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HomeMy WebLinkAbout3-14 MM 2015 Quinn, KimPermit Class MODIFICATION/MAJOR Permit Number 3-14 STATE OF NORTH CAROLINA Department 'of Environment and Natural Resources and Coastal Resources Commission . Permit for X , Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Kim Quinn PO Box 336 Kenansville NC 28439 Authorizing development in Pender County at adi. to Topsail Sound, 804 Channel Blvd., Topsail Beach as requested in the permittee's application dated 3/23/15 (MP-1) and 3/12/15 (MP-2) 3/10/15 incl attached drawings (3)1 of 3 dated revised 1.2/3/13 2 of 3 dated 10/6/14 and 3 of 3 dated 10/14. This permit, issued on Angust 7, 2015 , 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'aotion; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management,.in consultation with appropriate resource agency personnel. 2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) No excavation shall take place outside of the alignment of the area indicated on the attached. workplan drawing(s). 1 (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty. (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when,, the permit expires on December 31, 2018 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. �/L�j Braxto avis, Director /'_Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Kim Quinn Permit No. 3-14 Page 2 of 3 AbbiTiONAL CONDITIO.NI ' 4) No Vegetated wetlands shall be excavated or filled, even temporarily. r . Sired Disposal 5) All excavate3 materials shall b . gonfiped above normal high water and landward of regularly or irregularly: oo,ded.-Coastal Wetland§ bAind adequate dikes or other retaining structures to prevent spillover of-s�plid's into 4ny marsh or surrounding waters. 6) The spoil disposal area shall be jnspected:and approved by a representative of the Division of Coastal Managerneit prior to `the commencement of any dredging activities. 7) No spoitmaterial is to be..placed within'30 feet of the normal high water line. Maintenance Clause 8) The Divisioh of Coastal:` Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number�oftlie original permit. B. A statement that no dimensional changes are.proposed.., C. A copy. of,the 6rigihal.permit plans with cross -hatching indicating the area to be maintained, the area .tp be used for. spoil disposal, and the estimated amount of material to be removed. The locatign,.. design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior_to the initiation of any maintenance dredging activities. D. The, date of map reyisioh and the permittee's signature shown anew on the original plan. Sedimentation and Erosion Control 9) All disfgibed, areas shall be: properly graded and provided a ground cover sufficient to restrain erosion withirr30-.working days of project completion. General 10) The_permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled'i compensation for damage to the authorized structure or work, or injury which may be Paused from existing or future operations undertaken by the United States in the public interest. 12)' •This Major Modification shall be attached to the original'of Permit No. 3-14, which was issued on 1/9/14, as well'a§.the: Minor Modification of 5/12/14, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. Kim Quinn Permit No. 3-14 Page 3 of 3 ADDITIONAL CONDITIONS. 13) All,eonditions and stipulations of the active* permit remain in force under this Major Modification unless specifically altered herein. " NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals "or authorization that may be required. NOTE: The U.S.'Army:Corps of Engineers assigned the proposed project Action ID No. SAW-2013- 02377. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- 20131285v2. NOTE: Fututa.,development of the _permittee's property may require a modification of this permit. Cc taut a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities -are not authorized within 30 feet of the normal high water level. NOTE An application processing fee of $415 was received by DCM for this project. This fee also satisfied the Section 401 -application processing fee requirements of the Division of Water Resources. NICE ■F1 APPLICATION for Major Development Permit (last revised 12127106) --r North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Na Project Name (if applicable) 804 Channel Blvd CAMA 03-14 Modification Applicant 1: First Name Kim MI Last Name Quinn Applicant 2: First Name MI Last Name It additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box 336 Kenansville NC PO Box 336 City Kenansville State NC ZIP 28439 Country USA Phone No. 910-290-1007 ext. FAX No. Street Address (if different from above) City State ZIP Email kim@kmq-inc.com 2. Agenti"Contiactorinfonnatlon Business Name Agent/ Contractor 1: First Name Gary MI Last Name Ange Agentl Contractor 2: First Name MI Last Name Mailing Address 107 Candlewood Dr PO Box City Wallaca State NC ZIP 28466 Phone No. 1 910 - 547 - 2955 ext. Phone No. 2 eXCEIVED FAX No. contractor # APR 2 2 101 Street Address (if different from above) City State ZIP Email gary@kmg4nc.com <Form continues on back> RECEIVED DCM WILMINGTON, NC 5 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pender 804 Channel Blvd Subdivision Name State Zip NerlhispseiFBeeeh lZaallBeach NC 28445- Phone No. Lot No.(s) lif many, attach additional page with list) 910 - 547 - 2955 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin Topsail Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Topsail Township 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 69.5' 6360 Sq Ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Size Varies, I I NWL (normal water level) (ff many lot sizes, please attach additional page with a list) ®NHW or❑NWL e. Vegetation on tract Long Grass, Ornamental Landscape f. Man-made features and uses now on tract Residence, Bulk Head, Docking Facilities RECEIVE g. Identify and describe the existing land uses adiacent to fhe proposed project site. APR z �� Residential iowol"Poi h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? B1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No DNA National Register listed or eligible property? <Form continues on next page> ti RECEIVED DCM WILMINGTON, NC 252-808-2808 :: ri-888.4RCOASl .: www.nccoastalmanagement.net 2015, Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe wasting wastewater treatment facilities. Municipal Water, Nitrification, Low Pressure Septic System/Pump Tank located on the east side of Channel Blvd Lot 3 Block 12 o. Describe epsbng drinking water supply source. Municipal Water p. Describe wristing storm water management or treatment systems. NA 5. Activities and impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublicJGovemmerd ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Personal Use Dock, Residential Owners c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical Marine Construction d. List all development activities you propose. Dredging e. Are the proposed activities maintenance of an epsbng project, new work, or both? New Work f. What is the approtdmate total disturbed land area resulting from the proposed project? <1.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, pudic accessway or other area []Yes ®No []NA that the public has established use of? h. Describe location and type of ebsting and proposed discharges to waters of the state. RECEIVED NA APR 2 2 10 l0vw°Mr13 EI i. Will wastewater or storawater be discharged into a watland? [--]Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ®No ❑NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC APR 0 7 ?nfI 252-808-2808 www. nc coasta l management. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adianna Cowan Phone No. 540 840-3137 Address 27472 Strawberry Hill Rd Rhoadsville, VA 22542 Name Historical Society of Topsail Island, Marcia Hamilton Phone No. 910 358-1298 Address PO Box 2645 Surf City NC 28445 Name Plane No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penni8ee, and issuing dates. CAMA 03-14 h. Signed consultant or agent authorization forth, 9 applicable - I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certiifcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date-IM&2015 Print Name Kim Quinn Signature RECENED APR 2 2 2015 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-MHD CITY ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information DCM RECEIVED ON, NC 15 252-J08-2800 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 42' Width 42' Avg. Existing of— I->' NA NA Depth Final Project Depth -2.0, -4.0 NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand 25 c. (i) Does the area to be excavated include coastal wettandslmarsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: Usable Docking Facilities 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. 916 S Anderson -Quinn Property 75'-50' C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting pennission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of disposal in these areas: All fill to remain outside of wetlands f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA RECEIVED (ii) If yes, how much water area is affected? APR 2 2 2015 061W�-")JD CITY RECEIVED DCM WILMINGTON, NC APR 0 7 2015 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanagement.net revised: 12/26106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) I SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. c. Average distance walerward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: _ d. Maximum dislanoa waterward of NHW or NW L: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes [-]No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTMTIES ®This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area _ (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (S6), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construc controlled? baekhoe, or hydraulic Silt Fencing C. (i) Will navigational ads be required as a result of the project? []Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. Typical Marine d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. OF , 3-12-2015 Kim Quinn Date Applicant me 804 Channel CAMA 03-14 Modification (`o CITY Applicant Signat Project Name RECEIVED DCM WILMINGTON, NC n DD n 7 9015 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12126106 /; ��_- 1 NYOY —,s CAMA MAJOR PERMIT APPLICATION eee T O P S A I L S O U N N D FLOW 1200IFT To BANKS CHANNEL .. -.- ---- ---- - - -- AREA CALCULATM: 1 21i0 ! _ j Scaled In = 30 FT TOTAL COVERED �-- AREA 836 Sq FT 1 22'S 15'9 --1 Date: November 22, 2013 i - f 1 - TOTAL COVERED 8'-I-172 ,_.---' MINUS FLOATING I _ DOCK 5005F ! _ #a, LW ! '. TYRTOYRROAT.wn nRHWWATM _ I--�' 1 OMSDE WE 000KUNEOFEMMING imcl Lam lum UNEOFEN" YIILNfFAONREF/ w FOOT i1RSR 10 BOULEVARDQUINN CMANNEL `e ]51 pE El RECFPVELn CCM'W!LMfNGTQN, NC D E C 0 3 2013 802 ASSE11DLY DDILDING PROPOSED DOCK FOR KIM QUINN 804 CHANNEL BLVD, TOPSAIL BEACH NC S&Z4rl 2015 0101,14 4ECEI ED M TON, NC APR 0 7 2015 r it DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: August 20, 2015 Regulatory Division Action ED No. SAW-2013-02377 and State Permit No. 3-14 Kim Quinn Post Office Box 336 Kenansville, North Carolina 28439 Dear Kim Quinn: Reference your application for a Department of the Army permit to perform new dredging in a 42-foot by 42-foot area surrounding a previously authorized docking facility, in navigable waters of the United States, within Topsail Sound, at 804 Channel Boulevard, in Topsail Beach, Pender County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED AUG 2 6 208 0;�N+yW'�) C" 1* N -2- Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4049. Sincerely, A-� 4��t Liz Hair Regulatory Project Manager Enclosures Copies Furnished (without enclosures): Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED AUG, 2 6 2015 V Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 -3- a Cu"JM AUG 2 � 1015 N N 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at h"://www.fws.gov/ne-es/mammal/manatee guidelines pdf. 2. Dredging is not authorized between April 1- September 30, in order to project juvenile shrimp and fmfish from dredge -related sedimentation and entrainment. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. RECEIVED AUG 2 6 2015 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 10, 2015 Kim Quinn P.O. Box 336 Kenansville, N.C. 28439 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, _... _ D glas V. Hugge� Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity /Affirmative Action Employer P� u5� P6' �v PZ0 d CVh D wR WQC - mcli;(4 OVfnO uSACF - T (pr- C/'vrndG� Permit Class RENEWAL Permit Number 106-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vertuft 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 Les Weaver Develo went O Box 528 Avon NC 27915 Authorizing development in Dare County at on at 39214 Pompano. in Avon. as requesteKin the permittee's application This permit, issued on August 3.2015 i object to com ance with the application (where consistent with the permit), all applicable regulations, special conditions notes s forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the nnXto be null and void. 1) This renewal shall be attached to the original of copies of both documents shall be readily avail the project for compliance. tit No. 106-08, which was issued on 7/8/08, and on site en a Division representative inspects 2) All conditions and stipulations of the permit remain in fo%e under this renewal unless specifically altered herein. NOTE: A permit renewal applica ' n processing fee of $100 was received by M for this project. This permit action may be ap ealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within enty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on June 24, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Rim Quinn PROJECT NAME: 03-14 Major Modification COUNTY: Pender LOCATION OF PROJECT: 804 Channel Blvd, adjacent to Topsail Sound, in Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-10-I5 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail n DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 4-18-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNE TO: U� C) 75 DAY DEADLINE: MAIL OUT DATE: 4-16-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: 9,ILMINGTON FEE REC'D: 75 END OF NOTICE DATE: 5-9-15 DEED REC' ON: 150 DAY DEADLINE: STATE DUE DATE: 5-9-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) V/ Division of Water Resources (401) Storm Water Management (DEMLR) t/ State Property Office Division of Archives & History Division of Environmental Health N 3e- is Division of Highways ti. R-IS t/ Wildlife Resources Commission C/. g- tS �/ Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers QW`S 5-1-13 V,. Recommendations for State Permit — Kim Quinn — CAMA/D&F CAMA Major Development Permit Modification. The proposed excavation within the area around the existing docking facility appears to be CONSISTENT withl5 NCAC 07H.0208 (b)(1) and (2). This office has no objection to the proposed work provided that it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: 1. In order to protect juvenile shrimp and fmfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation shall not exceed -6.0' below NLW. 3. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material shall be placed at any time, in any marsh or surrounding waters 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 6. All spoil material shall be placed at least 30' from mean high water. 7. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 8. The spoil area shall be inspected prior to beginning work by a DCM Representative. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. 11. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. RECEIVED APR 2 2 2015 ®aenar M& euv Huggett, Doug From: Huggett, Doug Sent: Sunday, June 21, 2015 2:18 PM To: Coburn, Chad; Steenhuis, Joanne Cc: Gregson, Jim; Huggett, Doug Subject: CAMA projects Hi All Hope you are doing OK. As you may know, I am handling all LAMA major permitting right now, with both Jonathan Howell and Daniel Govoni having taken other jobs within DCM as of June 1� . So for the time being, could you send all CAMA-related permitting correspondence to me. I will let everyone know when I get new staff on board. Also, I'would like to ask for a status update on the following two projects (I apologize if comments on one or both of these were already e-mailed to Jonathan, but he never got them into the files, so if you could re -send those to me, I would appreciate it). Kim Quinn, Pender Clark and Denison —NHC As always, if I can answer any questions or provide any additional information, please don't hesitate to let me know. Thanks Doug MEMORANDUM To: Doug Huggett From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Kim Quinn - Topsail Beach, Pender County Date: June 22, 2015 Consistency Determination: This project is consistent and, not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to excavate an area around/beneath the existing docking facility. The project is located at 804 Channel Blvd., adjacent to Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. Waters at the site are classified as SA and are open to shell fishing. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Developed/Conservation. In general, the Topsail Beach Land Use Plan allows development in Developed/Conservation classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the Topsail Beach Land Use Plan Update. Cc: File / x w CO (Sent via Electronic Mail) UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 263131h Avenue South St. Petersburg, Florida 33701-5505 http,./Isero.nmfs,noaa.gov June 26, 2015 Colonel Kevin P. Landers, Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Liz Hair Dear Colonel Landers: F/SER47:FR/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID No. SAW-2013-02377 dated May 22, 2015. Kim Quinn proposes new dredging in Topsail Sound adjacent to an existing docking facility located at 804 Channel Boulevard, in Topsail Beach, Pender County. The proposed project area is open to shellfish harvesting but not within a Primary Nursery Area. No submerged aquatic vegetation has been reported in the area. The Wilmington District's initial determination is the proposed project may adversely affect essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or the NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicant proposes to excavate an area around and beneath an existing docking facility. As proposed, the dredge footprint would measure approximately 42 feet by 42 feet and the final depth would be -4.0 feet normal low water (NLW). The North Carolina Department of the Environment and Natural Resources (NCDENR) lists the proposed depth of -6 feet NLW, which may be a typographical error. Dredged material from the proposed project would be hauled to a property owned by the applicant, which is devoid of any wetlands. The permit application does not address how dredged material would be dewatered and transported to temporary holding and final disposal areas. Impacts to Essential Fish Habitat The proposed dredging would disturb approximately 1,764 square feet of shallow bottom habitat. The SAFMC identifies shallow sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, white shrimp, and gray snapper. The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC provides detailed information on the EFH requirements of species it manages in amendments to fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The MAFMC designates tidal creeks and estuarine waters as EFH for summer flounder and bluefish. Detailed information about the EFH requirements of species managed by the MAFMC are included in amendments to individual fishery management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center2. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes and sharks). As an impact minimization measure, the NCDENR has recommended a moratorium on excavation from April 1 through September 30 to protect juvenile shrimp and finfish from dredge -related sedimentation and entrainment. The NMFS supports this recommendation. EFH Conservation Recommendations Section 305(B)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should not allow dredging deeper than to -4.0 feet NLW, which is the depth listed in the Public Notice. The permit should not allow effluent from the dewatering of dredged material to enter estuarine waters unless the permit requires best management practices (BMPs) to limit sedimentation in and near shellfish beds. These BMPs should also include dewatering that may occur while the dredged material is being transported to holding and final disposal areas. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" between the NMFS and the Wilmington District, an interim response should be provided to the NMFS. A detail response must then be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is inconsistent with the EFH conservation recommendations, the District must provide a substantive discussion justifying the reasons for not following the recommendation. The detail response should be received by the NMFS at least ten days prior to final approval of the action. Available at ivivw.safmc.net. Z Available at iviviv.nefsc.noaa.gov/nefsc/habitat/ejW.. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 838-0828 / for cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncmail.net NCDCM, Gregg.Bodnar@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov F/SER47, Fritz.Rohde@noaa.gov Sincerely, / / %aanc�jzC Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATMMON OF: June 30, 2015 Regulatory Division Action ID No. SAW-2013-02377 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Kim Quinn to perform new dredging in a 42-foot by 42-foot area surrounding a previously authorized docking facility, in navigable waters of the United States, in Topsail Sound, at 804 Channel Boulevard, in Topsail Beach, Pender County, North Carolina. The property currently has an existing residential home, bulkhead, pier, platform and floating dock. The plans propose to excavate approximately 1,764 square feet of shallow bottom habitat to a final depth of -4.0, relative to normal low water (NLW) and will begin approximately 8-10 feet from the existing bulkhead and span westerly towards Banks Channel. The dredging method was not specified in the application. Additionally, the applicant proposes to dispose of the dredged material in uplands located at 916 South Anderson Street in Topsail Beach, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htip://www.fws.pov/nc-es/mammal/manatee guidelines.pdf. 2. Dredging is not authorized between April 1- September 30, in order to project juvenile shrimp and finfish from dredge -related sedimentation and entrainment. RECEIVED JUL 0 6 2015 119a 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the perm�kCEivEo JUL 0 6 2015 H4iA6-MA/ib! E:llM -3- area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, & 0 eS Liz Hair, Project Manager Wilmington Regulatory Field Office Copy Furnished Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 RECEIVED JUL 0 6 2015 dam+-"H'A 45" -4- Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Joanne Steenhuis Division of Water Resources North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 f?FCEIVEo JUL 0 6 2015 Gk:Nh�1NMy �kH Y�Ic6E R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 1, 2015 DWR Project q 20131285 V2 Pender County Kim Quinn �� T O M N O PO Box 336 Kenansville, NC 28439 Subject Property: 804 Channel Blvd., Topsail Beach A CAM PERMT Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Quinn: You have our approval, in accordance with the attached conditions and those listed below to dredge approximately 1,764 square feet around and underneath the existing docking facility, as described in your CAMA application dated April 16, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on April 16, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when Issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\Internet: www.ncdenr.gov An Equal Opportunlg1Nf"Ua Action Employer-Madoin padby recyded paper Kim Quinn DWR Permit N 20131285 V2 May 1, 2015 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. (15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific, project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. (15A NCACO2H .0506 (b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f), and G5143 Article 21A]. Kim Quinn D W R Permit k 20131285 V2 May 1, 2015 Page 3 of 4 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 1SA NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.org/web/wg/swp/ws/401/certsa ndpermits/a pply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and Its conditions are final and binding unless contested, This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing,a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at.(919) 431-3000 for information. Within -sixty (60) calendar days of receipt of this notice, a -petition must be filed'with-the OAH. A petition is considered filed-whe❑ the original and one (1) copy along with any a ffplicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Kim Quinn DWR Permit H 2O131285 V2 May 1, 2015 Page 4 of 4 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 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 Jennifer Burdette in the Central Office in Raleigh at 919,807.6364 or Jennifer.Burdette@ncdenr.govJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 orJoanne.Steenhuis@ncdenr.gov. Sincerely, Ji Gr gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: GaryAnge— electronic copy Liz Hair- USACE Wilmington Regulatory Field Office — electronic copy Jason Dail — DCM Wilmington — electronic copy Jennifer Burdette —Wetlands and Buffer Unit Jonathan Howell - DCM Morehead City —electronic copy WIRO it Huggett, Doug From: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> Sent: Friday, May 22, 2015 3:00 PM To: Michael.A.Davis@uscg.mil; Huggett, Doug; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov, Pete_Benjamin@fws.gov; Tiffany.AJohnson@uscg.mil; bowers.todd@epa.gov; evelynn.b.samms@uscg.mil; Fritz.rhode@noaa.gov, John ellis@fws.gov; Gledhill-earley, Renee; Horton, James T SAW; poden.p.pedrus@uscg.mil;john.r.walters@uscg.mil; Steenhuis, Joanne, Scott.D.McAloon@uscg.mil; Derek.J.Burrill@uscg.mil; Howell, Jonathan; Owens, Jennifer L SAW Subject: SAW-2013-01747/ Kim Quinn/Topsail/CAMA Major GP 291 (UNCLASSIFIED) Attachments: eCAMA application and Bio report.pdf, SAW-2013-02377 Kim Quinn Topsail ePN.pdf; scanned plans .pdf; kim quinn.kmz Classification: UNCLASSIFIED Caveats: NONE All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by June 22, 2015. The applicant proposes new dredging in Topsail Sound, adjacent to an existing docking facility located at 804 Channel Blvd, in Topsail Beach, Pender County, North Carolina. Coordinates in Decimal Degrees are: 34.367094 N - 77.630184 W. The project plans propose to excavate a 42 foot X 42 foot area to a final dredge depth of -4.0 feet which would begin approximately 8-10 feet from the existing bulkhead and span westerly towards Banks Channel. Approximately 130 cubic yards of material would be removed from below normal high water (NLW). Existing water depths along the eastern side of the proposed basin range from approximately -1.5 feet to -2.0 feet at NLW and western portions average approximately -7.0 feet at NLW. The proposed dredging would disturb 1,764 square feet of shallow bottom area. The dredged material would be placed on the applicant's lot at 916 S. Anderson Blvd., in Topsail Beach, NC. The disposal site contains 404 wetlands. As described in the application, the area designated for disposal is located outside of the 404 wetlands. Please see the attached field investigation report and the application for more detailed information concerning the proposed project. A copy of the applicant's permit application and plans are attached. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Water depths within the vicinity range from -2.0 feet to -7.0 feet, relative to NLW. The proposed dredging footprint is contained within a 42 foot X 42 foot area to a depth of -4.0 feet, relative to NLW. The proposed project area is not designated as PNA. Topsail Sound is open to shellfish harvesting. No SAV's were observed within the project area. w. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on the available information, the Corps determine that the project will not affect any species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by June 22, 2015. Liz Hair Regulatory Project Manager U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 phone:910-251-4049 email: sarah.e.hairCuusace.armv.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" Classification: UNCLASSIFIED Caveats: NONE Pat McCrory Governor April 16, 2015 A 4F'�A NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary RECEIVED Division of Coastal Management APR 2 0 2015 MEMORANDUM Tim Walton DOA State Property Office STATE PROPERTY TO: Department of Administration OFFICE 1321 Mail Service Center Raleigh, INC 27699-1321 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This�agency has no objection to the project as proposed. Ya�t�� ✓ This agency has no comment on the proposed project. � r arj This agency approves of the project only if the recommended changes 9 Y PP P 1 Y 9 +J are incorporated. See attached. W-5 This agency objects to the project for reasons described in the attached comments. SIIGNED'�t, DATE ' 1 C. Di 'sion of Coastal Management 'zECEiVED 127 C a Dr ve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastaimanaoement.net MAY 13 1015 q Opportunity\ Affirmative Action Employer An Equal p y krl , NCDENR North Carolina Department of Environment and Pat McCrory Governor April 16, 2015 Division of Coastal Management MEMORANDUM: ,>Leve, AkS r Natural Resource n Donald R. van der Vaart Secretary APR b@ WN�s/on 6Of 2pr5 Ro '%bl aka, `800, iys C ✓. nFj /n 51)pPIy-6t/l2o FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 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 1 S RECEIVED N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer MAY 0 7 1015 F.27. 4-Nh1 i�C D�ut a;�,�, Vo. �4 2 IJ 1 m Pt4cr 7O 0 DISTRICT 1 Cyz;'T 4 20 IS APR 20 7015 NC DEE R North Carolina Department of Environment and Natural Resource Pat McCrory Donald R. van der Vaart Governor Secretary April 16, 2015 Division of Coastal Management MEMORANDUM. Robert Vause NCDOT (ONIPN) TO 295-A Wilmington Hwy. Jacksonville, NC 28540 Courier 11.03-31 FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT CAMA /D&F Permit Application Review Applicant: Kim Quinn 03.14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area aroundibeneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 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. rJ u SIGNED _ DATE l k2- N.C. Division of Coastal Management 127 Cardinal Drive E%r., Wilmington, NC 28465 RECEIVED Phone. 913.796-72151 FAX: 919-395.39641memeC www.nocoasialmanagemenl net M EpW OppwWn,y � Afrmwi ACM Fmpinyw APR 29 2015 W4"-1W mw tilt, Pat McCrory Governor r NCDENR North Carolina Department of Environment and Natural Resource c.1S.aL.-2-0.0 r Donald R. van der Vaart Secretary April 16, 2015 pQR Zp15 Division of Coastal Management C�V� MEMORANDUM: Maria Dunn NC Wildlife Resources Commission X TO: 943 Washington Square Mall 6 Washington, NC 27889 8C 9 S i7 Courier 16-04-01 FROM: Jonathan Howell, NC DENK-UCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /D&F Permit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED ✓ This agency has no comment on the proposed project. APR 2 8 This agency approves of the project only if the recommended changes WPrny"met, ry are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDZ� I I DATE `i-24-IZ)1 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641ntemet www,nrcoastalmanagement.net An Equal Opportunity 1 Afinnative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 16, 2015 Division of Coastal Management MEMORANDUM: TO: �� � Donald R. van der Vaart i' Secretary AAR , G FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / D&F Permit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 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 me -it 17 2-015 RECEIVED N.C. Division of Coastal Management APR 2 7 29b 127 Cardinal Drive Ext., Wilmington, NC 28405 pbNN twnw am Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Oppodunity 1 AfirmaAve Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor Donald R. van der Vaart Secretary April 16, 2015 ECEIVE Division of Coastal Management APR 16 2015 MEMORANDUM: TO: c eHt c5co aEM� FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /D&F Permit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 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. SIGNEDACI DATE 2ECEIVED N.C. Division of Coastal Management APR 2 7 2015 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3984 Internet: www.nocoastalmanaaement.net " b" ' �� br,: An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor April 16, 2015 Division of Coastal Management MEMORANDUM: TO: Jeremy Humphrey - WiRO for Shannon Jenkins NCDENR / Shellfish Sanitation Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA/D&FPermit Application Review Applicant: Kim Quinn 03-14 MM Project Location: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Fender County Proposed Project: to excavate an area around/beneath the existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by May 9, 2015. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7221 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. yX1__`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 Z-f ! CI 4f � (� te�C Division of Coastal Management RECEIVED 127 Cardinal Drive Et., Wilmington, NC 28405 APR $ 0 10 Phone: 910-79&72151 FAX: 910-395-39641ntemet www.nocoastalmanagement.net An Equal Opporlunq 1 Atfirmafive Acbm Employer sgM-WE) Crry DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kim Quinn c/o Gary Ange 2. LOCATION OF PROJECT SITE: 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County. Photo Index— 2006: 25-6588, L, 20 2000: 25-324, L-M, 5 1995: 25-307, K-L, 17 State Plane Coordinates - X: 2979497 Y: 1507413 GPS — N120309A Lat:34°22'02.177"N Long:77°37'49.484"W 3. INVESTIGATION TYPE: CAMA/D&F - Major Development Permit Modification 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/14/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete — 4/10/15 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Topsail Beach Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic System Planned - None (F) Type of Structures: Existing — Residential home, bulkhead, pier, platform and floating dock. Planned — No structures, dredging only (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 1,764 sq. ft. (Open water (C) Other — High ground 3,750 sq. ft. VED (D) Total Area Disturbed: 5,514 sq. ft. (0.12 acres) APR 2 2 20b (E) Primary Nursery Area: No hrxs: uuriw �µt (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to excavate an area around/beneath the existing docking facility. Kim Quinn — CAMA/D&F Major Development Permit Modification Page Two 9. PROJECT DESCRIPTION: Gary Ange, on behalf of Kim Quinn, has requested a Major Development Permit Modification to CAMA permit No. 3-14. The subject property is located at 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Tom right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. /NC 50 and travel approximately 6.1 miles to Maritime Way and turn right. Travel approximately 0.10 miles on Maritime Way to the first left which is Channel Blvd. Turn left onto Channel Blvd. and travel approximately 0.2 miles and the subject property will be located on the right. The applicant currently maintains a single-family residence on the property. Existing man-made features include a residence, driveway, bulkhead, pier, platform and floating dock. The high ground portion is elevated approximately 4' above the normal high water (NHW) level. Vegetation on the tract consists of lawn grasses and ornamental landscaping. There are no Coastal or "404" type wetlands, on, or adjacent to the subject property. The property has approximately 69.5 linear feet of shoreline which is stabilized by an existing vinyl bulkhead. Water depths in the vicinity of the existing water dependent structure(s) range from -2.0' to -7.0', relative to normal low water (NLW). Residential properties border the site to the south and east, Topsail Assembly building to the north and Topsail Sound to the west. On January 9, 2014, the applicant was issued CAMA Major Permit No. 3-14 for the construction of a docking facility at the subject property. On May 12, 2014, CAMA Major Permit No. 3-14 was modified (minor) for the installation of a floating jet -ski lift at the subject property. To date, all work associated with the previously issued permits has been completed. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff in the beginning of 2015, there does not appear to be any Submerged Aquatic Vegetation (SAV) within the proposed dredged footprint. RECEIVED PROPOSED PROJECT: APR 9 9,, 1015 The applicant is requesting approval to excavate an area around/beneath the existing docking facility. ZpropoAe dredge footprint would measure approximately 42' x 42', to a fmal dredge depth of -4.0', relative to normal low water (NLW). According to the applicant's agent, shoaling has occurred in the area of the existing docking facility and existing conditions are limiting the dockage of the owner's vessel (primarily due to the vessels size - approximately 45' in length). The applicant intends to dredge a square shaped basin that would encompass the existing docks located on the property. As shown on the attached workplan drawings, the dredge footprint would start approximately 8%10' from the existing bulkhead, and span westerly (towards banks channel). Existing water depths along the eastern side of the proposed basin measure approximately -1.5' to -2.0' (@ NLW) and the western portions average approximately -7.0' (@ NLW). The applicant proposes to tie into the deeper portions of Banks Channel and terminate the project at the - 6.0' (@NLW) contour. As projected, approximately 25-30 cubic yards of material would be excavated from the area surrounding the existing docking facility. Spoils generated from the proposed project would be hauled (presumably by road) to 916 S. Anderson Blvd., in Topsail Beach, NC. As it happens, the applicant owns the property referred to as the "disposal site", and has suitable land available for spoil deposition at this location. A 50' x 75' area has been designated for the material. According to the attached wetland delineation map, the area of deposition is void and any wetlands. Kim Quinn — CAMA/D&F Major Development Permit Modification Page Three 10. ANTICIPATED IMPACTS: The proposed dredging/excavation would disturb approximately 1,764 sq. ft. of shallow bottom area. Minor increases in turbidity should be expected during the dredging event; however no long term adverse impacts are anticipated. Spoil disposal would disturb approximately 3,750 sq. ft. (0.08 acres) of high ground at 916 S. Anderson Blvd. Sedimentation and erosion control structures would be installed to prevent transport of material off the property. As proposed, it appears that the dredging and disposal activities would not impact coastal wetlands, SAVs or PNAs. Submitted by: Jason Dail Date: April 15, 2015 Office: Wilmington RECEIVED APR 9 2 2015 APPLICATION for{-p Major Development Pernik (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. PrimaryApplicant/ Landowner Information Business Name Na Project Name (if applicable) 804 Channel Blvd CAMA 03-14 Modification Applicant 1: First Name Kim MI Last Name Quinn Applicant 2: First Name MI Last Name if additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box 336 Kenansville NC PO Box 336 City Kenansville State NC ZIP 28439 Country USA Phone No. 910-290-1007 ext. FAX No. - Street Address (d different from above) City State ZIP Email kim@kmg4nc.com 2. 'Ageot/Contractorinformation` Business Name Agent/ Contractor 1: First Name MI Last Name Gary Ange Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 107 Candlewood Dr Wallaoa NC ZIP Phone No. 1 Phone No. 2 28466 910-547-2955 ext. eXCEIVED FAX No. Contractor # APR 2 2 2015 Y^ street Address (if ddferent from above) City State Zip Email gary@kmq-inc.com Donn continues on back> RECEIVED DCM WILMINGTON, NC I<6waa HI it 47 GVl5 252-008-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. If Pander 804 Channel Blvd Subdivision Name City State Zip McR}r�Reaeh Topsail Beach NC 28445- Phone No. Lot No.(s) (if many, attach additional page with list) 910-547-2955 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin Topsail Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Topsail Township 4: Site Description a. Total length of shoreline on the tract (ft) b. Size of entire tract (sq.ft) 69.5' 6360 Sq Ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Size Vanes, I I NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) ®NHW or ❑NWL e. Vegetation on tract Long Grass, Ornamental Landscape f. Man-made features and uses now on tract Residence, Bulk Head, Docking Facilities RECEIVE g. Identify and descdbe the existing land uses adiacent to the proposed project site. APR 2 2 20, Residential mt'mvrvm IQ h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? B1 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a cepy. []Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> Its RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nc coasta lma nagement. net AN Q) 1 2015, Form DCM MP-1 (Page 3 of 4) APPLICATION for 'Major Development enni m. (I) Are them wetlands on the site? - ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes ®No . (iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal Water, Nitrification, Low Pressure Septic System/Pump Tank located on the east side of Channel Blvd Lot 3 Block 12 o. Describe existing drinking water supply source. Municipal Water p. Describe existing storm water management or treatment systems. NA 5. Activities and,lmpkts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Personal Use Dock, Residential Owners c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical Marine Construction d. List all development activities you propose. Dredging e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? <1.0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. 1 (. I ED NA APR 2 2 201- 0Rivi.."N9 C.,I I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No []NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ®No ❑NA j. Is there any mitigation proposed? - []Yes ®No ❑NA If yes, attach a mitigation proposal. y <Form continues on back> RECEIVED DCM WILMINGTON, INC APR 0 7 V 252-808-2808 :: 1-888.411COAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. -Additional^information In addition, to this completed application form, (MP-1) the following item i below if applicable, must be submitted in order for the application - package to be complete: Items (a) = (0 are always applicable to anyrmla or development application.'Pleasticonsult 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 between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims titre 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. ";NameAdianna:Cowan ., - "'; -'`- Phone No. 540840-3137 Address 27.472 Strawberry Hill Rd Rhoadsville, VA 22542 - s Name Historical Society of Topsail Island, Marcia Hamilton Phone No. 910 35&1298 Address PO Box 2645 Surf City NC 28445 ,.Name ,. , , .zt . .:...:'Phone No. :... Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, perrnittee, and issuing dates. CAMA 03-14 h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development aescnoee in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date.2015 Print Name Kim Quinn j Signature `� RECEIVED APR 9 2 2015 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-M8D CITY ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information DCM WILM NIGTON, NO APR 252-808-2808 :: 1-888-4RCOAST t: www.nccoastaimanagement.net Form DCM MP-2 (Excavation and Pill, Page 2 of 2) 3.- SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP74 — SYructure_s). a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Rtpmp ❑Breakwater/Sill []Other_ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL• e. Type of stabilization material: f. p) Has there been shoreline erosion during preceding 12 months? []Yes []No []NA (1t) If yes, state amount of erosion and source of erosion amount - information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill_ Other — I. Source of fill material. 4." OTHER FILL ACTMTIES : ®This section not applicable (Excluding Shorefine Stabilization) . a. () Will fill material be brought to the site? []Yes ❑No []NA b. () Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or If yes, other wetlands (WL)? If any boxes are checked, provide the (U) Amount of material to be placed in the water _ number of square feet affected. (iii) Dimensions of fill area _ ❑CW _ ❑SAV _ ❑SB (iv) Purpose of fill ❑WL _ []None (ti) Describe the purpose of the fill in these areas: 5-.GENERAL" a. How will excavated or"fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt Fencing Typical Marine c. d. (I) Will wetlands be crossed in transporting equipment to project (1) Will navigational aids be required as a result of the project? []Yes ❑No ®NA site? []Yes []No ®NA (Ii) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252.808-280S :: 1-S88-4RCOAST :: w .nccoastatmanagement.net revised: 12126/06 CAMA MAJOR PERMIT APPLICATION EBB T O P S A L S O U N N D FLOW 1200 FT TO BANKS CHANNEL AREA CALCULATION k, EGFTLOTIe:-I :NOV in e FT TOTAL COVERED I 4------ AREA836SOFT i 21'10 22'5 159—i Date: Novembr22, 2013 TOTAL COVERED G 12'2 I_ 3 MINUS FLOATING IIIL DOCK 500 SF!-•.�: �;/4 L`' ]OhT0UR B0ATA4p ' ® ' 34' OUf9pEF/ICEOpCK 1 T2h E P E ON _ -- 1 CWTj 1` ❑NEOFEb$IINCFD i it O U I O MYea(�e. I Eu,.arFsn WOOD FLOAT .� W I � p i I _ _ IHH HOOD DECKN._.__ `"1 I _-- ._..._ _ - 0N60F EAiSfWO ` _-_ ------ DmlwEm eu Fr 14r � i � a N b2p4tEC,�VR`9E1 1 4N E�IED !j I d ronmm.mxwaomam I wa„awatvwvxsoax 91 FOOTBUFFER �• III�II�II7.III�I19�'I�� I , rya ..QUINN CHANNEL BOULEVAEM DEC 0 .3 9013 802 ASSEMBLY BUILDING PROPOSE® Dock FOR Kom QuINN 804 CHkNNEL ELVD, TOPSAIL MEACH NC 2015 4ECEI ED. / M TON, NC APR 0 7 2015 PIMA NC DEE R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Seery April 15, 2015 Kim Quinn, a.k.a Quinn Dock c/o Gary Ange 107 Candlewood Drive Wallace, NC 28466 Dear Mr. Ange: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of Kim Quinn, for a major development permit modification to CAMA Permit Number 03-14, at 804 Channel Blvd., adjacent to Topsail Sound, in Topsail Beach, Pender County. It was received as complete on April 10, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is June 25, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 10, 2015 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 I I3A-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. cere{{l//y, n Dai� eld Representative RECEIVED cc: W iRO — file APR 2 R 71 DICK MHC Tyler Crumbley, USACE hNt'a11gN r-Hs Joanne Steenhuis, DWR Michael Moore, acting Town Manager, Topsail Beach Kim Quinn, PO Box 336, Kenansville, NC 28439 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncouastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer MAJOR PERMIT FEE SCHEDULE Quinn 03-14MM / $475 / Pender County DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: S400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM 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. 90 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 land/or open water areas: $475 60% $285 40% $190 RECEIVED APR 9.2 1015 WUjW_Wr1P oin DENR CAMA Daily Check Log for WIRO Check From Name Name of Permit Holder Vendor Chock Number Check amount Pefmif Number/Comme� RNund?tes0 w~ l MannePiers Bulkheads LLC Willard Bumcin & Kavin Dolan Welts Fe Bank 20060 $400.00 GP e5190D & GP 65181D 200ea 8 Fame Jelbr Lewis First Bank 4863 5250.00 major Tea, BrCo. N inn same First Citizens Bank 1144 $475.00 major fee, PN Co NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor Donald R. van der Vaart Secretary April 16, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Kim Quinn 03-14MM Major Public Notice Team Kyle: Please publish the attached Notice in the Saturday, April 18, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support & Customer Service Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crutnbley - USACE Michele Walker- DCM RECEIVED APR 2 2 1015 DCIMM7M9 CITY N. C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. According to said application, On April 10, 2015, %im Quinn proposed to excavate beneath an existing docking facility at 804 Channel Blvd, adjacent to Topsail Sound, in Topsail Beach, Pender County. A copy of the application may be examined or copied at the office of Jason Dail, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 9, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED APR 2 2 70?5 OCAn-MND CiN CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Kim Quinn Agent's #: Gary Ange Mailing Address: 107 Candlewood Drive Wallace NC 28466 Agent's phone #: 910 547-2955 Agent's email: gary@kmq-inc.com I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. -X- I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Kim Quinn Signature kLk PO Box 336 Mailing Address Kenansville NC 28349 City/State/Zip 910 290-1007 Telephone Number Date: 3'-4 1 (S (Adjacent Property Owner Information) Historical Society of Topsail Island Marcia Hamilton Si-vxature 44 PO Box 2645 Mailing Address Surf City NC 28445 City/State/Zip 910 358-1298 Telephone Number Dater RECEIVED APR 2 2 211h DCM-MM9 CITY RECEIVED DCM WILMINGTON, NC Revised AMA# 2015 ■ Complete items 1, 2, and 3. Also complete Kam 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. i• Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: NkAP-CfA N-i S'rofZ1CA L Scr f6ty OF TOKW, IW-UP po 1501( 2,&4-7 S\-AkFC � NG 'L LYL6 A. re X Wn- ❑ Addressee B. Received by led Name) C. D to of slivery B • V, d ri 5, 3 I - D. Is delivery address different If YES, enter delivery ad se S0No �L or rt �R ®I ��� RECEIVED 3. Service Type n ?n1EJ :Certified Mail- ❑ Priority Mail Express- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extre Fee) ❑ Yes 2. Article Numbrfrom 7014 1820 0001 7976 2858 (rrerisfer from service labeQ PS Form 3811, July 2013 Domestic Return Receipt ■ Complete! items 1, 2, and 3. Also complete 14 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: APRJAI JA 60L AN 2:7 4 12 9-rRAWBERP-i tiIIPOA6 ❑ Agent by rdnted1fi9 ) i I C.,ete of Delivery D. Is delivery address di em 1Z ❑ Yes If YES, enter delivery ss beb*k,,� 0 No RECEIVE Gl APR 22 3. Service Type K4QAt8 t rr7A_.nfv, %� t r G C/A Certified Mails ❑ Priority Mail Express- t5 Y U,6 � A ❑ Registered ❑ Return Receipt for Merchandise '7 ❑ Insured Mail ❑ Collect on Delivery o !/ 4. Restricted Delivery? (&" Fee) ❑ Yes 2. Article Number 7014 1820 0001 7976 2865 (!renter from service label) PS Form 3811, July 2013 Domestic Return Receipt RECEIVED APR 2 2 2015 nr "'genw 61N1 AMA PERMIT APPLIED FOR PROJECT- Applicant proposes to excavate Lee] t in Topsail Beach, Pender County. COMMENTS ACCEPTED THROUGH May 9, 2015 APPLICANT: Mr Car-jAnge 1 197 Candlewood Drive Wallace, NC 98466��— a m For Kim Quinn MM03-14 Y °' m a o FOR MORE DETAILS CONTACT NE'biv?Woasial Ia�naEJ&AV 127 Cardinal Dr. Ext. Wilmington, NC 28405 Jason vall, RECEIVED APR 2 2 2015 MM'MMD CITY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identifier No. 4212-37-3474-0000 verified by . County ou the _ day of 20_ Mail/Boxto: Dan Rizzo,Attorney, Post Office Box 2676, Surf CitNNC 28445 This instrument was prepared by: Dan Rizzo Attorney, Post Office Box 2676 Surf City, NC 28445 Brief description for the Index: LOT 19 BLK 5 NewTbpsail Beach THIS DEED made this 26th day of November 2013 by and between GRANTOR Gary E. Sunderland Kim Quinn andwife, Ivfichelle Rich Quinn 804 Channel Blvd Topsail Beach, NC 28445 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. WPTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is herebyacknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lotor parcel of land situated in the City of TupsailBeach Topsail Township, Pander County, North Carolina and more particularly described as follows: SeeAttached RECEIVED APR 22 1015 Ptbw"iIM t•" The property herein above described was acquired by Grantor by instrument recorded in Book 774 page 102 All or a portion of the property herein conveyed _ includes or 3C does not include the primary residence of a Grantor. A map sh9wing the above described property is recorded in Plat Book 3 page 56 NC Bar Associafion Porn No. 3 01976, Revised 01/1/2010 RECEIVED PdotedbyAgmemeatwitbthe NCBwAssoclanon DGM WILMINGTON; NO DEC 032913 TO HAVE AND TO HOLD the aforesaid lot orparcel of land and allprivileges and'appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with thaGrantm, that Grantor is seized of the premises in fee simplo, has the right toconvey the same infee 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: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as o written. (Entity Name) PrinV ype Name: Gary E. Sunderland Print/Type Name & Title: PrinVType Name & Print/rype. Name & (SEAL) PrinVType Name: (SEAL) Prim/Type Name: (SEAL) Printrrype Name: State of North Carolina - County or City of fender ble.7 blCirli CY L the undersigned Notary Public of the County or City of $ender'Utw i-IgwVt and State aforesaid, certify that Gary F. Sunderland personally appearedbefore m6this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witnessmyhandand.Notarialstampor seal this 26th day of November . 2013 . CHRISTY D STITH - j 2/l0 ' Notary Public, North Carolin My CommissionBxpires New Hanover County Cj o�'E Affix Seal My Commission Expires ( ) February 10, 2016 N sPrintedorTyped Name. Auo n o 2015 State 6f County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify tha'N personally came before me this day and acknowledged that _he is the Of — — a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), 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 _ day of 20_. My Commission Expires: (Affix Seal) State of - County or City of L the undersigned Notary Public of the County or City of Witness my hand and Notarial stamp or seal, this _ day of My Commission Expires: (Affix Seal) NC Bar Association Form No. 3 01976, Revised ®L WI) Printed by Agreement with the NC Bar Association Notary Public Notary's Printed or Typed Name State aforesaid certifytbat 20_. NotaryPublic RECEIVED Notary's Printed or Typed Name APR 9 2'1015 rim a,t�� 41tr RECEIVED [)CM WILMINGTON, NC DEC 0.3 2013 Dail, Jason From: Gary Ange <gary@kmq-inc.com> Sent: Friday, April 10, 2015 10:12 AM To: Dail, Jason Subject: Modification CAMA Major Permit 03-14 Jason, pis process this application for a modification to the CAMA Permit 03-14, Kim Quinn, 804 Channel Blvd Topsail Beach N.C. This modification is for excavation (dredging) of the dock area as originally permitted under CAMA 03-14. Fill material from this dredging will be placed on 916 S Anderson Topsail Beach N.C. also owned by Mr. Quinn. A map has been attached to this application. Regards, Gary Ange KMQ, Inc 910 547-2955 RECEIVED APR 2 2 2015 *9W'"nN I." RECEIVED DCM WILMINGTON, NC APR 1 0 2015 North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director AGENT AUTHORIZATION FORM Date: December 2, 2013 Name of Property Owner Applying for Permit: Km Quinn Owner's Mailing Address: ae . Kenansville, NC 28349 Phone Number 910 290-1007 John E. Skvaria, III Secretary Name of Authorized Agent for this project: Gary Ange Agent's Mailing Address: 107 Candlewood Drive Wallace, NC 28466 Phone Number 910 547-2955 I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): Quinn Dock For my property located at 804 Channel Blvd Topsail Beach, NC 28445 This certification valid th date) December, 2015. Property ner Signature Date 127 Cardinal Drive Ed., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910395-3964Internet: www.ncooastalmanagement.net RECEIVED APR 2 2 2015 vaM-MMIA RItr RECEIVED DCM WILMINGTON, NC An Equal Opportunity 1 Af irmafive Action Employer DEC a 3 2013 LEGEND WETLAND LINE L52 �--- -� WETLAND COURSE 40 006 ---.' WETLAND FLAG WETLAND AREA 0.40 ACRES +/— LINE TABLE LINE DIRECTION DISTANCE L1 N48'04'32"E 12.59' L2 S77439'06"W 15.80' L3 S03'40'04"W 13.65' L4 S2 '12'25"E 9.62' L5 S4645'33" E 0.41' L6 S60'56'24"E 24.63' L7 N45'03'34"E 18,18, L.8 N45'25'16"W 8.36' L9 N46'03'4 "W 26.24' L10 N1436'15"W 20.06' L11 N47'36'24"E 35.32' L12 N57'04'00"E 1 40 04' THIS PROPERTY IS LOCATED IN ZONE "X" (SHADED), 0.2% ANNUAL CHANCE FLOOD, BASE FLOOD ELEVATION DETERMINED, ACCORDING TO FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 3720421200J, EFFECTIVE DATE FEBRUARY 16, 2007. GRAPHIC SCALE: 1"=60' 0 60 120 180 240 MAP OF SURVEY(WETLAND SURVEY): QUINN VENTURES, LLC TRACT LOT 13 AND NORTHERN HALF OF LOT 14 BLOCK 15, NEW TOPSAIL BEACH TOPSAIL TOWNSHIP PENDER COUNTY NORTH CAROLINA OWNER: QUINN VENTURES, LLC PO BOX 336 KENANSVILL, NC 28439 MICHAEL UNDERWOOD and ASSOCIATES PA 102 CINEMA DRIVE, SUITE A SURVEYED: CC APPROVED: MP WILMINGTON, NC 28403 PHONE: 910-815-0650 DRAWN BY: TBM DATE: OCT.14 FAX: 910-815-0393 E-MAIL: mua®blzec.rr.com Firm Ucense #C-0615 CHECKED BY: MNU SCALE: 1 "=30' I:\Buddy's LDD 2014\Quinn Family\916 South. Anderson Bivd\dwg\Wet{and Map.dwg 10/6/2014 8:02:16 AM EDT THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE, UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTON MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CQRPS-9F ENGINEERS WETLANDS DELINEATION MANUAL. CORP OF ENGINEERS DATE SURVEY REFERENCE, BOOK 4445 PAGE 0328 MAP BOOK 3 PAGE 56 LEGEND EIR EXISTING IRON REBAR ECM EXISTING CONCRETE MONUMENT NPS NO POINT SET CERTIFICATE: THIS SURVEY IS OF AN EXISTING PARCEL OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET, MICHAEL N. UNDERWOOD, P.L.S. L-2962 RECEIVED APR 2 2 1015 N,rIMi'4Nllkl krill Y. NORTH CAROLINA NEW HANOVER COUNTY C , I, MICHAEL N. UNDERWOOD, CERTIFY TAHT THIS PLAT WAS ,.��`Q- ........ '=O•?O�BSS/Oti `2 �': DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION DESCRIPTION AS SHOWN ON :o. SEAL 7:y = THE FACE OF THIS PLAT RATIO OF PRECISION AS CALCULATED ?r L 296 2 BY COMPUTER IS 1/10,000 + THAT THE BOUNDARIES NOT .� �: SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM yqF ;SURV�pc`\ INFORMATION REFERENCED THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH "THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROUNA" WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS 4TH DAY OF'� OCC�JTOLB/E/RJ A,D„ 2014 z,�y//�l �� &�iL z RE( MICHAEL N. UNDERWOOD, P.L.S. DCM'vMLI LICENSE NUMBER L-2962 SEAL OR STAMP @2014 MICHAEL UNDERWOOD and ASSOCIATES, PA .3�3