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49-14 Southerland, Patrick
Permit Number 49-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission hermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 to Patrick B. Southerland, 410 Loder Avenue, Wilmington, NC 28409 sizing development in New Hanover County at AIWW, 410 Loder Avenue, ,as requested in the permittee's application dated_ 3/10/14 (MP-1)and nit, issued on - June 4, 2014 , is subject to compliance with the application (where consistent permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may . A to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Unless specifically altered herein, this permit authorizes the addition of a single pole boat lift to the existing docking facility and other structures and uses that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. ?) . No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet for Additional Conditions) is permit action may be appealed by the permittee or qualified persons within twenty (20) days of the issuing An appeal requires resolution prior to work initiation or nuance as the case may be. permit must be accessible on -site to Department el when the project is inspected for compliance. Any maintenance work or project modification not covered reuhder requires further Division approval. work must cease when the permit expires on December 31, 2017 issuing this permit, the State of North Carolina agrees your project is consistent with the North Carolina Coastal agement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. AIN Braxton C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee c B. Southerland Permit #49-14 Page 2 of 2 ADDITIONAL CONIDITIONS ,No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable Waters at or adjacent to the authorized work. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. permit does not authorize the interference with any existing or proposed Federal project, and the ittee shall not be entitled to compensation for damage to the authorized structure or work, or injury h may be caused from existing or future operations undertaken by the United States in the public The permittee shall install and maintain at his expense anysignal lights or signals prescribed by the U.S. "'Coast Guard, through regulation or otherwise, on the authorized facilities. 'This permit authorizes one (1) additional formalized boatslip for a total of three (3) formalized boatslips associated with this docking facility. General The permittee understands and agrees that, removal, relocation, or other alteration of the ,opinion of the Secretary of the Army or his ai unreasonable obstruction to free navigation of due notice from the Corps of Engineers, to i thereby, without expense to the United State: against the United States or the state of North future operations by the United States requires the ucture or work authorized by this permit, or if in the rized representative, said structure or work shall cause navigable waters, the permittee will be required, upon )ve, relocate or alter the work or obstructions caused the state of North Carolina. No claim shall be made Mina on account of any such removal or alteration. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. ' The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. E: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. E': The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-0317. E: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2014-00594. RECEIVED 1CMM1`4 APR 02 2014 APPLICATION for DCM•MHD CITY Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant) Landowner Information Business Name Project Name (if applicable) Applicant 1: Fi t Name %,�r-1 C. - MI y� Last Name ,S 0 jI e.f 1 C'- Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box Ciqtoty State ZIP �� 0� Country u s A Phone No. G10-.X1--p773 ext. FAX No. Street Address (if different from above) City State ZIP y� Email �SO�J�L hQr'�(l�vl e SQ �n C�v�n.LOM 2. Agent/Contractor Information Business Name Ai( IL J Agent/ Contractor 1: First Name MI Last Name FO ¢-�M4n AgenV Contractor 2: First Name MI Last Name Mailing Address / 9�ratrl Cu.rF- PO Box City Slate ZIP / ' `1 3 Phone No. 1 ?A1- 7G7- ext. Phone No. 2 - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email / �A�L� Cwr <Form continues on back> RECEIVED DCM WILMINGTON, NC 252.808.2808 .. 1.888.4RCOAST .. www.nccoastalmanagemNlFtlan.eq, W4 RBCMW Form DCM MP-1 (Page 2 of 4) oI APPLICATION for APR 0 2 2014 Major Development Permit 3. Frgject Location County (can be multiple) Street Address State Rd. # /ve.a H-7, e..Cr cflo Loaer Avem.. Subdivision Name City �,,t(A,,�,+�. State NC_ zip -QiRgd9 Phone No. Lot No.(s) (If many, attach additional page with list) -?to -)G1 - f 737 ext. I I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project P(A Z'Cw 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 y C W e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes XNNo work falls within. Ha Low JUe_w a cr 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sci t.) (p0 t 60 Fk x 3 00 "- c. Size of individual lot(s) /"; &c-r e- d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water lev (If many lot sizes, please attach additional page with a list) ti H W or ❑NW L e. Vegetation on tract ©/-,one;z "+'7�YJ f. Man-made features and uses now on tract Slnq�� Fe,„(7 Je g. Identify and describethe existing land uses adlacent to the proposed project site. S t n s u_ In. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) K Was ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ..$$INo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑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 ,allo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagemenW1 12014 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ONO III) Are there coastal wetlands on the site? [9Yes ❑No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes XNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Pr- tvW0-(( p, i� Lov^i-�l i SQwcr o. Describe existing drinking water supply source. Pr% ,,k (.$Je.C( p. Describe existing storm water management or treatment systems. NJA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑cYCommercial ❑Public/Government �-`�JP J� gPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Pr 1vw.4Dk2r far- Pe—...k--� U SL o,I,�r c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Acicit-'s I Soa+ -r' FOr �. s,,d.cc SI-_,Ff—Q f��+sL- d. List all development activities you propose. r r r , b✓1r)eI PI 19.e e. Are the proposed activities maintenance of an existing project, new work, or both? �W iNor J` f. What is the approximate total disturbed land area resulting from the proposed project?N t� N� ❑Sq.Ft or []Acres AJ z g. WIII the proposed project encroach on any public easement, public accessway or other area ❑Yes XNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Al I. Will wastewater or stormwater be discharged into a wetland? []Yes ,®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? []Yes ❑No A If yes, attach a mitigation proposal. <Form continues on back> APR 0 2 2014 RECEIVED DCM WILMINGTON, NC D,${��B O 8.2808 .. 1-888-413COAST .. www.nceoastalmanagement.n VAR 112014 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 items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any ma/or development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. S tZ c A t —h, Lei O 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. Sn fk A. — —A--C N r 0 — N 0 Lj 0 R t< H AI S i AR —:i f) c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. A7 0 d. A copy of the deed (with stale 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 comma is on the proposed project to the Division of Coastal Management. Name Phone No. p Address 1. 11 Loafer pcvCn..w I,_ ay40g 9I0 Name t/,f% Phone No. Address �i ('� L.o rlc. hve \�� r ii.J1 (+..t JV C JI Elf (J,�tCn+w.. Name Phone No. Address g. A list of previous state or federal permits issued for work the project tract. Include permit numbers, permittee, and issuing dates. --ysa-D %J5-.'; In. 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described 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 cert^i, t at the information provided in this application is truthful to the best of my knowledge. Print Name Jl< r( aI L Signature /� - �• REMM Please indicate application attachments pertaining to your proposed project. PR 2 2014 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts , 9M MP-3 Upland Development: M MP-4 Structures Information DW-MC" RECEIVED DCM WILMINGTON. NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.nMAR 112014 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facilitylmamia. ❑Commercial ❑Public(Governmenl zIprivate/Community c. (i)Dook(s)and/of pier(s) l/xi5�t�y (ii) Number (III) Length I (r r (iv) Width (v)Floating [HYes ONO �,k.r�-•^(4 aN r e. (1) Are Platforms included? ❑Yes WNo If yes: (ii) Number (III) Length (Iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from drip/ins, dimensions. g. (i) Number of slips proposed (ii) umber of slips existing 1. I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel HOpen water; no dredging required ❑Other; please describe: k. Typical boat length: In. (i) Will the facility have lie pilings? ❑Yea [[No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes j2(No d. (1) Are Finger Piers included? ❑Yes (gNo If yes: (If) Number (III) Length (Iv) Width _ (v)Floating ❑Yea ONO f. (i) Are Boatli8s included? dyes ONO If yes: �So�a ale (ii) Number (iii) Length yr (N) Width fa f h. Check all the types of services to be provided. ❑ Full service, Including travel lift andior rail, repair or / maintenance service /� A ❑ Dockage, fuel, and mod" supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 01L /t rk .I�la P,1 d/ /L A S c tw 4. r 1.71 7.nt( An t's't I. (p Will the facin be open to the general public? ❑Yea Me RECEIVED RECE);WED DCM WILMINGTON, NC APR 0 2 2014 MAR 12 2014 252-808-2808:: 1.8884RCOAST :: www. tic roaa Le"nt.net revised: 112127/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS 0 Mis section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ office Toilets ❑ Toilets for patrons; Number: ; Location: h Ol�l ❑ Showers ❑ Boathokling tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, c. Describe the disposal of solid waste, fish offal and trash. ndAWE, d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge'signs proposed. l/� (iij Give the location and number of'Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel malptenance be disposed of? h. Give the number of channel markers and *No Wake" signs proposed. _& I. Give the location of fuel •in nng facilities, and desorlbe the safely measures planned to protect area water quality. j. What will be the marina policy overnight and live -aboard dockage? N1�% k. Describe design measures that.promote boat basin Bushing? RECEIVED 1. If this project is an expansion of ex ring marine, what types of services are currently provided? r)(`M WILMINGTON, NO is nn11. m. Is th arinaldocking facility proposed within a primary or secondary nursery area? O'Yes []No 252-808.2808 n 1-888-4RCOAST :: www.nccoastalmanagement.nat revised: 12i27106 DCMMMC^ITY Form DCM MP-4 (Structures, Page 3 of 4) n. Is t arinaldocking facility proposed within or adjacent to any shellfish harvesting area? es []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS ❑WL (one p. Is the proposed mafina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Iwo If yes, give the name and address of the leassholder(a), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) Whis section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Publio/Government ❑PrivatalCommunity (ii) Number (ill) Length (Iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g.. wood, sheetpae, etc. Na rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (I) Number (il) Length (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) mThis section not applicable a. Length _ b. Average distance from NHW, NWL, or wetands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): []Commercial ❑PubliclGovernment ❑PrivatelCommunily 0. Distance to be placed beyond shoreline Note: This should he measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) rAPR 0 2 2014 ACM-MHDCffY NECEIVED DCM WILMINGTON, NC MAR 1 2 2014 252 808-2808 :: 1-888.4BCOAST :u www.nocoastalmauagement.net reviser: 1227106 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structuri to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. rIpoi �— —� Note: For buoy or mowing piling, use arc of swing including length of vessel. C. _water body 6 0 e. (i) Will navigational aids be required as a result of the project? ❑Yes 04o ❑NA (ii) If yea, explain what type and how they will be Implemented. d. Water depth at waterward end of structure at NLW or NWL -a'Law -7'N16ro-1 8. OTHER This sedion not applicable a. Give complete description: Sl,ps w•.x Date 0p / � SOJl��r1a� — lD Lo'i�r Avc Project Name Applicant Name Appl� SignAtGre FieCeiv DCM bVILMINGTp DNC MAR 12 2014 RECEIVED APR 0 2 2014 DCM MHD CTCY 252-808-2008:: 1-888.4111 :: www.necoastalmanagen,ent.not revised: 1227106 L I - �- � Ul ov • � 1 I- l:f .+ I I -I 1. L.. LW cul , 0,0 46 .i • i I �1 ;~,,�►-,itt�;N !_;. - i � I I i .. - -- - -;-- I :.L� �yk��1�_L - k. ;II I 1i �...l I._ IRjEC;E,VED I I I i iJ; I I I I I t dCM U�IIL� INiGT©N,; N . , .. I „ MAR12014 044SIX-5 ,� 1lIM'v $ a , n d 90 Em z r MC ENR -North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary June 4, 2014 Patrick Southerland 410 Loder Ave. Wilmington, N.C. 28409 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy -and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121,1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings,'6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should, also be aware that if another qualified parry submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require's additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a,contractor, it would be to your benefit to be sure that he fully understands all permit. requirements. From time to time; Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed. Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-k80i31 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Oppor uni Affirmative Action Employer DCM Coordinator: 1AT)lse, Permit #: MAILING DISTRIBUTION SHEET Permitee: YcoyC : -SO er\s x� Agents: DCM Field Offices Elizabeth City Morehead City (with revised work plan drawings) Washington 3f mm o US ACOE Offices: Washington: Raleigh Bland Wilmington: onnie Smi Cultural Resources: Renee Gledhill -Ear] Public Water Supply: 9ebrztPeneyjWHk4j cUoL Joey White (WARD NC DOT: Ken Pace Shellfish Sanitation: atti Fowler State Property: (-Tim Walton Water Resources: aren iggins (Raleigh) 9m Jo OT) Washington: Anthony Scarborough Wilmington: Jo uis — 401 Qa"urn 1 Linda ewes - Stormwater Wildlife Resources: um (WARD) LPO: Fax Distribution: Permitee Agent #:_ A. w:11taN.S® En*, 1_ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 4. R 8. APPLICANT'S NAME: Patrick B. Southerland LOCATION OF PROJECT SITE: 410 Loder Ave., adjacent to the Atlantic Intracoastal Waterway (AIWW) and Myrtle Grove Sound, in New Hanover County. Photo Index — 2006: 21-7383, Q-15 2000: 21-263, R- 14 1995: 21-246, P-24 State Plane Coordinates - X: 2342271 Y: 137884 Rover file: 0-031214A Latitude:34°07'24.54478"N Longitude:77°52'09.07339"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/12/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 3/21/14 (complete) Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Single family residence, bulkhead and private docking facility Planned — Expansion of existing private dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands - Shaded (B) Non -Vegetated Wetlands - Open water 96 sq. ft. (Incorporated) (C) Other - High ground disturbance RECEWM (D) Total Area Disturbed: 96 sq. ft. (0.002 acres) (E) Primary Nursery Area: Yes APR 0 2 2014 (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand an existing privat RFAM lity within Myrtle Grove Sound. Patrick B. Southerland Page Two 9. PROJECT DESCRIPTION: The project site is located at 410 Loder Ave., adjacent to the AI W W/Myrtle Grove Sound, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take S. College Road (NC Hwy 132) south approximately 7.5 miles towards Carolina Beach. Turn left onto Piner Road at the intersection of S. College Road and NC Hwy 421, and follow Piner Road until you reach a stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel south approximately 0.4 mi. until you reach Loder Ave., which will be located on the left. Turn left onto Loder Ave. traveling east until you reach the property of interest. The applicant currently maintains an elevated two-story residence on the property which encompasses approximately 0.4 acres. The approximately 60 linear feet of shoreline is stabilized by a vinyl bulkhead. The highground portion of the property is primarily maintained lawn grass and ornamental landscaping. The area waterward of the existing bulkhead consists of mixed §404 Wetlands type vegetation and Coastal Wetlands, which includes: Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass (Spartina alterniflora), which covers an area approximately 120' in width towards Myrtle Grove Sound/AIWW. The applicant maintains a docking facility waterward of his residence, which was authorized under CAMA General Permit No. 27450-D on 6/13/2001. An existing access pier extends towards the AIWW for a distance of approximately 165' in length by 6' in width, which spans the area of marsh. The pier then terminates onto an existing roof covered platform, measuring approximately 20' in length by 20' in width, which is located on the south side of the existing access pier, creating an "L-shaped" configuration. An access ramp leads onto an existing floating dock, measuring approximately 24' in length by 6' in width, which runs perpendicular to the shoreline and in the same alignment as the access pier. There is an existing boatlift, measuring approximately 14' in length by 12' in width located on the southern side of the existing floating dock. The existing docking facility could potentially accommodate up to two (2) vessels at this location. The application states that the existing water depth at the terminal end of the docking system is approximately -2.0' to -3.0' @ normal low water (NLW) (See Sheets land 2 of 2). The Wilmington -New Hanover County 2006 CAMA Land Use Plan Update classifies the area as Conservation. The waters of Myrtle Grove/AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (SA-ORW) by the NC Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, and is OPEN to the taking of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within Myrtle Grove Sound. A new single -pole boatlift, measuring approximately 12' in length by 8' in width, would be installed on the landward side of the existing floating dock and covered platform located on the southern side of the existing docking facility. The expansion of the existing docking facility would accommodate a total of three (3) vessels (See Sheets 1 and 2 of 2 and Project Narrative). RECEWO APR 0 2 2014 DCM-MIiDCrrY Patrick B. Southerland Page Three 10. ANTICIPATED IMPACTS: The proposed expansion of the existing docking facility would incorporate an additional approximately 96 sq. ft. of Estuarine Waters and Public Trust Areas, which is essentially within an area usurped by the existing docking facility. The existing footprint of the facility would not extend waterward or laterally of the existing structures, which extends approximately 92' into a waterbody, which measures approximately 620' across. This distance would conform to the 1/4 width rule and would not extend beyond the established pier head length. As proposed, the applicant's proposal would not encroach into the USACE 80-foot setback requirement from the AIWW and the adjacent 15' Riparian Corridor Setback Area requirement. The proposed single -pole boatlift would provide an additional slip for a total of three (3) vessels at the existing docking facility within existing water depth of approximately -2.0' @ NLW. Minor turbidity should be expected during the construction process. rAP RECEIVEDR 0 2 2014 DCM-mmerrY Submitted by: Robb Mairs Date: 3/26/2014 Office: Wilmington P64 14W6 0 G��i� .'...�Wzl W % iz z - .� W� a a c T o 4P991 0 �m �0 .r 2 m N 00 z z 0 7" 410 Loder Ave Wilmington, NC Satellite Map and View - MapQuest Page 1 of 1 M mapquest Map of: 410 Loder Ave Wilmington, NC 28409-4342 Notes FREE NAVIGATION APP Enter your mobile number SELECT rIPHONErANDROID I m8014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee al the accuracy of their content, mad donations or mule Vou assume all r sk of use. View Terms of Use ,. RECEIVED APR 0 2 2014 ncmta4 mcrrY J 4 SK: S ^^- CI S S�zeS7 RECEIVED DCM WILMINGTON. NC MAR 11 2014 http://www.mapquest.com/print?a=app.core.afdfc3fcf7l5a9l5a97eac64 2/21/2014 410 Loder Ave, Wilmington, NC 28409 Directions, Location and Map I MapQuest Notes Page 1 of 1 M mapquest Map of: 410 Loder Ave Wilmington, NC 28409-4342 rg R7 x R m O FREE NAVIGATION APP SELECT: r IPHONEr ANDROID Gear .n4' K 1,1901"Rv 110 s<n i1l.*k4Rd t �qke SI> M 0. �Snc�e r � �I n°'Rrya Or 110�Hfc ae9 11 000 M mapquest 200m c, j Enter your mobile number I QM4 MnlpCwnt • Portion Q2014 NAVTIQ I Tin I Priyaw 02014 MapQuest, Inc. Use of directions and maps is subject to Me MapQuest Tons of Use. M make no guarantee of the accuracy of their content, mad conditions or mute usability. You assume ell risk of use_'=: Terms of Use RECEIM s. APR 0 2 2014 DCM-MHDCITY RECEIVED DCM WILMINGTON, NC MAR 112014 http://www.mapquest.com/print?a=app.core.afdfc3fcf7l5a9l5a97eac64 2/21/2014 CAMA and DREDGE AND FILL N? 27450—L G E N E R A L PERMIT as authorized by the State of North Carolina Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC `7 tZZk-:5:�_• Applicant Name I iR&D Sot.,gl+ nJ.j> Phone Number6I01 -)at +-19e-0 Address --� ra' 'tea,• aa. as �a sStategoad, Water :aa V;%AJ t U-1it-: �• .. Type of Project Activity PROJECT DESCRIPTION SKETCH Pier (dock) Length +t Groin Length number Bulkhead Length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. issuing date signature permkjfficer's signature -3 -01 expiration date `7 attachments 1� application fee MAR 112014 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Patrick B. Southerland COUNTY: New Hanover PROJECT NAME: Southerland docking facility LOCATION OF PROJECT: 410 Loder Ave., adjacent to the AIWW & Myrtle Grove Sound, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-21-14 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: PC -0 Z— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 3-31-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED O: a C) 75 DAY DEADLINE: �••i' MAIL OUT DATE: 3-28-14 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $250 END OF NOTICE DATE: 4-22-14 DEED RECD: YES ON: q-g' 1 l 150 DAY DEADLINE: STATE DUE DATE: 4-22-14 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative + L'14 Coastal Management - LUP Consistency 6-q-lq ✓ Division of Community Assistance S -31- ►4 Land Quality Section (DEMLR) 4-$- 14 Division of Water Resources (401) y�-1 Storm Water Management (DEMLR) State Property Office tj_ly_It� Division of Archives & History Q- I Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers c DC. -N!FD C-I Y ALWA ,Y�i� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary ZI RECEIVED MarchX, 2014 MEMORANDUM: MAR 312014 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED 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. DATE k� 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net RECEIVED f APR 14 2014 ACIA-)UMCITy An Equal Opporlunity \ Ahinnahve Action Employer Governor ,�4 1 1 1 March201`4` MEMORANDUM C E North Carolina Department of Environment and Division of Coastal Management 13*ol C. Davis, Director TO: Renee .6ledhill-Elarly Dbpt.-of 'Cultural Resources Archives , & Hislbry John E,,Skvarle, III Secretary FROM:Jonathan Howell', NtDENq,DCM.A,ssistant Major Permits Coordinator City; NC 557 (Courier 1142-09), -40QC,ommerceAve., Orohoadi SUBJECT:C4MA Major Permit'A I pplication -Revvew I t[1t-;/14 Applicant: pati1ck B. Souffierland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound I AIWWJn Wilmington, New Hanover County Proposed Project: to expand an existing povate'do,cking facility Please indicate below your agency's. post . tionbi' viewpoint on1he proposed project And return this form to Jonathan Howell at the.address above by Aprff2�2, 2014. If you have any questions. regarding the oroposed:project, contact Robb Mairs-at (910) 196m7428,NOen ,qnnmhriafO- in-deoth comment&with supporti'n'g,,datai,s,r6quested- REPLY: This agency has no objection tathe, project as proposed. X—This agency has no comment on the proposed project This Agency approves of the p6 T ject, only -if the recommended changes a incorporated, gee. attached. This agency objects to the project for reasons described in the attached comments: SIGNED DATE —A'�O 127 Carl Ml DOV6 EA, W"STIMT100, K 2845 Phme:ll 0-796-7215 V FAX: 910,395-3964 M Eq;�J �Atrnwm pfw E-Vlqdr �j;'A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor ti March .4J, 2014 - 14--00.31• of MEMORANDUM: TO: Maria Dunn NCWRC WaRO / WiRO Division of Coastal Management Braxton C. Davis Director John E. Skvarla, III Secretary FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 a 1 DATE `F- ii PXCEInen (4- �pmI23APR 212014MpR 2o�a 127 Cardinal Drive 15 \ AX: 91 -39on, -3 64 Internet. Phone: 910-796-7215 \FAX: 910-3953964 Internet. www.nccoastalmanajkent.net An Equal Opportuniy\ Affirmative Action Employer �. r ftA PC N North Carolina Department of Environment and Natural Resources Pat McCrory Govemor April 8, 2014 Mr. Patrick B. Southerland 410 Loder Avenue Wilmington NC 28409 John E. Skvada, III Secretary DWQ Project # 14-0317 New Hanover County Subject Property: 410 Loder Avenue — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Southerland, You have our approval, in accordance with the attached conditions to expand an existing private docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on April 1, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at http://portal.nedenr.orp/web/w w /ws/40 I /certsandpermits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certificatiopand its conditions are final and binding unless you ask for a hearing. i r r. o `; "4 s, 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 1 Internet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper ,$, IiECENEt1 APR 21 2014 DCM-MHDC[ry Petrick B. Southerland New Hanover County 2014-0317 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Hal Fogelman — Allied Marine Contractors, 92 Harold Court, Hampstead, NC 28443 Ronnie Smith — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Doug Huggett — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWR Project No.: Applicant: _ Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. �r Date RECETVM APR 21 2014 t' k DCM--MO CITY Pat McCrory Governor z'a March 1.9; 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director MAR Chad Coburn 282014 401 Wetlands �\ DWR - Wilmington John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April 22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when aDorooriate, in-depth comments with supporting data is requested. ✓CMG It?Lk<- cur- e,f�') O y/o£j//Y if cc 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 Dr'` - DATE b 127 Cardinal Drive Ext., Wilmington, NC 28405 APR 2 1 2014 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastaimanaoement.net An Equal Opportunity 1 ANionative Action Employer nCM-MMo" �IMZj�A w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary March 4-6, 2014 r MEMORANDUM: 4W 28 2014.....' TO: Dan Sams BY,� District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April 22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. pp This a�agency objects to the project for reasons described in the attached comments. SIGNED Q1 "- r c�C DATE 3 - a`% " az \ A a ar 127 Cardinal Drive Ext., Wilmington, NC 28405 APR 0 8 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net An Equal oppoduniq \ Affirmative Action Employer Dm mmcn ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor 24 Director Secretary March le 2014 MEMORANDUM: EO'EF,t,Z7 TO: Debra Benoy MAR 2 8 2014 District Manager BY Public Water Supply FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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 //tX6 DATE 31 (I aw y �, BECE1vID 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215\ FAX: 910-3953964Internet: www.nocoastalmanagement.net APR 0 g 2014 An Equal Opportunity \ AHinnaave Action Empbyer DCM•MHD CITY Pat McCrory Governor vi March k9; 2014 MEMORANDUM: Ice FROM: SUBJECT: Applicant: X�A NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director Anthony Law NC DOT New Hanover County DISTRICT 3 APR 0 2 2014 RECEIVED Natural Resources John E. Skvarla, III Secretary , RECEM APR 0 g 2014 DCMMHDCITY Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. his 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 127 Cardinal Drive Ext.. Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opportunity l Aff nnanve Acton Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. 3. 4. 5. 6. 8. APPLICANT'S NAME: Patrick B. Southerland LOCATION OF PROJECT SITE: 410 Loder Ave., adjacent to the Atlantic Intracoastal Waterway (AIW W) and Myrtle Grove Sound, in New Hanover County. Photo Index —2006: 21-7383, Q-15 2000: 21-263, R- 14 1995: 21-246, P-24 State Plane Coordinates - X: 2342271 Y: 137884 Rover file: 0-031214A Latitude:34°07'24.54478"N Longitude:77°52'09.07339"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/12/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 3/21/14 (complete) Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: PT, EW, ORW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Single family residence, bulkhead and private docking facility Planned — Expansion of existing private dock (G) Estimated Annual Rate of Erosion: N/A Source- N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands - Shaded (B) Non -Vegetated Wetlands - Open water 96 sq. ft. (Incorporated) (C) Other - High ground disturbance (D) Total Area Disturbed: 96 sq. ft. (0.002 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within Myrtle Grove Sound. Patrick B. Southerland Page Two 9. PROJECT DESCRIPTION: The project site is located at 410 Loder Ave., adjacent to the AIW W/Myrtle Grove Sound, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take S. College Road (NC Hwy 132) south approximately 7.5 miles towards Carolina Beach. Turn left onto Piner Road at the intersection of S. College Road and NC Hwy 421, and follow Piner Road until you reach a stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel south approximately 0.4 mi. until you reach Loder Ave., which will be located on the left. Turn left onto Loder Ave. traveling east until you reach the property of interest. The applicant currently maintains an elevated two-story residence on the property which encompasses approximately 0.4 acres. The approximately 60 linear feet of shoreline is stabilized by a vinyl bulkhead. The highground portion of the property is primarily maintained lawn grass and ornamental landscaping. The area waterward of the existing bulkhead consists of mixed §404 Wetlands type vegetation and Coastal Wetlands, which includes:, Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass (Spartina alterniflora), which covers an area approximately 120' in width towards Myrtle Grove Sound/AIWW. The applicant maintains a docking facility waterward of his residence, which was authorized under CAMA General Permit No. 27450-D on 6/13/2001. An existing access pier extends towards the A1WW for a distance of approximately 165' in length by 6' in width, which spans the area of marsh. The pier then terminates onto an existing roof covered platform, measuring approximately 20' in length by 20' in width, which is located on the south side of the existing access pier, creating an "L-shaped" configuration. An access ramp leads onto an existing floating dock, measuring approximately 24' in length by 6' in width, which runs perpendicular to the shoreline and in the same alignment as the access pier. There is an existing boatlift, measuring approximately 14' in length by 12' in width located on the southern side of the existing floating dock. The existing docking facility could potentially accommodate up to two (2) vessels at this location. The application states that the existing water depth at the terminal end of the docking system is approximately -2.0' to -3.0' @ normal low water (NLW) (See Sheets land 2 of 2). The Wilmington -New Hanover County 2006 CAMA Land Use Plan Update classifies the area as Conservation. The waters of Myrtle Grove/AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (SA-ORW) by the NC Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, and is OPEN to the taking of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within Myrtle Grove Sound. A new single -pole boatlift, measuring approximately 12' in length by 8' irr width, would be installed on the landward side of the existing floating dock and covered platform located on the southern side ofthe existing docking facility. The expansion of the existing docking facility would accommodate a total of three (3) vessels (See Sheets 1 and 2 of 2 and Project Narrative). Patrick B. Southerland Page Three 10. ANTICIPATED IMPACTS: The proposed expansion of the existing docking facility would incorporate an additional approximately 96 sq. ft. of Estuarine Waters and Public Trust Areas, which is essentially within an area usurped by the existing docking facility. The existing footprint of the facility would not extend waterward or laterally of the existing structures, which extends approximately 92' into a waterbody, which measures approximately 620' across. This distance would conform to the 1/4 width rule and would not extend beyond the established pier head length. As proposed, the applicant's proposal would not encroach into the USACE 80-foot setback requirement from the AIWW and the adjacent 15' Riparian Corridor Setback Area requirement. The proposed single -pole boatlift would provide an additional slip for a total of three (3) vessels at the existing docking facility within existing water depth of approximately -2.0' @ NLW. Minor turbidity should be expected during the construction process. Submitted by: Robb Mairs Date: 3/26/2014 Office: Wilmington Project Narrative March 10"' 2014 Thank you for consideration of this project. My family and I have lived at 410 Loder Avenue for the past 15 years. We have a private -pier used for pleasure. The pier has two boat slips. One side of the floating dock is used to tie.up boat while in the water. The other side of the floating dock has a lift when the boat is not in use. We would like to add another small scale boat lift on the same side as the existing boat lift. It would be between the existing boat lift and our gazebo. The purpose of this lift would be to store a small skiff or jet ski. This slip would fall into the existing footprint of our current structure -and would not encroach on any set back requirement. If you have any questions or comments, please contact the NC Division of Coastal Management per the attached card. Thank you Brad Southerland 410 Loder Avenue Wilmington, NC 28409 910-262-8733 m I`- m X a O O O 0 ru O m m 17 r Postage I $ Codified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorse me at Required) Total Postage & Fees t 1 & E I V E D ru,uu MAR 1 12014 P0A t /� ,} agN 05 NO m .1.hi uaub 171 Postage $ Certified Fee IIINGT09f�G r =l Return Receipt Fee ?,12. M Here 0 (Endorsement Required) y ^Qt4 1 L O Restricted Delivery Fee , +:,t`I, 1 (Endorsement Required) O 0.11 031111201Y N Total Postage & Fees $ O Irl Sent To �t� /,�eS �� m---••-•- .... -- rl Sliest, Apt No.; �• O orPOB=No. 31 e( Loele �}Ve^�` _______________1"(AVQ'� ---------------- ciy, srete, 9P44 r: RECEIVED DCM WILMINGTON, NC MAR 112014 OCRI MPa APPLICATION for Major ®euelopment Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT H. Prima ryApplkanl%L'andown"eilnformaMon Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address (4to LocQQi-Aje—. PO Box City (,,11 I,, , State .JL ZIP �� O� Country USA Phone No. rko -�162-,F73j ext. FAX No. Street Address (if different from above) City State ZIP Email SOtJ���-rlCln ✓l !� Sohn G�vrl r\.LOM 2 4gent/Contractorinformation, n. Business Name LL Agent/ Contractor l: First Name MI Last Name FO SG ( /tn c� � Agenll Contractor 2: First Name MI Last Name Mailing Address pp Ya 1 �Ziral X Cu•rrr PO Box City H-71-110 &eIA State /J L ZIP Phone No. 1 0 - Y G-7- % ext. Phone No. 2 - - ext. 7 o�i/.i FAX No. Contractor # Street Address (if different from above) City State ZIP Email ii 11 <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmana8em A4ARn.etJ 2014 Form DCM MP-1- (Page 2 of 4) APPLICATION for Major Development Permit 3. ` Project'Locatton ' County (can be multiple) Street Address State Rd. # N2w na-r_r C..f[O Loa2r Auen� Subdivision Name City � I (A�,�, -o. State pc- Zip - a8qo5 Phone No. Lot No.(s) (if many, attach additional page with list) 170-)c,z-P777 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project /% ( P. 'Z C w c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. BNalural []Manmade ❑Unknown y c W e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes CgNo work falls within. JV2w HL�n s+ir CUJ1 4 Site Description` ;;i ;. , , a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 60 (-&�f 60 Ti- X 300 F� c. Size of individual lot(s) - I (-I &cr 2 d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water /ev )" (If many lot sizes, please attach additional page with a list) n �, HW or ❑NWL e. Vegetation on tract / I. Man-made features and uses now on tract 4—,. (.7 — �riva��Pier g. Identify and describe the existing land uses adlacent to the proposed project site. St1\SILA.- rL ,o+ 6; 4et4-4,<. Sty h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? y-� (Attach zoning compliance certificate, if applicable) 0� 1 RYes [:]No ❑NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes .✓ENO 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 ,MNo ❑NA National Register listed or eligible properly? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252-80.8-2808 :: 1.888-4RCOAST :: www.nccoastalmanagemen5t�,p�g to 1 2OA Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (li) Are there coastal wetlands on the site? [9Yes [-]No (it!) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes 'mNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. pr,t Vag (a Q (l cL, J. o. Describe existing drinking water supply source. n n V -L, GJe l p. Describe existing storm water management or treatment systems. pp � 1V 0 S: Actfnitie - and Impacts 4' a. Will the project be for commercial, public, or private use? ❑Public/Government c❑�Commercial me �' Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Pr PtEr— f+nr- r"—� U SL owl-. 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. AriataS ! sow.+ v, FDr r;. C,A,, ( Sv_,�� o. �e.4-Sk; d. List all development activities you propose. r r fi t r / r ,� e. Are the proposed activities maintenance of an existing project, new work, or both? y f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres Noti+Z g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes XNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged into a wetland? []Yes 4No ❑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 ISNA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-808.2808 :: 1-888-41 :: www.nccoastalmanagement.n VAR I1201a Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit `6. Additlonillnformation In, addition to this completed appHcahon form (INP 1J the folloyvmg items'below', ff applicable must be submitted In cvderth for e appfrcaton package to be complete Items(a)" (f) are always applicable. to any,ma%ordevelopment appZication:':Please,consultffi6 application,"!', mstructlon bdokfei oh how to properly prepare; ffie requ/red items befow' a. A project narrative. SrZ= ;k 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. 5/Zh dr ; , /N-t y riD - w o L� 0 R k i-i A S 5'7AtZi r$ 13 c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. A—�A-5-OPM Q 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 comma is on the proposed project to the Division of Coastal Management. Name Phone No r 'Address'II L_o1+�cr l-CV�n✓�..%,¢�,..,,. 1—.''' �L-�rf'r-(0..9 .: �110 �%by S,I��4i t. Name �j 0 r�sC' Phone No. Address 2,1 N Loc>,e� ri ve joy r Wl(�n, C l i ��- � dd t(oi :,;Name - - Phone N' ''Address + g. A list of previous state or federal permits issued for workg^ the project tract. Include permit numbers, permittee, and issuing dates. '���JS'0'1� ISS�id�9 ��I3�2L3f% h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on 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 (b I I Print Name L _ Signature �. Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 9M MP-3 Upland Development M MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.na'.AR 112014 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYIMARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑Public/Govemment OPdvate/Community, c. (i) Dock(s) and/or pier(s) ri`istln / (ii) Number t (III) Length 16 r (iv) Width G (v)Floating [9Yes []No �'K—t1-6 aN r e. (I) Are Platforms included? ❑Yes RLNo If yes: (ii) Number (III) Length _ Qv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from drialins dimensions. g. (i) Number of slips proposed (it) Number of slips existing 1- L Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel XOpen water; no dredging required []Other, please describe: I k. Typical boat length: - — � m. (i) Will the facility have tie pilings? ❑Yes EdNo (ii) If yes number of tie pilings? ❑This section not applicable to. (i) Will the facility be open to the general public? ❑Yes ANo d. (1) Are Finger Piers Included? ❑Yes [gNo If yes: (ii) Number (iii) Length (Iv) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? 2fYes ❑No It (i) Nu flsOpry ' (ii) Number � '►- 5 le �O I'e (ii) Length r (iv) Width )a r It. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or , maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Q�L n�1 Jti� a. e r Jj A 1�' �<nec (inilsri I. (1) Will the faciti be open to the general public? ❑Yes ANO RECEIVED DCM WILMINGTON, NG MAR 12 2014 252-808-2808 :: 1-8884RCOAST :: www,nccoastalmanagement.net revised: 12127106 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITYIMARINA OPERATIONS a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: This section not applicable b. Describe treatment type and disposal location for all sanitary wastewater. c, Describe the disposal of solid waste, fish offal and trash. n004 - d. How will overboard discharge „of}sewage from boats be controlled? e. (I) Give the location and number of "No Sewage Discharge" signs proposed. &At III) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicab�le/.for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel Malr}ten nce be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. Ale j. What will be the marina policy o overnight and live -aboard dockage? A1�f- k. Describe design measures that promote boat basin flushing? Az RECEIVE I. If.this project is an expansion of an exx ling marina, what types of services are currently provided? p0M v,JILyIraG70N, NO �✓/ /� ... 9 qi M11, M. Is thh�frlarina/docking facility proposed within a primary or secondary nursery area? Yls ❑No 252-808-2808 :: 1-888-4RCOAST :: www, nc c oas tatmnnageme tit. net revised: '12i2TlOG Form DCM MP-4 (Structures, page 3 of 4) n. Is t anna/docking facility proposed within or adjacent to any shellfish harvesting area? Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL j Ge p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3, BOATHOUSE (including covered lifts) PE.This section not applicable a. (p Is the boathouse structure(s): []Commercial ❑PublidGovernment ❑PrivaletCommunity (ii) Number (!it) Length (iv) Width Note: Rooled areas are calculated from drfpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) (This secton not applicable a. (I) Number _ (ii) Length (III) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) gThis section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS *his section not applicable a. Is the slructure(s): ❑Commercial ❑PublidGovernment ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-886-41tC0AGT-:: www.nccoastalmanapemont.net revisod: 12!27/06 Form OCM MP-4 (structures, Page-4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b, Proximity of structure(s) to adjacent docking facilities. I l:f lS�rw ��,e A..-t. /(aV-ne.w ate(( IAlr rl-�- rip e'r\c.-. VAO'„I '" Note., For buoy or mooring piling, use am of swing including length f V of vessel. c. WidSh of tier body d. Water depth at wate0vard end of structure at NLW or NWL —60 -aI 1-0w -7l-Hb-ra e. (i) Will navigational aids be required as a result of the project? (52 'W-tv []Yes 00o ❑NA (ii) If yes, explain what type and how they will be Implemented. 8, OTHER ❑Thissecfionnot applicable a. Give complete description: 31If/(L( Date Project Name o Applicant Name Apple Sigre "_C'��� (fir l✓1 11/PLMIN(aiO NC MAR 12 2914 252-808-2808 :: 1-888.4RCO AST:: www.neconstalmanagenrent.net revised: 12r27106 C),v • A c 4 A.A. T I LV ---- - - -------- • U P L'G ----- ----- -T1 I I I J. ii J FT, i \'v K)! I. let wZ€TM )N 'r JiJNIW7IM INOO RECEIVED DCM WILMINGTON, NC 410 Loder Ave Wilmington, NC Satellite Map and View - MapQuest Page 1 of 1 Notes Map of: 410 Loder Ave j Wilmington, NC 28409-4342 FREE NAVIGATION APP rEnter your mobile number SELECT: rIPHONECANDROID I — r Sl,ctf-% ��TweC-� StizeS-. RECEIVED DCM WILMINGTON. NC MAR I I Z014 http://www.mapquest.com/print?a=app.core.afdfc3 fef 7l5a9l5a97eac64 2/21/2014 410 Loder Ave, Wilmington, NC 28409 Directions, Location and Map I MapQuest Page 1 of 1 ?q �I Notes tl t1 tlf6l����YJ���o j i r Map of: 410 Loder Ave Wilmington, NC 28409-4342 FREE NAVIGATION APP SELECT: rIPHONErANDROID ,I LIT'V40 Enter your mobile number flt Hr/js� 1000 tnBpgU®/st 200m ©201BMapQu¢st - portions ©2014 NAVTEQ i Terms I Privacy 02014 MapQuest Ina Use of directors and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, mad cons iflons or mute usability. You assume all risk of useMewv Terms of Use RECEIVED DCM WILMINGTON, NC MAR 112014 http://www.mapquest.com/print?a=app.core.afdfc3fcf7l5a9l5a97eac64 2/21/2014 AMAAQ: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary 79 March If 2014 ec IVEF MEMORANDUM: MAR 18 2014 TO: Georgette Scott Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE s��zll 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-7215 \ FAX: 910-395-3964 Internet: www.neomstalmanagement.net APR 0 g 2014 An Equal Opporlunity \ Atfurna6ve Action Employer 1 '1 M" w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary 2A March i<2014 MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave., adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April22, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _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 !��/ a DATE 4 1ZV if I t4 �a ti - f o`4) 907MM 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215\ FAX: 910.395.3964Internet: www.necoastalmanaoement.net APR O 7 An Equal Opportunity \ Aflinalive Action Employer DCM-M mi CITY Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mill Sent: Wednesday, April 02, 2014 2:38 PM To: Howell, Jonathan; Mairs, Robb L Subject: Patrick Southerland boat lift, 4510 Loder Avenue (UNCLASSIFIED) Attachments: GP56.pdf Classification: UNCLASSIFIED Caveats: NONE I received the application for the above described project on April 1, 2014. The project qualifies for a GP 56. The conditions are attached. The AID for this project is SAW-2014- 00594. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith(ausace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesuryey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 1 03-31-'14 13:46 FROM- T-593 P0002/0002 F-032 4 NCNE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary March 0,, 2014 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Patrick B. Southerland Project Location: 410 Loder Ave„ adjacent to Myrtle Grove Sound / AIWW, in Wilmington, New Hanover County Proposed Project: to expand an existing private 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 April 22,2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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 _s. DATE 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-790.72151 FAX: 010,395-3984Internet: www.nccoastalmana-qqment.net An Equa10pKrWN Y APnmali%Action Emplcyef Recommendations for State Permit — Patrick B. Southerland 3/26/2014 The total area of platforms and floating dock were calculated as follows: Shoreline length = 60' x 8 sq. ft = 480 sq. ft. allowable. RECEIVED Partially covered platform = 280 sq. ft (due to alignment) Floating dock= not calculated due to alignment and dimensions 1 APR 0 2 2014 Total = 280 sq. ft. 1r. It is the staffs recommendation that the proposal appears that the project is CONSISTENT with 09MMclVVds set forth in NCAC 07H .0208(bx6). The proposed structure would be located entirely over open water and would not extend beyond the established pier head line, aforementioned. Further, it also appears that the proposed structure would not exceed beyond the terminal end of the existing floating dock distance, which are CONSISTENT with the rules set forth in NCAC 07H .0208 at the time of the original permit including the established pier headline. As proposed this office has no objection to the proposed project. If the project is determined to be consistent with NCAC 07H .0208(bx6), and all other state, federal and local regulations, it is recommended that any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 7. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with 07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. 9. This permit authorizes a maximum of three (3) boat slips. At no time shall more than three (3) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the docking facility. Furthermore, due to the proximity of the AIW W, boats utilizing the docking facility will be subject to frequent wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall n of fate of North Carolina or the United States liable for any damage to the structure or moored boats. ti APR 0 2 2014 DCM-Nm ary MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Patrick Southerland, New Hanover County Date: April 1, 2014 Consistency Determination: , This project is consistent with the 2006 Wilmington -New Hanover County.joint Land Use Plan. The applicant proposes to expand the existing docking facility within Myrtle Grove Sound. The project is located at 410 Loder Avenue, adjacent to the AIWW in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ORW and PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan Cc: File 410 Loder Ave Wilmington, NC Satellite Map and View - MapQuest Page 1 of 1 Notes mapquest Map of: 410 Loder Ave Wilmington, NC 28409-4342 FREE NAVIGATION APP Enter your mobile number SELECT: rIPHONErANDROID I C2014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Teens of Use. We make no guarantee of the accuracy of their content, mad conditions or route You assume all risk of use.View 1"erms of Use APR 14 2014 fsl--,.cc r J S�,fF S S SdF- RECEIVED DCM WILMINGTON, NC MAR I 1 9..0141 http://www.mapquest.com/print?a=app.core.afdfc3fcf7l5a915a97eac64 2/21/2014 410 Loder Ave, Wilmington, NC 28409 Directions, Location and Map I MapQuest Page 1 of 1 ytnn Notes Map of: 410 Loder Ave Wilmington, NC 28409-4342 FREE NAVIGATION APP Enteryour mobile number SELECT: (''IPHONErANDROID I @2014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, mad conditions or mute usability. You assume all risk of usoMew Terms of Use RECEIVED DCM WILMINGTON, NC MAR :d 12014 http://www.mapquest.com/print?a=app.core.afdfc3fcf7l5a9l5a97eac64 2/21/2014 5 p FOR REGISi wklz ECCq P REGISTER 1007 qN 9 ,OUNr TN NC OF eFFOS BK'5115 Po.2563-2569 fEE PM INSTZ V9.00 MfNT �147000476 NOTE AND SECURITY INSTRUMENT MODIFICATION AGREEMENT AFTER RECORDED RETURN TO: Bank of America, N.A. ATTN: Construction 9000 Southside Blvd., Ste. 700 Jacksonville, FL 32256 PARCEL NUMBER: LOAN NUMBER: 6742331918 This instrument was drafted by: Barbara Leuellen Robertson & Anschutz 10333 Richmond Avenue, Suite 550 Houston, TX 77042 713-871-9600 The State of North Carolina County of New Hanover n�1.z y 1). R--7 Recitals 2IIII700I4II6NINIiIN �IIIN IIIhiINN KNOW ALL MEN BY THESE PRESENTS: This agreement ("Modification Agreement") is made on October 01, 2006, between Cynthia J. Southerland and Patrick B. Southerland, wife and husband, (herein "Borrower") and Bank of America, N.A. (herein "Lender"), whose loan servicing address is P.O. Box 9000, Getzville, NY 14068-9000, for a Modification of that certain Deed of Trust, Mortgage or Security Deed (the "Security Instrument) and Note dated September 30, 2005, in favor of Bank o° ' --mot^a- N.A. and any previous modification(s) thereof, said Note being in the original principal amount o 1 Security Instrument having been recorded in/under Book 4915 at Paae 2267 or ahe Official Records of Real Property of New Hanover County, North Carolina, coveting property described as follows: See Exhibit "A" attached hereto and made a part hereof for all purposes WITNESSET14: WHEREAS, Borrower now desires to modify the Note and ratify said liens against the Property; and WHEREAS, Lender, the legal owner and holder of said Note and liens securing same, in consideratiAECEIYED of the premises and at the request of the Borrower has agreed to modify the Note as hereinafter provided; and (R&A) anot43141-modagmzbu-Rev. 1a1112006 Pagel A,- < 14 2014 DCl1 Mmm RECEIVED DCM WILMINGTON, MC WHEREAS, Borrower and Lender desire that the Security Instrument and Note be modified as herein provided but that all terms not so modified remain unchanged and in full force and effect. NOW, THEREFORE, in consideration ofthe foregoing,thepartieshereto agree that the Note and Security Instrument are hereby modified as shown in "Attachment A", attached hereto and made a part hereof for ail purposes. Further, it is expressly agreed that for and in consideration of this Modification Agreement, Borrower herebyreleases and foreverdischarges Lender and ifs officers, directors, counsel, employees, agents, predecessors, successors, and assigns from all causes of action, claims, rights, and controversies, known or unknown, which Borrower had, now has, or may hereafter acquire which relate to, are based on, arise out of, or are in any way connected with any acts of Lender or its above affiliates occurring prior to the execution of this Agreement and relating in s is a gany manner to the above described Note or Security Instrument or the Property described herein or therein. Thieneral release of all possible claims and causes of action of every kind and character related to the above described subjectmatter and 1s to be interpreted liberallyto effectuate maximum protection ofLendcr and its above affiliates. The Borrowerherebyratifies said liens on the Propertyuntil the Note as so modified hereby has been fully paid, and agrees that this renewal, extension and/or modification shall in no manner affect or impair the Note or the liens securing same and that said liens shall not in any manner be waived, but are acknowledged by Borrower to be valid and subsisting, the purpose of this instrument being simply to modify the Security Instrument and the time and manner of payment of the Note and ratify all liens securing same, and the Borrower further agrees that all terms and provisions of the Note, the Security Instrument and the other instruments creating or fixing the liens securing same shall be and remain in full force and effect as therein written except as otherwise expressly provided herein. A breach or other default of any ofthe terms of this Agreement by Borrower shall constitute a breach or default under the Note and Security Instrument, and Lender shall thereupon have the right to seek all remedies available to it under the aforesaid loan instruments. Borrower covenants and agrees that the rights and remedies of Lender under this Agreement are cumulative of, are not in lieu of but are in addition to, and their exercise or the failure to exercise them shall not constitute a waiver of, any other rights and remedies which Lender shall have under the Note or the Security Instrument. Borrower covenants and agrees thatthis Agreementrepresents the final agreementbetween Borrower and Lender relating to the above described subject matter and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements ofthe parties hereto. Borrower further covenants and agrees that there are no unwritten oral agreements between parties hereto relating to the above described subject matter. As used herein "Lender" shall mean Bank of America, N.A. or any future holder, whether one or more, of the Note. (FAA)RA0143141-m"damlbu-Rev. 10/1141006 Paget DOM WILMINGTON, NC MAR this the 24th day of October Cynthia J. Date e October 01, 2006. STATE OF NORTH CAROLINA, OC-U 1 r��t l�� County II 1, �c- E i (12c� , a Notary Public of the County of I1/tu1 k A,&' Jt z- , State of North Carolina, do hereby certify that Cynthia J. Southerland and Patrick B. Southerland personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this- day of / Notary Public Name and tile My commission expires: �I29/oY C'FF! 1ALSEAL I, >) Norary Publw; - Nortb Caroxna t NLW HANOUER COUNTY -'. a D -AURA E. AL4E/ 9 APR 14 2014 (PAA)RA0143141-UWagx2l.-Rev. 10/11/2G06 Page DM-INMCRY RECEIVED DCM W]ILMINGTf`R' ' MAP I %: ACCEPTED AND AGREED TO BY THE OWNER AND HOLDER OF SAID NOTE: BANK OF AMERICA, N.A. By: INdk,a Witness: N udy L. ee er Titl • ice President Witness: Corporate Acknowledgement STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Judy L. Beller, as Vice President of Bank of America, N.A. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the C t v� day of My Commission Expires: (Jf D - o c? (0 ) Notary Public In and for The State of Texas Name: g�ati {�I 'f PUBLIC '-'?' OF TEXAS Exp. 06.09.07 DCM WILMINGT� NC MAR .11 _ , ATTACHMENT A The Note shall be and hereby is amended as follows: The principal amount evidenced by the Note is changed from . I-- --+ 4the monthly payments of principal and interest set forth in paragraph 3, is changed from The Addendum or Rider to Note shall be and hereby is amended as follows: The principal amount evidenced by the Note is changed from The Security Instrument shall be and hereby is amended as follows: Reference to the principal sum owed by Borrower to Lender is changed from (R&A) RAd141141a) RECEIVED DCM WILMINGTON, NC ;NUR ! I Z014 $EMM APR 14 2014 DC&f.MRD CITY EXNINIT A TRACT 1: All of that lot or parcel of land known and designated as Lot #1 of the subdivision of Myromer, according to plat or map of said subdivision recorded in Map Book 3 at Page 10 0£ the Registry of New Hanover County. TRACT 2: Beginning at the Northwest corner of Lot 1 no shown on a map titled °Layout of Myramar Camp Sites" which is recorded in Map Book 3 at Page 10 of the New Hanover County'Registry; running thence North along the eastern line of Allen Avenue 10 feet; thence East and parallel with the northern line of Lot 1, Myreasr Camp Sites, 300 £net, more or leas to the high water mark of Myrtle Grove sound; thence South along the high water line of Myrtle Grove Sound, 10 feet, more or leas to the northeast corner of the said Lot 1, Myramar Camp Sites, thence West along and with the Northern line of the said Lot 1, 300 feet more or leas to the point of beginning. The some being all of that tract of Sand 10 feet in width adjacent to Lot 1, Myramar Camp Sites. Tract 2 above described is conveyed without warranty. DCM WILM NIGTON; NC' REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1ft1f MfHlHflfHHff NfH1R1R11rt1OHiMYt�Hff f1f HHf RRH}R1t1H/IHIfHfHf1HHYMYIM'tIFYYfMfHHRtR1fHf HtifYffff Filed For Registration: Book: Document No.: Recorder: 01/04/2007 03:01:52 PM RE 5125 Page: 2563-2569 2007000476 MODIF 7 PGS $29.00 NELSON, JACQUELINE State of North Carolina, County of New Hanover LL 0_ F_ Q LLJ � RECEIVED ?L APR 1 a DCM-MHD CITY YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007000476* 2007000476 RECEIVED DCM WILMINGTON, NC DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. 3. 4. 5. 6. 8. APPLICANT'S NAME: Patrick B. Southerland LOCATION OF PROJECT SITE: 410 Loder Ave., adjacent to the Atlantic Intracoastal Waterway (AIWW) and Myrtle Grove Sound, in New Hanover County. Photo Index — 2006: 21-7383, Q-15 2000: 21-263, R- 14 1995: 21-246, P-24 State Plane Coordinates - X: 2342271 Y: 137884 Rover file: 0-031214A Latitude:34°07'24.54478"N Longitude:77°52'09.07339"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/12/14 Was Applicant Present - No PROCESSING PROCEDURE: Application Received - 3/21/14 (complete) Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Conservation / Resource Protection (B) AEC(s) Involved: PT, EW, ORW (C) Water Depend e es (D) Intended se: Pnvate (E) Wastewater : Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Single family residence, bulkhead and privatetA ckin_�acility Planned — Expansion of existing private dock�VVBBDD (G) Estimated Annual Rate of Erosion: N/A Source - N/A F i 14 2014 HABITAT DESCRIPTION: [AREA] P DCM-MHDCITY DREDGED FILLED OTHER (A) Vegetated Wetlands - Shaded (B) Non -Vegetated Wetlands - Open water 96 sq. ft. (Incorporated) (C) Other - High ground disturbance (D) Total Area Disturbed: 96 sq. ft. (0.002 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand an existing private docking facility within Myrtle Grove Sound. Patrick D. Southerland Page Two 9. PROJECT DESCRIPTION: The project site is located at 410 Loder Ave., adjacent to the AIW W/Myrtle Grove Sound, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO), take S. College Road (NC Hwy 132) south approximately 7.5 miles towards Carolina Beach. Turn left onto Piner Road at the intersection of S. College Road and NC Hwy 421, and follow Piner Road until you reach a stop sign at Myrtle Grove Road. Turn right onto Myrtle Grove Road and travel south approximately 0.4 mi. until you reach Loder Ave., which will be located on the left. Turn left onto Loder Ave. traveling east until you reach the property of interest. The applicant currently maintains an elevated two-story residence on the property which encompasses approximately 0.4 acres. The approximately 60 linear feet of shoreline is stabilized by a vinyl bulkhead. The highground portion of the property is primarily maintained lawn grass and ornamental landscaping. The area waterward of the existing bulkhead consists of mixed §404 Wetlands type vegetation and Coastal Wetlands, which includes:, Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), Sea Ox-eye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens). Low marsh consists primarily of Smooth Cordgrass (Spartina alternii fora), which covers an area approximately 120' in width towards Myrtle Grove Sound/AIWW. The applicant maintains a docking facility waterward of his residence, which was authorized under CAMA General Permit No. 27450-D on 6/13/2001. An existing access pier extends towards the AIWW for a distance of approximately 165' in length by 6' in width, which spans the area of marsh. The pier then terminates onto an existing roof covered platform, measuring approximately 20' in length by 20' in width, which is located on the south side of the existing access pier, creating an "L-shaped" configuration. An access ramp leads onto an existing floating dock, measuring approximately 24' in length by 6' in width, which runs perpendicular to the shoreline and in the same alignment as the access pier. There is an existing boatlift, measuring approximately 14' in length by 12' in width located on the southern side of the existing floating dock. The existing docking facility could potentially accommodate up to two (2) vessels at this location. The application states that the existing water depth at the terminal end of the docking system is approximately -2.0' to -3.0' @ normal low water (NLW) (See Sheets 1 and 2 of 2). The Wilmington -New Hanover County 2006 CAMA Land Use Plan Update classifies the area as Conservation. The waters of Myrtle Grove/AIWW in the vicinity of the project site are classified as Outstanding Resource Waters (SA-ORW) by the NC Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, and is OPEN to the taking of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private docking facility within Myrtle Grove Sound. A new single-p 1c 1 boatlift measuring approximately 12' in length by 8' in width, would be installed on the landward side of the existing floating dock and covered platform located on the southe=tota1Teseu(u3) ocking facility. The expansion of the existing docking facility would accommoda vessels' •See Sheets 1 and 2 of 2 and Project Narrative). Patrick B. Southerland Page Three 10. ANTICIPATED IMPACTS: The proposed expansion of the existing docking facility would incorporate an additional approximately 96 sq. ft. of Estuarine Waters and Public Trust Areas, which is essentially within an area usurped by the existing docking facility. The existing footprint of the facility would not extend waterward or laterally of the existing structures, which extends approximately 92' into a waterbody, which measures approximately 620' across. This distance would conform to the 1/4 width rule and would not extend beyond the established pier head length. As proposed, the applicant's proposal would not encroach into the USACE 80-foot setback requirement from the AIWW and the adjacent 15' Riparian Corridor Setback Area requirement. The proposed single -pole boatlift would provide an additional slip for a total of three (3) vessels at the existing docking facility within existing water depth of approximately -2.0' @ NLW. Minor turbidity should be expected during the construction process. RECEIVED APR DG:tr-n��n crry Submitted by: Robb Mairs Date: 3/26/2014 Office: Wilmington Project March 10t'. 2014 Thank you for consideration of this project. My family and I have lived at 410 Loder Avenue for the past 15 years. We have a private -pier used for pleasure. The pier has two boat slips. One side of the floating dock is used to tie. up a boat while in the water. The other side of the floating dock has a lift when the boat is not in use. We would like to add another small scale boat lift on the same side as the existing boat lift. It would be between the existing boat lift and our gazebo. The purpose of this lift would be to store a small skiff or jet ski. This slip would.fail into the existing footprint of our current structure -and would not encroach on any set back requirement. If you have any questions or comments, please contact the NC Division of Coastal Management per the attached card. Thank you Brad Southerland 410 Loder Avenue Wilmington, NC 28409 910-262-8733 m 41 . .�". Postage m $ a J 6 17. E I V Imo. I] '11 Certified Fee r w& ON, I'J0M 0 Return Receipt Fee WILOUII NC (Endorsement Required) (EedowmentRecired) ill"D0 MAR 1 12014 !r7.�al ru US(1i12{114 Total Postage &Fees O m ,+ l Sent To . r�„ 90A � - ri Sireet,A=No. '.; ,t O or PO Box Noa-II (.. ______________� __ f I`- Crry SI91e, ZIPt4 t L 8N o5 N�•M1 m z•I.61I 4W) r` Postage Certified Fee AINGT(11�I rq C3 Return Relespt Fee s s Here !s , 71J EM (Endorsement Reglred) 1 y I 1 O Restricted Delivery Fee (Endorsement Required) ru Total Postage & Fees O m L Sent To rl SYieet, ApClJo.:...............___ O orPOBox No. 31 Y Loer• A� ^'" ________..__...___,._____.______ ______________ le _• City Sfate ZIF+4 .l�.rti -s-•_ Nc agy�9 RECEIVED DCM WILMINGTON, NC MAR 112014 ON MP4 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: Fi t Name MI Last N me hjc.t./— O -r- 0.. Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. MailingAddressA / "1 0 Lo d-ar AC je PO Box City 'M,w 4a, State AJ C — ZIP o f q OQ 1 Country u s A Phone No. 010-A,2-JP773 ext. FAX No. Street Address (ifdifferent from above) City State ZIP Email �1 / SO0+ke 2. Agent/ContractorInformation APR 14 Business Name ^ Agent/ Contractor 1: First Name MI Last Name Fo Q- Agent/ Contractor 2: First Name MI Last Name Mailing Address / s H-v -etcC Cum PO Box CRY orr.tiA State ZIP (�! , Phone No. 1 ?10- 7G7- ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> RECEIVED DCM WILMINGTON, NC 252-808.2808 :: 1.888.4RCOAST :: www.noeoastalmanagem AVARn.14 %U -i; W 2014 ED Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit IT 3 " Project.Location County (can be multiple) Street Address State Rd. # f�2w �ner /j (,-f(O LoJer jTVenu` Subdivision Name City �J,��,�,��. State ,QC_ Zip -ORL(og Phone No. Lot No.(s) (if many, attach additional page with list) ' (0-9(A-97)7 - ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project flJ ( A 'ZC L.w 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 � W e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes MNo work falls within. JL.12w 4 Site Description ; a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) (00 r't (oO Ft- >c 300 F� c. Size of individual lot(s) — I h &cr e_ d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water lev (If many lot sizes, please attach additional page with a list) +�- HW or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract (&S l _ Pe., t _7 g. Identify and describe the existing land uses ad acent to the proposed project site. S`^S L,__ F—u,,1 J a+% o � Q,44N;, Sty..,` h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) J ERYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes .IKNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. [-]Yes ®No ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a []Yes XNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 9-888-4RCOAST :: www.nccoastalmanagemenkM" 120% 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? [9Yes ❑No (Ili) If yes to either (1) or (11) above, has a delineation been conducted? ❑Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. prl .ate wQ (l i o. Describe existing drinking water supply source. p. Describe existing stone water management or treatment systems. N 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernmenl or�k 9POvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Rtly 4-z P k e r f"r Fw^,.'-1 Ulf- oNk'Y 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. (` Aci a t - S 1 S 40 � ' .S l r /,� lam / (ice r A4 - .1 1 2.-� .i 14 V Ih G✓ y12� / r•. d. List all development activities you propose. N e. Are the proposed activities maintenance of an existing project, new work, or both? IA-r /❑Sq.Ft f. What is the approximate total disturbed land area resulting from the proposed project?. „N 1^ NA or []Acres/ `-'- z g. WIII the proposed project encroach on any public easement, public accessway or other area []Yes JMo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. v Vse 1. Will wastewater or stonnwater be discharged into a wetland? []Yes ,SNO ❑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 19NA If yes, attach a mitigation proposal. <Form continues on back> 4 2014 :It M RECEIVED DCM WILMINGTON, NC 252-808.2808 .. 1-888-4RCOAST .. wwva.nccoastaimanagement.neIAR 112014 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6 ' Additional lnformavon In, addition to this completed appl(c&fdn form :(MP 1) the following items below if applicable must be submitted In orde�forthe appdcation `package to be.complote. Items'(a), (f)ais always appltcableto anymalor development 'application. Please,consudthe appllcatibh ' instrQction booklet oq how to prop'any prepare, the required items below '`' a. A project narrative. - S lz f` i�TV —,k r-tfr 0 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. Snpi , k A-L y rn o — /l! o f�, e rx K 14 A S $ , AQ ,ri #3 c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. A—. �A-c-ePm 0 d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comma is on the proposed project to the Division of Coastal Management. Name U may' .,_ , / Phone No v *Address ',l l Laae'r, A:v„�...L✓ri f..�r �' �� �(O 9 ,.:�,IO �%� (� 1. (, Name �j /� t. Phone No. Address �� LU L�C^ /C'-ye 1rr� �t (�.., )Vt �i-O �OS (J ni/nown Phone No g. A list of previous state or federal permits issued for work the project tract. Include permit numbers, permittee, and issuing dates. issr„�� h. Signed consultant or agent authorization form, if applicable. d. 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 statementof with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. L���/// I further certify that the information provided in this application is truthful to the beast of my knowledge. /� Date �I j a I f `t Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 9M MP-3 Upland Development M MP-4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808.2808 :: • 1-888-4RCOAST :: www.nccoastalmanagement.nYt9R 112014 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking fadlity/marina: ❑Commercial ❑Publie/Govemmenl ZPdvate/Community c. (i) Dock(s) and/or piers) 4/)t (ii) Number (IN) Length I L (iv) Width (v)Floating INYes ❑No nor}`^t4 a41 e. (1) Are Platforms included? Dyes WLNo If yes: (il) Number 9.10 Length (iv)Wldth _ (v) Floating ❑Yes ONo Note:i Roofed areas are caku/ated from dnpline dimensions. UNumboi slips proposed of slips existing 1. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel XOpen water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes JNo (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO d. (I) Are Finger Piers included? ❑Yes (gNo If yes: (ii) Number (ii) Length IN) Width (v) Floating ❑Yes ❑No I. (i) Are Boatlifts induded? IpYes ONO . If u Dr•0�0 (!I) N))� k (ii) Number f S r K (iii) Length �r 1 IN) Width la r h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or - maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: _ RBCEM ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: APR 14 2014 j. Describe the typical boats to be served (e.g., open runaboRM.M0C" charter boats, sail boats, mixed types). 0 A� ae r /La St v.,'�/ 1.7' 74�tr AnTL't I. (1) Will the facilq be open to the general public? ❑Yea ANo RECEIVED DCM WILMINGTON, NC MAR 12 2014 252-808-2808 :: 1-888.4rtCOAST :: www.necoastaimanailenient.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoug Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. 1' i 0 i14�. d. How will overboard discharge of sewage from boats be controlled? 1 v� a. (i) Give the location and number of "No Sewage jDischarge" signs proposed. Y / /k (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if a 6 i, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n g. Where will residue from vessel maintenance be disposed of? /V/W h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. it 11-� j. Whatwill be the matins policy opoovvernight and live -aboard dockage? YV �( k. Describe design measures that promote boat basin flushing? I. If -this project is an expansion of an ex gng marine, what types of services are currently provided? DOM W ILMINGTON, NO 1�!/+ n 4 2 29111 m. Is tfacility proposed within a primary or secondary nursery area? p4arinaldockIng es ❑No 252.009-2808 :: f-t100-4RCOAST :: www.nccoastalmana4ement.net revised: 'I2i27I00 Form DCM MP-4 (structures, Page 3 of 4) n. Is t arinaldocking facility proposed within or adjacent to any shellfish harvesting area? Yes ❑No o. Is the mannaldocking facility proposed within or adjacent to coastal wellandahnarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 OWL ZlZne — p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes 1prvo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) is section not applicable a. (p Is the boathouse stmcture(s): ❑Commerclai ❑PubliclGovernment ❑Private/Community (11) Number ((it) Length (N) Width Note: Roofed areas are calculated Irom dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Na rock groin, use MP-2, Excavation and FiB.) This secKion riot applicable a. (I) Number (11) Length (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) hls ser�n n a. Length _ b. Average distance from NHW, NWL, or wetlands I L R 14 2014 c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable A. Is the structure(s): ❑Commercial ❑Public/Governmenl ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number it Description of buoy (color, inscription, size, anchor, etc.) DCM WILMINGTON, NC MAR 12 2014 252-808-2808:: 1-888-411COAS1 :: www.ncco:rstaimnuagemcnt.net revisod; 12!27106 Form DCM MP-4 (Structures, Pane 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. One. S, J ner,,, (,fit- a i( I^it J,. - ripRrt ti n/a /J �"� if'-o a o VV A� Note: For buoy or mooring piling, use arc of 'swing including length of vessel. c. Width of water body —6)0 11 e. (i) Will navigational aids be required as a result of the project? ❑Yes jRNo ❑NA (it) If yes, explain what type and how they will be Implemented. d. Water depth at waterward end of structure at NLW or NWL —a' Low 7'rttb-14 62 rVLW & OTHER ❑This section not applicable a. Give complete description: Acu,n� e) -s Sn.r..(/ ter k&% i-Wo K�rQS ot,% o. t l rl -{--a /,X. l R A_ S'k-,( ( 31./I/tY Date Project Name Applicant Nam Appl Sfg to St—, er ,fir%NP I�JILM) NGTpN, NC MAR 12 2014 252-808.2808 :: 1.880-4RCOAST :: www.ncconstahnsuagcment.uot revised: 12r27I06 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 26, 2014 Patrick B. Southerland 410 Loder Avenue Wilmington, North Carolina 28409 Dear Mr. Southerland: John E. Skvada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed development at your property located at 410 Loder Ave. off Myrtle Grove Sound Road, adjacent to Myrtle Ground Sound, in New Hanover County. It was received as complete on March 21, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 5, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 21, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application•. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. FobbL.YL7'� Field Representative Wilmington District Office N.C. Division of Coastal Management cc: Jonathan Howell, DCM Ronnie Smith, USACE Patricia Roberts, NH Co. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910395-3964 Intemet: www.nccoastalmanagement.net ItECEIVED APR 0 2 2014 1)CM-MAD Cl'TS' An Equal Opportunity 1 AMnnalive Acbm Employer NOTI(01*17j LAMA PERMIT APPLIED FOR " PROJECT: Applicant proposes to expand an CONANMEN T � ACCEPTED �T1'G-'0 G G- ARM 22, 2014 APPLICANT: Q FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div of Coastal Management 127 Cardinal Dr. Fxt Wilming on, NC 28405 Robb Mairs, Field Representative 910-796-7423 For. Patrick B. Southerland FOR Re. GIST NEWRFBV CA01 REGISr 2�A7 WVER C?,r1THER OF OEEDS BK:5125 PG.2563 03: Ai Y�1 PM � �'l29.00 VOW � �0704D416 NOTE AND SECURITY INSTRUMENT MODIFICATION AGREEMENT AFTER RECORDED RETURN TO: Bank of America, N.A. ATTN: Construction 9000 Southside Blvd., Ste. 700 Jacksonville, FL 32256 PARCEL NUMBER: LOAN NUMBER: 6742331918 This instrument was drafted by: Barbara Leuellen Robertson At Anschutz 10333 Richmond Avenue, Suite 550 Houston, TX 77042 713-871-9600 The State of North Carolina County of New Hanover Daniel D.1 L-z Recitals UIII hll� UI NNIIIINI IIIIIIII Illh'�I� 2007000476 KNOW ALL MEN BY THESE PRESENTS: This agreement ("Modification Agreement') is made on October 01, 2006, between Cynthia J. Southerkand and Patrick B. Southerland, wife and husband, (herein "Borrower") and Bank of Americs, N.A. (herein "Lender"), whose loan servicing address is P.O. Box 9000, GetzviBe, NY 14068-9000, for a Modification ofthat certain Deed of Trust, Mortgage or Security Deed (the "Security Instrument") and Note dated September 30, 2005, in favor of Bank of N.A. and any previous modification(s) thereof, said Note being in the original principal amount o 1 Security Instrument having been recorded in/under Book 4915 at Paae 2267 or the Official Records of Real Property of New Hanover County, North Carolina, covering property described as follows: See Exhibit "A" attached beret* and made a part hereof for all purposes WITNESSETH: WHEREAS, Borrower now desires to modify the Note and ratify said liens against the Property; and WHEREAS, Lender, the legal owner and holder of said Note and liens securing same, in consideration of the premises and at the request of the Borrower has agreed to modify the Note as hereinafter provided; and (MA) RAO143r41 - mo&gm2.bu - Rev. 10/11/2006 P.p I tAP l3ECEPJW R 0 2 2014 DC'�•>�'?I rrrY RECEIVED DCM WILMINGTON, NC MAR 112014 WHEREAS, Borrower and Lender desire that the Security Instrument and Nate be modified as herein Provided but that all terms not so modified remain unchanged and in full force and effect. NOW, THEREFORE, in consideration of the foregoing, theparties hereto agree that the Note and Security Instrument are hereby modified as shown in "Attachment A', attached hereto and made a part hereof for ail purposes. Further, it is expressly agreed that for and in consideration of this Modification Agreement, Borrower herebyreleases and foreverdischarges Lender and its officers, directors, counsel, employees, agents, predecessors, successors, and assigns from all causes of action, claims, rights, and controversies, known or unknown, which Borrower had, now has, or may hereafter acquire which relate to, are based on, arise out of, or are in any way connected with any acts of Lender or its above affiliates occurring prior to the execution of this Agreement and relating in any manner to the above described Note or Security Instrument or the Property described herein or therein. This is a general release of all possible claims and causes of action of every kind and character related to the above described subject matter and is to be interpreted liberally to effectuate maximum protection of Lender and its above affiliates. The Borrower hereby ratifies said liens on the Property until the Note as so modified hereby has been fully paid, and agrees that this renewal, extension and/or modification shall in no manner affect or impair the Note or the liens securing same and that said liens shall not in any manner be waived, but are acknowledged by Borrower to be valid and subsisting, the purpose of this instrument being simply to modify the Security Instrument and the time and manner of payment of the Note and ratify all liens securing same, and the Borrower further agrees that all terms and provisions of the Note, the Security Instrument and the other instruments creating or fixing the liens securing same shall be and remain in full force and effectas therein written except as otherwise expressly provided herein. A breach or other default of any of the terms of this Agreement by Borrower shall constitute a breach or default under the Note and Security Instrument, and Lender shall thereupon have the right to seek all remedies available to it under the aforesaid loan instruments. Borrower covenants and agrees that the rights and remedies of Lender under this Agreement are cumulative of, are not in lieu of but are in addition to, and their exercise or the failure to exercise them shall not constitute a waiver of, any other rights and remedies which Lender shall have under the Note or the Security Instrument. Borrower covenants and agrees that this Agreementrepresents the final agreement between Borrower and Lender relating to the above described subject matter and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements ofthe parties hereto. Borrower further covenants and agrees that there are no unwritten oral agreements between parties hereto relating to the above described subject matter. As used herein "Lender" shall mean Bank of America, N.A. or any future holder, whether one or more, of the Note. (RaA)RA0143141-moftm2bu-Rcv. Ia/II/2006 Per 2 Dam WILM NIGTON, NC MAH I I EXEr this the 24th day of Octoberr, 6 to effective October Ol, 2006. Cynthia J. SoutiMrl/d� Date VO*Crick B. Southerland Date STATE OF NORTH CAROUNA, ' �'�U� }i "Ale,X County 1 ' ` I, �u- E � 1 \(2-tc- , a Notary Public of the County of Ot.t) RUB 1j6`?- State of North Carolina, do hereby certify that Cynthia J. Southerland and Patrick B. Southerland personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this 'J-�j day of J-cx�- I �y// �� QLbF z //q�0 "'1' Notary Public Name and title My commission expires: ,S�i29Y (R&A)RA0143141-MARgx2.bu-Aev. 104 II2006 Page +s C'FFiGIALSEAL I, - y NCtary Publc - NpM Cvolirie ly. ji h'fW HANOVER COUNiY !.AURA -,.gSion ExPi�es��/� S APR 0 2 2014 DCM-MAD CITY RECEIVED DCM WILMINGT('"' 1 MAR j X �_ ACCEPTED AND AGREED TO BY THE OWNER AND HOLDER OF SAID NOTE: BANK OF AMERICA N.A. By Witness: N : udy L. Baler- TitIdVVics President Witness: Corporate Acknowledgement STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Judy L. Beller, as Vice President of Bank of America, N.A. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 0-2ZA day of r))C/( , 2006 My Commission Expires: —(g(()_0R,VD Notary Public in and for The State of Texas Name: € ?UREIC .{ •I/ UFTEXAS (06.09-07 RECEIVED DCM WILMINGTG NC )op � i ti1i ATTACHMENT A The Note shall he and hereby is amended as follows: The principal amount evidenced by the Note is changed from -- --f nf the monthly payments of principal and interest set forth in paragraph 3, is changed from The Addendum or Rider to Note shall be and hereby is amended as follows: The principal amount evidenced by the Note is cbanged from The Security Instrument shall be and hereby Is amended as follows: Reference to the principal sum owed by Borrower to Lender is changed from (AkA) IU0143141-umde®zI bax (aWcErtem s) RECEIVED APR 0 2 2014 DWMmarY RECEIVED DCM WILMINGTON, NC MAR 112014 $YHIBIT A TRACT 1: All of that lot or parcel of land known and designated as Lot #I of the subdivision of MyraMar, according to plat or map of said subdivision recorded in Map Book 3 at Page 10 of the Registry of New Hanover County. TRACT 2: Beginning at the Northwest corner of Lot 1 an sbown on a map titled "Layout of Myramer Camp Sites" which in recorded in Map Book 3 at Page 10 of the Now Hanover county Registry; running thence Nortb along the eastern line of Allen Avenue 10 feet; thence East and parallel with the northern line of Lot 1, Nyrsaar Camp Sitee, 300 feet, more or levy to the high water mark of Myrtle Grave Bound; thence South along the high water line of Myrtle Grove Sound, 10 feet, more or leas to the northeast corner of the said Lot 1, Myramar Camp 81tes, thence west along and with the Northern line of the said Lot 1, 300 feet Mora or leas to the point of beginning. The same being all of that tract of land 10 feet in width adjacent to Lot 1, Myramar Camp Sites. Tract 2 above described is conveyed without warranty. DCM WILM NIG ON; NC REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 01104/2007 03:01:52 PM Book: RE 5125 Page: 2563-2569 Document No.: 2007000476 MODIF 7 PGS $29.00 Recorder: NELSON, JACQUELINE State of North Carolina, County of New Hanover O J RECEIVED LU Q 'a APR 0 2 2014 U Q DCMMRDCffY 8 QIL YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007000476* 2007000476 RECEIVED 0CM WILMINGTON, NC MAR 11 M14 Project Narrative March 10`h` 2014 Thank you for consideration of this project. My family and I have lived at 410 Loder Avenue for the past 15 years. We have a private pier used for pleasure. The pier has two boat slips. One side of the floating dock is used to tie up a boat while in the water. The other side of the floating dock has a lift when the boat is not in use. We would like to add another small scale boat lift on the same side as the existing boat lift. It would be between the existing boat lift and our gazebo. The purpose of this lift would be to store a small skiff or jet ski. This slip would fall into the existing footprint of our current structure and would not encroach on any set back requirement. If you have any questions or comments, please contact the NC Division of Coastal Management per the attached card. Thank you �V Brad Southerland 410 Loder Avenue Wilmington, NC 28409 910-262-8733 O 7 O 0 IP RECEIVED ` APR 0 2 2014 DCM-MHD Cry U.S. Postal ServiceTM U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT CERTIFIED MAIL. RECEIPT Domestic Mail Only; No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) ps.com For delivery information visit our webslte at www.uape.come For delivery information visit our website at www.us. 1 m r7CEdofsement ostage $ m `0ied Fee �Returneipt C3equired)0C3ery Fee Feeequired) a ru 0 m m a 0 rM1 Total Postage & Fees Ent EIV $'J-" luAR 1 12014 $7.61 w/11/2014 f 1 L oA c /k-----••---- ---------- —� m - 51.61 o4ug r m Ppeages E:i.2VED _n CenifiedFee +] INGT" NCO l.� C3 Return Receipt Fee (Fndorsement Required) 4`:. 70 Here 1 1 ^a�l. Y O Restdcted Delivery Fee L (Endorsement Required) 0 dd. $7.61 03/11/2014 ru Total Postage & Fees $ 0 m p E�To P�o,aox t�� ���{ Lori'r-AJ•.............Nca:zraai.,. ci 1! 9 RECEIVED DCM WILMINGTON, NC MAR 112014 MUM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director March 28, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Patrick B. Southerland Major Public Notice John E. Skvarla, III Secretary Kyle & Heather: Please publish the attached Notice in the Monday, March 31, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technician Division of Coastal Management 1�1011:Zt Jonathan Howell - MHC DCM Ronnie Smith - USACE RECEIVED Michele Walker- DCM APR 0 2 2014 DCM-MHDCffy 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910-3953964Internet: www.nocoastalmanagement.net rAPlECEIVED R 0 2 2014 DC o -YHD C1Ty An Equal Oppodunily 1 Affina#ve Adon Empoyer 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 March 21, 1014, Patrick B. Southerland proposed to expand an existing docking facility within Myrtle Grove Sound, at 410 Loder Avenue, in Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7423) 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 April 22, 2014 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. rAP RECEIVEDR 0 2 2014 DCM•MHDCrrY ' rRECEIVED PR 0 2 2014 DCM-MHD CITY MAJOR PERMIT FEE SCHEDULE Southerland / $250 / New Hanover Co. DCM % DWQ % Development Type 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: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (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. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 rD 1521M PR 0 2 2014 CMMFI MY MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Patrick Southerland, New Hanover County Date: April 1, 2014 Consistency Determination: This project is consistent with the 2006 Wilmington -New Hanover County joint Land Use Plan. The applicant proposes to expand the existing docking facility within Myrtle Grove Sound. The project is located at 410 Loder Avenue, adjacent to the AIW W in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ORW and PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan Cc: File