Availabiesigns proposed. f. Describe the special design, if applicable. for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products. a. Where will residue from vessel maintenance be disposed of? I) . Give the number of channel markers and "No Wake" signs proocsed. i. Give the focaaon of fuel.handling facilities. and describe the safety measures planned to protect area water quality. 1. What will be the marina policy on overnight ano live -aboard dockage? It. Describe design measures that promote boat basin hushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED _---DUM VVILIVINGTON, JUN ' 2 2014 ' M. Is the marna,'docking facility proposed within a primary or secondary nursery area? QYes ONo n. is the mannaidockrng facility proposed within or adjacent to any shellfish harvesting area? CYes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CWI, submerged aquatic vegetation (SAV). shelf bottom IS% or other wetlands (WL)-) If any boxes are checked. provide the number of square feet affected. QCW OSAV _—_ ❑SB OWL CjNone p. Is the proposed mannaldocxmg facility located within or within close proximity to any shellfish leases'? ❑Yes []No If yes, give the name and address of the !easeholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) JhiS section not applicab, a. (i) Is the boathouse structure(s)' CCommercial ❑Publ,ciGavetriment CPnvaterCommunity Number _—_— (ci)Lrfyth __— gv7 Nac:n __------ More. Rooted arras are calculated Lcm aNpi;ne dnnenn,ons. 4. GROIN (e.g.. wood, sheetpile, etc if a ruck groin, use Mtn-2, Excavation and `nl:) 1Ji ITn—s-Section not applicabt a l,) Number �,— ba Length _—'-- f .l W id:n (5 BREAKWATER (e.g. wood sheetpite, etc.) � u T is section not applicabt a. • Length —__- o J:rerage d,starlCe from N(rW. NWL. or well3nds c. Maximum distance beyond NNW. NWL or wetands Ad 6. MOORING PILINGS and BUOYS "Zohis section not applicabt a. is the structure(s): b. Number —._. [',Commercial ❑PubScrGovernmem G'PnvatetCommun;:y C. Distance to be placeo beyond shoreline __. u Descnp(jur. of buoy tcolor insCnpGon. size. an[hor. at,.) Note: This should be measured from marsh edge. d presenf. e Arc of the swing —__ ` $ CEM RECEIVED JUL 0 7 20!s DCM WILMINGTON, NO JUAI © 2 2014 AC!K-MgDCrrV ---- ---- 7. GENERAL a.. Proxlmin of structuretst to adjacent rpanan property lines Note ForouoyorntaonngAdtng use ardotsmng,ncludmgtergn-. a! vessel c Wtdthofwat=; 4oCy e (1) vial naytgat� al aids tie req,ved as a Iesu t N tRe pr.-c7 OYes o [(NA ;u; It yes: expl&n What type anu now they will tie implemented S. OTMER C Proximity of str cturefs t to adlacert Cocking taclWes 4- 70 / ---- - - - Water oeot" at rratennard end of str�rree a! NL W o: %VVL �--oZ.� NGgI C t Ps SeUsm not eppl c36f a Give cdmptete deSi npbUn • ._—.__.. �.__------ _ . - -' - ----- —,--- -- -- _— vet c�_o_g.— ' II -11s- Date RECEIVED DCM WILMINGTON, NC . W". w ARANRC •'va .,- " s INIRACOASiAI IFAIEBWAY ...� ._..-..- {l � � sits r �OCA17ON MAP �• �� � Ahle Y _ `Tw n_ Soy G ~♦. { "L'- ^ , l \ ., -•" 13 .� h.-2Z5 2Gwp3:iDn-il 1 \ � A } .v+D h.IB•1 1[OJa4in".' a /� a \l 1�'. (�} L'lr i2 /�1 e i0R^JM W IMi WI I> IN A AAGE NAIUIO N1Jt ..J[}'3 IG i \ ax o.. lF \ 1'C, y to wgN111RRInY1lIFL N6 JIm31)C411. f5: 0 'C •. was 'r 1WD W W.fi I 1 A._ ,�♦ i�f / f`� :�.. _ c .]S a-� _ca :. - l sr I 1 � � LOT 11 JyM}s':.rs i � A :, 4C; .... J. tar, P5R (NS Nf.V Mrt - 1>tLM R 1610 J7'TI a c 8ALD EAGLE A, - Fi fP10lR' ebri s y K`L t� Sr4'�a+`r• u�Umr• IUb pmK1M Jn L-Fgr3 CAPE FEAR SU PING, PC ONE NORTH OtC ST- WILMMOTON• NC 20401 (0101 702-9490 rAx: Is]0} 70£-DE49 C1tAlfa mp.Fwnva.Rirtywysnae.ertm urj9 P 0-0100 IaGEMD 1.eR Ip Fya, p ROI IP[ 54...-_l p^wA Q �p�YONBISR � >IL xms. Nw OW-pYlNmtlx W0.6^ J43� IC.,LM NOI :,TA 16 }� 1 aW I.1+4 SFr R P"K1- 4e 1¢E M1.wlm. E'y ,o f 9 i'r v51CA.. SUAI/0 Ci'fe I {OR Sia ;jvjv &w Ar.0 EAGLE LANE . 12 SECTION 0 PORTERS NEC{ PLANIA" -N A¢a •Oi JUL 0 7 ,( HARNETT TON'NSMIP NEW HANOVER COUNTY, NORTH CAR"A dJQ,� y LQg p" -�1$ Y. OCTWBER 1$. 2012 OEEO BOOK 5459 PAGE 113E "c'NV.1Y„/ , NAP BWWN S PAGE 43 GRAPHIC SCALE Q ,a � a •.. Yi t LI IFYP > (ACM WILMINGTON, NC JUO 0 2 2014 • I I. i LLJ I oW I 0 o C- I I ^ o l `" o Lo _ . I I i �I 1 I �I i I ' i I j -------------- I I to, PILING (TYPICAL)• FLa,TINc M I I DOCK I W, �•'� I I RAMP " �Iv`Oi I ti SETBACK 15' SETA < I i I I i I I I ..` in J� N CL3 G y O PO 3 I I I I I I � 80' SETBACK LItB FRO I i I� I oe WATER$IIDY SETBACK;:L_ I � � ,1 I its i IZ I ' SUBAZ 15' SETBAC SOUNDINGS E. j I TO CO I I I I I I I I I I I RECEIVED DO M WILMINGTON, NC I ( I J Ud 0 2 2014 QI doe 4 /H Ce uj LjLj I I o � I I I I o N j M C { — — i-- — V) — — _ _ I� I 80' SETBACK LINE FR I _ RZ Itip , } 1JATERBODY SETBACK ON N I larzl/y4C M I I nAs� 1Ft i I I RAC z 5' SETBACK 15' SETBACK, I j I SETBACK ' ' SOUNDINGS TO C I I Li " � I I P.E-CEIVED s JUL 0 7 1P'' j DCM WILMINGTON, NO I .» I JUN 0 2 2014 DCM�MEi9CITS' , I + ' y�.-j--- i 3 6 LW ---+- ML po MLW— '"'_� T ML i �37 ? Y ' •I I / j , Ii og WM—_--"MW �14W W W Y W WY W W N I W W W •Y I 'Y W 'Y y. '�. W W Y W W 'v •� W W I W W W 'L W W '�' W `% Y, Y V' Y Y W IVFF W W W ... W �• Y' I W W * WI W *DIP W W I* W v j IP g� I� I y °' 0 o � �N S 38° I ' ° 30. S 17°p3,Qq" W x r~g x52 g4:� p .. 37.23, W MN� Ico d; 6 I� UJ M 0 4� p #-zi), jn 7)�(,yj*-, � 8' VDDD BULKHEAD O lz 72 arl . � 15� 3IP � ,_ S 36 03_27 W 99,91' (TIE LINE) 62 SK - - --- ' • � DIP LOT 12 AREA ABOVE MHW 0.55 Acies 0 . LSTAKE ABELEDWPDDL SETBACK FOUND Ig /J�vie LABELED POOL SETBACK c) STAKE FOUND STAKE FOUNDA* j LABELED HOUSE SETBACK LABELED HOUSE SETBACK �) M WIL.MINGTON, N� Lo JUL" 0 Z wifi. NI Im 41tD IL F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKE£ Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 266-306. Wrightsville Beach, NC 28480 email: eflyOmsn.cor JUL 0 7 2014 bC.M•Nf.99CITy f +KANECEiVED DCM WILMINGTON, NC JUld n 2 2,014 sib FaS Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! /3018 Vadc�1r-� tpqe- CAPT. ED FLYNN DURWOOD SYKES Art. f Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs. P.O. Box 868 Phone/Fa)c (910) 256-3062 Wrightsville Beach, NO 28480 email: eflyOmsn.com 1,A) �.L C Z 0 z M o < �7I� o M/S/av�Jt�l / 3Q z F,y NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11, 2014 Division of Coastal Management MEMORANDUM: FROM: SUBJECT: Applicant: Project Location Shannon Jenkins NH DEH Shellfish Sanitation Section RECEIVED rJUL 0 2 2014 . DCM-MHDcrry John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Robert Peyton 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This objects to the project for reasons described in the attached comments. SIGNEq DATE S T44, lvwji� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal opportunity 1 Affirmative Action Employer e 'A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 19, 2014 Mr. Robert Peyton 8309 Society Place Raleigh, NC 27615 Subject: EXEMPTION Stormwater Project No. SW8140606 Peyton Docking Facility Project New Hanover County Dear Mr. Peyton: John E. Skvarla, III Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on June 11, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.leWs @ncdenr.gov. Sinoer , For racy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQIShareMStormwaterlPermits & Projects120141140606 Exemption12014 06 permit 140606 cc: Ed Flynn; F&S Marine Contractors, Inc. RECEP/J54 New Hanover County Building Inspections Jonathan HoweIIIDCM JUN 220t4 Tara MacPherson/Shaun Simpson-DCM WIRO Wilmington Regional Office Stormwater File 1)CM-LAIRD Crry Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax (910) 350-2004 An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: htto://Dortal.ncdenr.om/webllr/ Q�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO John E. Skvarla, III Secretary ECEIVE IN 11 2014 BY: — 9 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: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE // 7L - . jtECE1VED J,n 2 6 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215\FAX:910.395-3964Internet: www.nccoastalmanaaement.net An Equal opportunity \ Affirmative Action Employer WLTA _ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor 11IiIT�if��liCl Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant Maria Dunn NCWRC WaRO / WiRO JUN 2014 RECEIVED Fhilibt Ca�NMUWion John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howeff at the address above by July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A1.1 DATE G-z(--`j RECEIVED JUN 3 0 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagerrent.net DC!A-N!''!DCITY An Equal Opportunity\ Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: June 23, 2014 Regulatory Division Action ID No. SAW-2014-01103, General Permit No. 197800056 Mr. Robert Peyton 8309 Society Place Raleigh, North Carolina 27615 Dear Mr. Peyton: Reference your May 15, 2014 request for a Department of the Army (DA) authorization to construct a docking facility, including a pier, boatlift, gazebo and floating dock, located at 8038 Bald Eagle Lane, in Wilmington, New Hanover County, North Carolina. On March 16, 2005, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions and the following special condition: 1. If the two pilings, located at the end of the originally authorized dock, are installed, they must be removed prior to starting the authorized work. These two pilings are depicted on the attached map titled "Dock as Existing" and the pilings are located within the 80' setback of the federally maintained navigation channel. This permit does not authorize the installation of any structures within the 80' federal navigation channel setback. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. REC W JUN 2 5 2014 -2- Thank you for your time and cooperation. If you have questions, please contact Ronnie Smith, of the Wilmington Regulatory Field Office, telephone (910) 251-4829 Sincerely,, T`u Ronnie Smith, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copy Furnished (with enclosure): Mr. Ed Flynn F&S Marine Contractors, Inc. Post Office Box 868 Wrightsville Beach, North Carolina 28480 Copies Furnished (without enclosure): Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett 4' North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11. 2014 Division of Coastal Management MEMORANDUM: TO: Anthony Law INC DOT New Hanover County DISTRICT 3 JUN 16 2014 RECEIVED John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ItECE1VED UN 25 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 bCMIN_!i!7C?TY Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity � Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Peyton c/o Ed Flynn LOCATION OF PROJECT SITE: Site is located at 8038 Bald Eagle Lane adjacent to the AIWW and Middle Sound in Wilmington, New Hanover County. Photo Index — 2006: 22-7429 M-12 2000: 22-278 N-13 1995: 22-261 M-15 State Plane Coordinates - X: 2375766 Y: 195792 GPS —O 061010A (uncorrected) Lat:34°16'52.24"N Long:77°45'23.37"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/10/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received — 6/2/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation RECEPMD (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes JUN 2 5 2014 (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A DCM•MHDCITY (F) Type of Structures: Existing- Private pier with gazebo and floating dock. Planned- Replace existing floating dock and add a boatlift. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: (AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§404) Non -Vegetated Wetlands (Open 436 Water) (incooated rp r )) (C) Other - Highground disturbance (D) Total Area Disturbed: 436 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to replace the existing floating dock and add a boatlift which would expand the existing private docking facility to three (3) slips in the AIWW/Middle Sound. Robert Peyton Page 2 PROJECT DESCRIPTION The project site is located at 8038 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW) and Middle Sound, in New Hanover County. To locate the property from Market Street (NC Highway17), turn onto Porter's Neck Road and travel east approximately 2 miles. At the round -about, turn onto Bald Eagle Lane and travel approximately 0.45 miles until you reach the property of interest on the left. Existing structures on the project site, which is a vacant lot, include a private docking facility. The project site is approximately 0.55 acres and is vegetated primarily with domestic grasses and live oaks. The project site has approximately 108 feet of shoreline frontage along the AIWW/Middle Sound. The property slopes down from high ground to a narrow band of (approximately 6 ft.) of high marsh, consisting primarily of Salt Meadow Grass (Spartina Patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium sp.) and Glasswort (Salicornia sp.). This area transitions to low marsh consisting primarily of Salt Marsh Cordgrass (Spartina Alterniflora). The Normal High Water Line (NHW) is approximately 9 ft. waterward of the beginning of the existing pier and there is an approximately 74 ft. wide ban of Coastal Wetlands shaded by the existing pier (See sheet 1 of 6). The existing docking facility consists of an existing access pier that extends into the AIWW/Middle Sound measuring approximately 167 ft. in length by 6 ft. in width which terminates into a covered fixed 1-head" gazebo platform measuring approximately 16 ft. in length by 16 ft. in width. An access ramp leads from the platform onto a floating dock, measuring approximately 16 ft. in length by 8 ,ft. in width, which runs perpendicular, to the shoreline. CAMA General Permit #60790D was issued to the previous property owner on December 5, 2012 which authorized the existing docking facility. The existing docking facility currently accommodates up to two (2) vessels (See sheet 2 of 6). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of the AIWW and Middle Sound are classified SA-ORW by the Division of Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace the existing floating dock, which currently extends approximately 6 ft. into the USACE 80- Foot setback, with a new floating dock and install a boatlift expanding the existing private docking facility to three (3) slips. The applicant states that the existing floating dock would be replaced with a new floating dock. measuring approximately 24 ft. in length by 10 ft. in width which would be parallel to the shoreline. A new boatlift measuring approximately 14 ft. in length by 14 ft. in width would extend eastward along the southern side of the new floating dock. According to the applicant the proposed new docking configuration would provide docking space for up to three (3) vessels within existing water depths ranging from approximately -2.0 ft. to -3.0 ft. at normal low water (NLW) (See sheet 5 and 6 of 6). 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 436 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking facility. According to the application, the proposed structure would extend approximately 124 ft. into the waterbody, which measures approximately 505 ft. across. This distance would conform to both the 1/4 width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the USACE 80-foot setback or into either adjacent 15' Riparian Corridor Setback Area. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: June 11, 2014 Office: Wilmington F & 5 Marine Contractors Inc. P.0 Box 868 Capt. Ed Flynn Wrightsville Beach, N. C. 28480 Durwood Sykes Phone/Fax 910-256-3062 email:eflyAmsn,com 15 May 2014 NCDENR Wilmington, N.C. The enclosed CAMA Major Permit application for Mr. Robert Peyton, 8038 Bald Eagle Lane, Wilmington, NC. 28411, is to replace the existing floating dock with a new 10'v24' floating dock and add a boatlift. The fixed pier and gazebo are existing. A to to/ of three boat slips is proposed The pier and docking facility is for the applicants family use, REMPMD JUN 2 5 2014 8: DCM-MHD CITY 4-. E t_ , DCM VVILMiNGTON, NC J� Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs NOZ g n . ON `NO.iGNiVYTM WDa 06M MP-1 1tkG�MENT' ``� 1. Primary Appticantl Landowner Information Business Name :� Project Name�(it applicable).:.. _ . Applicant 1: First Name (y�MI 2: First Name MI +�astName�Applicant Name if additional applicants, please attach an additional pages) with names listed. Mailing Address PO 90>< ^/6'7�� State / ZIP / Coun.ry . Phone No. / jr -t. ! qez FAX No. Street Address (if different from above) City State ZIP Email 1 2. Agent/ContractorInformation. Business Name Agent/ contractor 1: First Name F JL,1Q ! MI Last Name ✓L � Agent' Contractor 2: First Name MI Last Na e Mailing Address PO Soo City ZIP j } Phone. Nch 1q f ✓ eat. Phone No 2 ext FAX No. Contractor a ----lj Street Address.(if different from above) Gty State DCM �I 1NGTON, NO Email efY e��r�, may" � >�� JUN 21F20"continues on backs DCM WILMINGTON, NC 0 2 21014 Form DGM MP-1 (Page 2 of 4) nrru�.n n�,n wi Major Development Permit 3. Project location S�tpreet Address Count (,can�b �t /� State Rd. # /�n�jullliplel)' r% Ldv 4/DI+�iL4bAI I?G?vv1,tt( %:.. Subd' i ion Name Ci y - State zip Phone No. ext. Lot No.,(�s)) (if many, attach additional page with list) a: In which NC/ri�ver basis is tt_U project located? b. Nam�body, of water nearest to proposed project G. Is t water body identified in (b) above, natural or manmade? j d. N e the closest major water body to the proposed project site. N(Natural ❑Manmade ❑Unknown, �7 i e. Is pr osed work within city limits or planning jurisdiction? as []NO f. if applicable, list the planning jurisdiction or city limit the pr work falls within. 4. Site Description _ a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)� - c. Size of individual lolls) / d. Approximate elevation of tract at, ve NHW (normal high water) or N W L (normal wafer level) ,., (if many lot sizes, please attach additional page with a list) ❑NHW or NVyI e. Vegetation on tract f. Man,maad�Cer,features and uses now on tract g. and describetheexisting land uses ad 2 ent to the proposed protect site. /identify h. How does local government zone the tract? i. Is the posed project consistent with the applicable zoning? e (At;' h zoning cc;certificate, if appli able) .Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 'o k. Has a professional archaeological assessment bCen done for the tract? tit yes. attach a copy. ❑Yes - o (n A ; If yes, by whom?_ f. Is the proposed project located in a National Registered Historic District or does it involve a Oyes o QNA . National Register listed or eligible property? - zFIECEIVEID. <Form .continues on next Page? OCM VVILiNlNG i OR ;NC JUN 0 2 2014 /Major Development Permit m. (i) Are there wetlands on the site? Y ❑No (ii) Are there coastal wetlands on the site? (1 i) If yes to either (i) or (it) above, has a delineation been conducted? QYes No fAtfach documentation, if available) n. Describe existing wastewater treatment facilities. o. Des ribe xxiting drinking water supply source. p. Describe exist* torm water management or treatment systems. 5sjuFwddr 5. Activities and Impacts .'�Atl1r'itre pi8jee be torc6istrisercral pr,hLc; �r dnv usu� nvateijwrrti,*aniF/ b' Give a brief descn son of purpose use, and daily operations of the protect when.complete 40 C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and he it Is to be stored. wS1I� 1 d. List all:development acrjvilies you propose y NO h�'c L- e. Are the proposed activities maintenance of an existing project, new work, or both?� I. What is the approximate total disturbed land area resulting from the proposed project? W�✓ ❑Sq. Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes o QNA If yes, will this discharged water be of the same salinity as the:receiving water? ❑Yes ❑N ❑NA 15 (he Fe en i4 dtton ropdset`7' :-. , ..�. ..,.,. Y , LYF o If yes, attach a mitigation proposal.: ' OCRti r�e r back> REZCEiVED ::DCM.WILMINGTON. t NC .1 2 2014 Major Development Permit 6. Additional information In addition to this completed application form, (MP-I)the following items below, if applicable, must be submined in order for the application package to be complete: Items (a).—. (1) 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-secttonai drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish `-oetweej rwdrrcorn(n8ffirranlrpr0p0sc+u. 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 he 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 Cdfl.yl;`i / J� yy 12 J z�y Phone No.L}la��f(uL9%�y Address,6il''JA>��L'�3, Name ---' Phone No. Address 46 1 #/4 G lf1 '6.Ar/ i�9�M`ildl',, G�'1 pi- Name ° Phone, No. Address�— g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i Wetland delineation, if necessary. .-.i..:.i , A.cPd APC ha7arrt nnti. e.rnr nrniprtc f� nruan{.nnl�,.n,rt�� e:.g',a�� :!s. ; assl.h, �S'pSrfg uzFs4�....•.. .,.�..,.,.�-- -.. I ' I k. A statement of compliance with. the N.C. Environmental Policy Act (N C G S. 113A 1 10). if necessary. 1t the project involves expenditure t-. of publ—�c funds or use of,public lands..attach, a statement documenting compliance vn4h •the.N4rt1+.Barotina Environmental Pptwy 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 oA the,aforeMentloned lands. In conneption with_evaluating infprmatien reiatad Eo, this permij appl ca+tog and.follovr up r anitonng of;'thepro)ect;. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name y��o9�/+� Signature [/ Please indicate appltoakon attachments peri2tning to -your p oposed p oject7. ❑DP MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts CI) CM MP-3 Upland Development RECEIVED 'IODCM MP-4 Structures Information DCM WILMINGTON, NC 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 ❑Public/Government ip"alelgaiiiv. 1, c. (i) Dock(s) andfor pier(s) (u) Number �Lf'u (iii) Length r (iv) Width 01 (v) Floating Ves ONO a. (i) Are Platforms included? ❑Yes No 11 yes' (it) Number (iii) Length _ (iv) Width (v)Floaung ❑Yes ONO Note: Rooted areas are calculated from dripline dimensions. g. (i) NuRiber of slips propo d /milinm Cie (ii) Number of sloe exis:ing �o C�tsu i. Check the proposed type of siting: ❑ La d cut and access channel V❑ water; dredging for basin and/or channel Open water: no dredging required ❑Other, please describe: k. Typical boat len it, m. (1) Will theta ily have tie pilings? Oyes o (ii) If yes number of be pilings? ❑This section not applica, b. (i) Will the facili be open to the general public? Oyes o d. (I) Are Finger Piers included? Oyes 1940 If yes: (if)Number 1' ) rv/� (iii) Length !/ (iv) Width (v) Floating ❑Yes ONO I. (i) Are Boatlifts in(luded? Yes ONO If yes: (ii) Number (iii) Length rI, it" (tv) Width LI - 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 manne supplies ❑ Dockage ('wet slips') only. number of slips: _ ❑ 0storage: number of boats: _ V❑ at ramp(s); number of boat ramps: _ Other, please Describe: j. Describe the lypicat boats lobe served (e.g., open runabout. charter boats. sail boats. mixed types). Ovew "ll ogric— a I (i) Will the facia t open to the general public? ❑Yes o t "CBNM RECEIVED DCM WILMINGTON, NC rJUN 2 5 2014 JUd © 2 2014 DCM-MM CITY L2. DOCKING FACILITY/MARINAOPERATIONS [ rhisSectionnotapplicabit P. Check each of the following sanitary facilities that will be included in the proposed project. . ❑ Office Toilets ❑ Toilets for patrons: Number. _; location; ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of'Pumpout Availabie signs proposed. , I. Describe the special design, if applicable, for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products. d. Where will residue from vessel maintenance be disposed of? th. Give the number of channel markers and 'No Wake" signs propcsed. i. Give the location of fuel -handling facilities. and describe the safety measures planned to protect area water quality. I. What will he 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? �^ 5 �6E'CEi V ED JUN In. Is the manna/docking farifity proposed within a primary or secondary nursery area? OYes ONO n. Is the mannaldocking facility propOS80 within or adjacent to any shellfish har0esling area? OYes ❑No o. Is the marinaidocking facility proposed within or adjacent to ecasta: wetlands'marsh (CW ), submerged aquatic vegetation (SAV), sheit bottom IS% of other wetlands (WL)) If any boxes are checked. provide the number of square feet affected. ❑CW ❑SAV _—_ ❑SS OWL ❑None p. Is the proposed manna(docxing facility located within or within close promm:ty to any shellfish leases? OYes ONO If yes, give ma name and address of the leaseholder(s), and give the proximity to the lease. if 3. BOATHOUSE (including covered tiffs) Vhis section not applicabr a. (i) Is the boathouse structure(s)' ❑Commercial ❑Publm/Coverninent ❑PnvatelCommunity Number ------ (w) L er:gtn Note. Rr otea areas are .31calwed Porn dnp.�:ne drmenn:ons. 4. GROIN (e g.. wood, sheetpila, etc if a rock groin, use MP Excavation and Fur.) )} A lThsecLnn no,' applicabr a ti) NumC v (n) Lengtn 5. BREAKWATER (e.g. wood sheetpile. etc.; This section not applicabr a Length O Average ostan.e from NH'✓'J. N'NL. or wetlands c. Maximum distance beyond NHVY, N WL or wenanus Jul 6. MOORING PILINGS and BUOYS 7JN VThis section not applicabi a. Is the structure(s): b. Number ❑Commercial Olouuticiiaovernment ❑PrwatalCommuni:y Distance to tm placed beyond shoreline —T d Descr:pt:w� of buoy (color inscription. size. anchor. etc.) Note. This should he measured from marsh edge. d present. e Arr, of the sw:ny —_101, RECEIVED JUN 8 5 20i4 DOM WILMINGTON, NO Jt.Il 0 2 2,014 ncNtti �ncrr� _ ------ 7. GENERAL a. Proxtmlfy Of SINCNIetSi to adjacent Ppanan property lines Hole Forbuoyorrtx9onngprfmg use a,ccfsw,rq.ncludu.qtergr. at vessel C Proxnn,rty of strixurcls l to adjacent oocmng factl,b^s . L'9A / c Width of water body d Water deolk al xaterward end al strr.rwre all NL W or NVVL e pj Nail nowgat. al arils qe req-,ired as a •�u!t of the prdl•a7 ❑yeg o [jN4 ;u; If yes, erp ,am What type anu how they Wag be :rnplemenrea S. OTHER Z ; ! n.s season not appjx3bt a Give complete dewrw,on-------_— fig &L bfc wt�.�--- fig 151 _---_ _--- -- --- - Date Prnwr Name RECEIVE® DCM WILMINGTON, NC JW 0 2 2014 r� J Al[ A•'1 RL WrRACGWA! JVA ff,?WA 1 C � Hwy m 1_ • LOCATION MAP �wd..a. I � ✓�`Ml. i — r „ IL �1 �` ]1 IRXI� \ + • F 'ud .•N4�Yi+� �wlr � :' 1 \ �OL v a� � I 1 tw) I1: ) Ataim > • T:SI:• >r L'31 ii �1�-ws\agJ ` 1, POR^W ffi Mi WI 'i M A I%= "TAD 4:4 +T}'� 1G YO iUWWlA1hY:W0.1i0 vwsl ib !` �'ni w ( :1'`®, aa"a a"r ,:1 Aa %tars ts; P c •. war �EOE"z LOT Ito ; ,r:.n i y '--�_. / tit a_ , } IcGEVD. V. 'I �udW W+w1 tou0�• J �' m•nmam cu � ; SarJlRn wa u rya tu"c1 w " i `G. _"••,.�v�1,. tom._== I .` !s�i e. __ _' _ ut7 � - =•�_ 1 . AVTa.YA t4 � - 16 BAtD'_" -v _EAGLE LAk: mnx°uveau `oFD T E PIAT ��, OF •n -y I aWYEY 11U.i LQ2T9 W LYCROS XL4 iME ig � A 9FYa-C A aLSttLR` Ctu Te W SiIkCGR:S °C °RATMrtWD_'� a "�°' cumtAk CpP10O1T 80.SB 8 EAGLE LANE �Pe slm.'r�, f^ rc xzrrJ PEeenxo. Irrlleaucno�f aP use a 1HE y nlor OI .IpO1Kf6 Of 0[11TIW>3 10 1"Y roawli. _DT 12 SECTION O PORTERS NECK PLANWI.W �1.0 [A PIAT• WT19)f iVY1101 WN7m1t O 1M 4� 9vnKM1 I! nM"�YO. n¢s s�wwv azs N01 Outli LEsu ntu ro nt uwo InRV. on la >rs snPm.rn hMN£TT TONNSMW y,gs,y, units or nec Pui Itu ut w .w.xr,lc 1!}L1L n'IE arvmw rs i0 Nr* HANOVER COUNTY, NORM CAROUNA amawP u TMe eN� J I�Ien++umaeIdJ.eu pro nu- 4 f : OCTOBER 10, 2012 : OFED BOOK 54" PAC: 1*6 �- wa MAP BOOK 5 PAGE 43 s1N . t1aW, .wcnoK FF ulO va.iws 77 aa 'siL�O^a0p??'W GRAPHIC SCAB: s CAPE FEAR SLtF�EYING, C .gRrrle�f' ... _. ONZ NORTS Om sr., WlLb NGTON. 14C 20401 RECENED 2-r'—"— "—"------� (230) 702-8490 FA%: (010) 7821}44 l a nx! tIN".v vnP^�nnvv�glnYyYpvv.efm , yfy n b R ��qy ���� uCbt166 P GAIBR I.... w.w «.w.,wFw.s..� � HFE I] 2014 CCM WILMINGTON, INC DCV-MHDMY JU0 0 2 2014 I o I i i .44 I i M I I I PILING I i10' (TYPICAL)i _ r,-- FLOATING I DOCK M I W Lo m I I RAMP I y 5' SETBACK ( 15' SETBACK I I _ I I i I` I I I L ML I � I I 0 0 u-� i I i I I I I i I I I----------------- I � 80' SETBACK LINE FRO I I I l I I I I I� A- -_ I # IJATERBODY SETBACK ..-1-..._..._. co I IM I s i i I= 'STACK 5' S TBACK I SOUNDINGS E cu To Co i i C ! t -- o I W I I I RECEIVED i I DJ M WILMINGTON, NC I 0o ML I I M'a---+-� W �J, I I I I I I I I I I N i I i — — — — — I— — 80' SETBACK LINE FR 0 in J� N U 04 F- W o� -t- 1 I I I I ! I I i � I VATERBODY SETBACK I a � I I M v ! I Iz I I I I I ,gyp ACK � SOUNDINGS TO C I I ii 1 ! I I I I I I I f--;E%EIYED I DCM WILMINGTON, NC j I JUN D ,2 ?n14 M LW — ML , REcktvfil I i ISM, 1�Y JUN 2 5 2bl4 i I I I I � I N Mi I ,y W WI 1 W o1`�I 1 vm W W W Iy W I v `+ y w •' W W W W W W W W W W I OU W .I IP I x3� i LO I I ti o I 3f.231 ui �I u1 N U) 7IP� - - '' S 36 03_27_4 99,91' (TIE LINE) :SK '— _ — — - I LOT 12 ... AREA ABOVE MHW 0.55 Acres I \ STAKE FOUND STAKE FOUNDA' LABELED POOL SETBACK LABELED POOL SETBACK A Y� O STAKE FOUND STAKE FOUND j LABELED HOUSE SETBACK LABELED HOUSE SETBACK W �I U) Nj g2 ;HEAD I F <t4r pyF �or� \f0 /j,ct fl v�l% RECEIVE®-, / LOG WILMINGTON, N� Jud 0 2 wtL Im ', da38. f�f+1u576� ►VL .'Rwi N r /'L'L 1 PO g10 J F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKEt Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box $68 Phone/Fax: (910) 266-306. Wrightsville Beach, NC 28480 email: e8y®msn.cor ' J A4K&&AECEiVED DCM WILMINGTON, NC JUlid o 2 ''A.14 RECEM sv�b JUN 2 5 2014 DCM-NMCrrY //z �� Iuvt 6116P fold 8VIZdr Lrn!E .,8V# FF,S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com 1'4f c s� � G � Pat McCrory Governor June 11, 2014 NCDENR North Carolina Department of Environment and Natural Resources yr, RECEIVED JUN 2 0 2014 John E. Skvarla, III Secretary Division of MEMORANDUM Coastal Management DCMM Crry JUN2014 TO: Heidi Cox Environmental Engineer Public Water Supply 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: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This,agency objects to the project for reasons described in the attached comments. SIGNED Q DATE (a I ZJ �t 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanaaementnet An Equal Opportunity \ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor RECEIVED Secretary June 11, 2014 JUN 20 2014 Division of Coastal Management ACM-M0CffY � MEMORANDUM: iol� TO: Dan Sams District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels 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 July 4, 2014. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED l ct,z Al , 6'L(,aPj DATE E.) Z1 z- �Zo ice_ 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opporlunily\Affirmative Acfion Employer RECOMMENDATIONS FOR Robert Peyton June 11, 2014 The total area of floating dock and platform was calculated as follows: Shoreline length = 102 ft. x 8 ft. = 816 sq. ft. allowable Proposed floating dock = 24 ft. x 10 ft. = 240 sq. ft. Existing covered gazebo platform = 16 ft. x 16 ft. = 256 sq. ft. Total = 496 sq. ft. The reconfiguration would continue to provide docking space for the total up to three (3) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. This office has no objection to the proposed work. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. 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. 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. 8. This permit authorizes a maximum of three (3) boat slips. At no time shall more than three (3) 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. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED Y JUN 17 2014 DCMMHDcrry Pat McCrory Governor June 11, 2014 Iri�l , All NC®ENR �ui�i f. s 2014 North Carolina Department of Environment and Natural Resources - - .John-E. Skgarla, III Secretary, Division of,Coastat 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 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Peyton Project Location: 8038 Bald Eagle Lane, adjacent to the AIW.W, in Wilmington, New Hanover Co. Proposed Project: to replace and expand the existing docking facility to accommodate 3 vessels Please indicate Ipelow your agency's position or viewpoint on the,proposed project and return this form to Jonathan Howell at the address above by July 4, 2014. If you have any questions regarding'the proposed project, contact Tara MacPherson at (910).796-7425 when appropriate; in-depth comments with supporting data'is requested. REPLY: This agency has no objection to. the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments SIGNED iJL-A(W , CQa�L DATE 127 Cardinal Drive Ext., Wirrungton, NO 28405 Phone: 910-7%&i215\FAX; 910-395-39ivi InIernel: mv.nccoasIaIman aaement.nel An eq :3 Qry'Aurt'I i AL, Mt. IE AaIC.1 E., yC�-; JUN 1 7 2014 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Robert Peyton c/o Ed Flynn, New Hanover County Date: August 28, 2014 Consi"stencv Determination: This project is consistent and not in conflict with the 2006 Wilmington -New Hanover County joint hand; Use Plan.update., The applicant proposes to replace the existing floating dock and add a boatlift which will expand the existing private docking facility to three (3) slips in the AIW W and Middle Sound. The project is located at 8038 Bald Eagle Lane in New Hanover County. Areas of Environmental Concerti (AEC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area (no resources). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File F d S Marine Contractors. Inc. P. 0 Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-256-3062 15 May 2014 NCDENR Wilmington, NC Capt. Ed Flynn Durwood Sykes email: efly@msn. com The enclosed CAMA Major Permit application for Mr. Robert Peyton, 8038 Bald Eagle Lane, Wilmington, A/C 28411, is to replace the existing floating dock with a new 10'x24' floating dock and add a boatlift. The fixed pier and gazebo are existing. A to to/ of three boat slips is proposed. The pier and docking facility is for the applicants family use. JUN 17 2014 nC.V.'N!!y ^ i V E D DCM WILMINGTON, NC Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs ON `NOIJNIINIIM WOO n=Ini=a-,asa DENR CAMA Daily Check Log for WIRO Date Received Check From Name) Name or Permit Holder Check Number Check amount Permit NumbadCommams NOTES 5/5/2014 McKim and Creed _ _ _ John D. & Pamela A. DeBell, Jr - Blair Booth 175924 $100.00 Transfer 76-97 _ _ 7771 $100.00 Minor mod. 114-13 _ _ 5/6/2014 _ _ Catherine Kell _ 10649 6909 3732 $497.00 $200.00 $250.00 NOV # 14-04D GP fee for 1211 canal Dr. SS MP appl. 7401 Masonboro Sound Road _ 5/7/2014 _ _ Grim Construction 5/8/2014 F and S Marine Contractors Inc _ _ Cory Williams _ 5/82014 Au ustus Paul �rt _ _ 171 61083 $200.00 $100.00 Minor permit 5/82014 Town of Carolina Beach _ 5/92014 Annette and Ronald Allen _ 4556 $600.00 GP 63220D 5/12/2014 McClure Builders Dennis Johnson 3470 _ $100.00 Minor Permit NTB 5/132014 Antinod Construction, Inc Ray & Sandra Duff 2925 -__ $200.00 GP 63185D 5/132014 Antinori Construction, Inc Seas _ 2921 ___ $400.00 GP 63184D 5/152014 -Ray F and S Marine Contractors Inc Desherbinin _ 3756 $200.00 GP 63286D reissue of 63135D _ _ _ _ 5/162014 NOS Inc. DS Paintiin & Home Improvements _ Sasser _ _ _ 7911 _ $100.00 Minor fee 4729 23rd Ave., NTB New Hanover County General Accl New_H_ anover Coun MOM 5475.00 1 Major permit fee, _Kum Beach Storm Damage Reduction_ _5/162014 5/16/2014 Register Place Estates HOA 1388 $200.00 GP 63287D _ 5/16/2014 Coastal Marine Piers & Bulkheads $200.00 $400.00 _ $400.00 $400.00 GP for 326 Wa nick GP for 242 Inlet Point Drive Major permit fee_,_ 133 Swordfish Dr., HB GP 63285D Minor permit fee, IOB GP 60690D GP 63905D GP 63907D GP 63906D 5/16/2014 Coastal Marine Piers & Bulkheads Willard BufBer _ _19547 195 88 5/212014 VCC, Inc Robin Sandifer 2901 80092 4/182014 _ _ ONWASA _ 5/21/2014 Town of Ocean Isle Beach _ _ 66764 _- _ $100.00 $400.00 _ $400.00 _ $400.00 $400.00 _ 5212014 Earl Johnson, Jr. _ 1380 _ 522/2014 JP Russ & Son, Inc. David Litz _ 28940 _ 5/22/2014 JP Russ & Son, Inc_ Barry Golob _ 28943 _ 5/22/2014 5/222014 JP Russ & Son, Inc. Mark Daveport 28942 _ JP Russ & Son, Inc__ Christopher Atkinson _ _ 28941 _ _ _ _ $400.00 GP 63904D GP 63256D GP 639030 ' 5/22/2014 Ricky Hewett Construction Mark McDonald 4245 $600.00 5/22l2014 Allied Marine Contractors, LLC Keith Ward Robert A. Woodin _ 6561 1059 _ $200.00 5l22I2014 East Coast Engineering & Suweying PC $400.00 GP 632600 5/22/2014 East Coast Engineering & Surveying PC Robert A. Woodin _ 1660 $200.00 $600.00 GP 632610 GP 63259 200 5/22/2014 John R. West Susan Noble Trustee 22146 Ned Bull 22146 GP 63258D@200 GP 63257 200_ - _ i Obem Pigg 22148 5222014 FBTS Homeowners Assoc Inc. Forest By The Sea 1618 $200.00 GP 62660D 5222014 VCC, Inc Jason D. Bowen 2902 $200.00 GP 639110 5222014 Pi in Marine Construction, LLC William McNulty 3045 $200.00 GP 63912D 522/2014 Southeastern Coastal Construction Co. Kelly Crumpler 9063 $100.00 Minor fee TB 14-06 523/2014 Carolina Marine Construction Inc Bridge Tender Marina 9026 $300.00 GP 63913 $200 I Weslport/Oak Landing 9026 minor mod 38-94 $100 _ 5/23/2014 Town of St. James St. James oystershell 'ect _.. 2768 $250.00 maiorpermit fee 5/23/2014 Overbeck Marine Construction Inc. Thomas Stout hton 4254 $200.00 GP 63914D 5232014 TI Coastal Service, Inc. Figure 8 Island 446 _18102 $475.00 major permit fee, Figure 8 Island 5272014 Saltwater Landing, LLC D.C. Lanier 1833 $200.00 GP 527/2014 Adam Brown/Rebecca Brown Estate of Rub S ivey $200.00 _ GP 1721 Caned Road, Wilmington 527/2014 RayMartin McGowan Progress Carolina_5603 $100.00 MP 293 mod. Request 527/2014 8 & K Marine Construction Robert McGirt 1137 $200.00 GP 632890 527/2014 B & K Marine Construction Priscilla Clark _ $200.00 GP 63288D 6/2/2014 Hon Construction & concrete LLC Jimmy Kato odis _1135 1057 $200.00 GP 63290D 6l2/2014 H & H Constructors, Inc. Mike Cook _ - 8052 $100.00 Minor fee, Onslow Co. communitypool NTB _ 622014 F & S Marine Contractors Inc Robert Peyton _- -3777 $250.00 major permit fee, NHCo., 8038 Bald Eagle Lane MAJOR PERMIT FEE SCHEDULE Robert Peyton / $250 / New Hanover Co. DCM % DWQ % Development Type ee 14300160143510009316266253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 I II. 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 eneral Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if eneral Water Quality Certification No. 3490 See attached can be applied: 5400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 t� itECEIVED JUN 17 7014 nrv.h,T rmr NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On June 2, 2014, Robert Peyton proposed to replace and expand a docking facility at 8038 Bald Eagle Zane, adjacent to the AIWW, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 4, 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. RBCMW UN 1 7 2014 DCV-tomC.rry "th RENEW North Carolina Department of Environment and Natural Resources Pat McCrory, Governor June 11, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 John E. Skvada, III Secretary Re: Division of Coastal Management Major Public Notice for Robert Peyton Kyle & Heather: Please publish the attached Notice in the Friday, June 13, 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 Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit & Customer Support Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Ronnie Smith - USACE Michele Walker- DCM RECEIVED r4i UN 17 2014 !)C,V C:TY 127 Cardinal Nve Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395.3964 Intemet www.nocoastalmanagement.net An Equal Oppftnily \ Affirtnatve Action Emgoyer CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 11, 2014 F & S Marine Contractors, Inc c/o Ed Flynn P.O. Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges that on June 2, 2014 we received your completed application, acting as agent for Robert Peyton, whereby you are requesting State approval for the development of property located at 8038 Bald Eagle Lane, adjacent to the AIWW/Middle Sound, in Wilmington in New Hanover County. The projected deadline for making a decision on your permit application is August 17, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 2, 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. Sin�ly, J 6 Tara MacPherson Field Representative cc: Jonathan Howell, DCM Ronnie Smith, USACOE Christine Bouffard, LPO JUN ] 7 20% 127 Cardinal Drive Ext., Wilmington, NC 28405 DC'.0 flm CITY Phone: 910-796-7215 \ FAX: 910395-3964 Intemet: www.ncooastalmanagement.net An Equal Opportunity \ Afimietive Action Employer N0T1(0'$1?j •. CAMA PERMIT � APPLIES FOR PROJECT: li F9 dace a ate to the AIWW, in Wilmington, New Hanover Co. COMMENTS ACCEPTED THROUGH _✓Wv 4. 2014 APPLICANT: Flynn Marine Contractors, Inc. P. . 1503c 868 ii[a=izt;Leii17:1��t•zIa�-��j� For: Robert Peyton FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. 1Nilmington, NC 28405 Tara MacPherson, Field Representative 910-796-7425 , 6. -!*,- oi z C/ AN, i aj� ;Vdt i ?E R P. . W"kr RECEIVED JUN 17 2014 nc'vW."DC1TV rized Af yy Bench 28M RECEIVED DCM WILMINGTON, NC iLLJ v 2,;AIL F-t C- C F- i V E D DCM WILMINGTON, NC Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2014 Jan 10 02-05 PM RE Excise Tax$1,gg0.00 Book: 5792 Page:2195 Fee: $26.00 Instrument Number.2014000818 Nonstandard Fee: $0.00 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 51.880.on Parcel identifier No- R03720-001-014-000 Vcnrjcd by County on the _ day of . 20_ By, Mail/Box to: Den Rizzo, Attorney, Post Office Box 2676, Surf City, NC 28445 This instrument was prepared by: Dan Rizzo, Attorney, Post Office Box 2676, Surf City, NC 28445 Brief description for the Index: LOT 12, Porter's Neck Plantation WrMOUrMTLEEXAMINATION THIS DEED made this - lath - - -- day of December W—U by andbcLw= GRANTOR D& K Investment Partners, LLC) A. Nar.(4. t c d6A 1255 Great Oaks Drive 1lw4 v-4-t-IT Wilmington,NC 28405 o7w' „ AQ'- Robert B. Payton and wife, Christopher D. Peyton 8309 Society Place Raleigh, NC 27615 Eater in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. _ 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. WITNPSSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof. submitted electronically by "Eugene a. Davis, Jr. P.C.- in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5683 page 1731 A8 or a portion of the property herein conveyed _ includes or 2L does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 33 page 65 R E C E I V,� NC Bar Acsocintion Fmn No. 301976. Revised 0 U112olo uCM WILMIN N, NC Printed by Agreement with the NC Bar Association .,fy "CEIVED 1vED 0 22014 JUN 17 2014 DCM WILMINGTON, NC JUN 0 2 ?014 DC!V.•'t!!!J C'.TY TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to easements, restrictions and rights of way of record, if any. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. D & K 1 vestn ent Pariners, LLC ( SEAL) (E y Name) Print/Type Name: B_v �I (SEAL) fid PrinVrype Name & Title: , 1 Si1i 1 tom_ Print/Type Name: Primlrype Name & Printfrypc Name & Title: Printfrype (SEAL) Prim/Type Name: Slate of - County or City of 1, the undersigned Notary Public of the County or City of and Slate aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of , 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name Slate of G RFM 0. - County or City of / 1, the undersigned Notary Public of the County or City of and Slate aforesaid, certify that _b0J1 L , G SfY1 I f h personally came before me this day and acknowledged that _he is the of D & K Investment Partners, LLC , a North Carolina e imitcd liability compan g , and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this_j� day of—Wani be Y , 2o13. Maura A. Patton My Commission Expires: Li NOTARY PUBLIC 11 fn I7q Notary Public New Hanover County Not. s Printed or T d Name (Affix Seal) North Carolina y' yPe MY Commission Expires State of County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of .20. *„' IM My Commission Expires: (Affix Seal) JUN 17 M4 NC Bar Assmatinn 14xm Mx 3 ® 1976, Revisal O I/1/?I)td V MTn C!TY Printed by Agreement wish the NC Bar Assoeialim Public Notary's Printed or Typed Name RECEIVE DCM WILMINGTON, N8CM WILMIN N, NC JUN 02 2014 n 2 ?pill All those certain lots of land, situaW and being in Hamett Township, New Hanover County, and described as follows: All of Lot Twelve (12) in Section D, Porter's Neck Plantation, according to the survey prepared by Henry Von Oesen, CE in November 1951, and recorded in the Office of the Register of Deeds ofNew Hanover County in Map Book 5 at Page 45. Also such title and interest as the parties of the first part have to that portion of land and water lying between the tot heretofore referred to and the Inland Waterway within the lines extending their property lines as shown on map above referred to, running at right angle to the road across the land, water, etc., to the edge of said Inland Waterway. Being a portion of the same property described in that certain warranty deed from George L. Cain, Trustee, et]. to Charles W. Worth and wife, Hilda B. Worth, recorded in Book 474, page 379, New Hanover County Registry. For additional reference see Deed Book 3147, Page 232; Deed Book 3147, Page 236, Deed Book 3195, Page 62; Deed Book 3195, Page 66; Deed Book 4957, Page 1802; Deed Book 4957, Page 1807; Deed Book 4970, Page 902, Deed Book 4970, Page 907; Deed Book 5262, Page 2489; Deed Book 5262, Page 2493; Deed Book 5262, Page 417, and Deed Book 5262, Page 421, a8 of the New Hanover County Registry. . For further additional reference, see that certain Executor's Deed from Julia Stickney Worth, as Executrix of the estate of Kilda B. Worth, to Julia Stickney Worth and Lucy Chadbourn Worth, successor co -Trustees of the Hilda B. Worth Revocable Trust Agreement dated July 27, 2001, recorded in Book 5444, Page 2806, New Hanover County Registry, and that certain Trustee's Deed from Julia Stickney Worth and Lucy Chadboum Worth, successor co -Trustees of the Hilda B. Worth Revocable Trust Agreement dated July 27, 2001 to Julia Stickney Worth. and Lucy Chadboum Worth, recorded in Book 5444, Page 2911, New Hanover County Registry. RECEIVED JUN 17 2014 93033 5 CITY RECEIVED C DCM WILMINGT r= VED r 2`ptfr DCM WILMINGTON, NC J JUN 0 2 ' pt�