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84-13 MM 2015 Baker, Richard & Linda
w DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 July 30, 2018 Regulatory Division Action ID No. SAW-2013-00832 and State Permit No. 84-13 General Permit No. 198000291 Mr. Richard Baker Ms. Linda Baker 116 Great Oak Drive Hampstead, North Carolina 28443 Dear,Mr. and Mrs. Baker Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to renew your Department of the Army (DA) permit, issued December 1, 2015, authorizing the proposal to reconfigure and expand an existing dock and platform including a seven (7) slip docking facility (which included two boatlifts, a floating dock, and four jet ski lifts) with an additional platform and gazebo, floating docks and jet ski lifts, located at 116 Great Oak Drive, adjacent to the AIW W (Topsail Sound) in Hampstead, Pender County, North Carolina. Coordinates are: 34.34590 N,-77.69966 W. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby renewed. It is understood that all other conditions of your permit remain applicable, If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. S' rely, Iz H ator oject Manager Enclosures: CAMA Permit, Original Permit, GP291 & Special Conditions, Plans -z- e-Copies Furnished (w/o enclosures): Mr. Doug Huggett — NCDEQ/DCM Ms. Karen Higgins — NCDEQ/DWR Mr, Robb Mairs — NCDEQ/DWR Dr. Pace Wilber — NOAA/NMFS Mr. Todd Allen Bowers USBPA Ms: Kathy Matthews - USFWS BOSN3/Mr. Scott McAloon/Mr. Matt Creelman — USCG Ivlr. Fritz Rohde/Ms. Twyla Cheatwood — NOAA-NMFS-HCD Ms. Courtney Spears — NCDEQ/DCM Permit Class RENEWAL Permit Number 84-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 'Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Richard & Linda Baker, 116 Great Oak Drive Hampstead NC 28443 Authorizing development in Pender County at adi. to the AIWW, at 116 Great Oak Drive, Hampstead as requested in the permittee's application datedletterdated 7/13/18. This permit, issued on July 19, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause me permtr to oe nun anu voiu. 1) This renewal shall be attached to the original of Permit No. 84-13, which was issued on 7/18/13, as well as all subsequent modifications and amendments, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. t Z Braxton C. D01s, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ROY COOPER Govemof MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Richard & Linda Baker 116 Great Oak Drive Hampstead, NC 28443 Dear Mr. & Mrs. Baker: NORTH CAROLINA Environmental Quality July 19, 2018 The enclosed renewed 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 gold original and the white copy and return the white 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 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you plan to have 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 yellow 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: WIRO Sincerely, a Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management owrarr.sreorq� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wamingtom North Carolina 28405 910.796.7215 DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET Permitee: Rh X -t L &-- DCM Field Offices: El' th i or ead Ci ashington Wilmington USACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Tyler Crumbley (Brunswick, New Hanover) iz Hair . rteret, Onslow, Pender) rad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley (send electronically) Heidi Cox (WIRO) Curt Whitfield (WARD) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: obb Mairs_ 401 (Carteret, Onslow, Pender, New Hanover) Chad "Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: FR: LPO: Fax Distribution: Maria Dunn (WARD) Permittee #: Agent#, ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Courtney Spears Assistant Major Permits Coordinator - WiRO FROM: Shaun Simpson DCM Permit Support, WiRO THRU: Debra Wilson 9" DCM, District Manager, WiRO DATE: July 17, 2018 SUBJECT: Major Permit Renewal Request Richard do Linda Baker - State Permit No. 84-13 Major -Mot. Mr. & Mrs. Richard Baker are requesting the renewal of State Permit No. 84-13MM to allow for a private docking facility at 116 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County. State Permit No. 84-13MM was issued on November 19, 2015 and is due to expire on December 31, 2018. Mr. Baker states that due to a complicated family issue he was unable to begin construction, but is now ready to proceed with, and complete the project. No changes to the conditions of 84-13MM are planned. This Office has no objection to the renewal of State Permit No. 84-13MM. Mr. Baker has submitted a check (no. 917) in the fee amount of $100. Enclosures cc: MHC files Liz Hair, USACE Robb Mairs, DWR North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 micnara naKer <ncnaroLtreasurerealty.com> To: "Dail, Jason" <jason.dail@ncdenr.gov> Bcc: Linda Baker <linda@treasurerealty.com> Fri, Jul 13, 2018 at 11:33 AM Jason Dail Field Representative NC Division of Coastal Management 127 Cardinal Drive Wilmington NC 28405 Jason, you ask me to explain my request for an extension. The permit enclosed on Nov 19, 2015, my intention was to start seeking bids after Christmas in the new year 2016. Well in Jan 2016 my daughter in law overdosed and almost died. On Feb 1st, 2016 the courts gave us temporary custody of our 3 grandsons who were at that time 6months,4yrs and 6yrs of age. Their mother overdosed and died in March 2016 and our son was arrested on felony drug charges in Asheville NC. The parents of these three little boys never saw their children again after Feb 1, 2016. YES, my families lives were disrupted by the drug epidemic that is sweeping this country. Jason our adult children were buying their drug FENTENAL from China in the mail buying it with bick-coins. Well, the Bakers have come out of the scorched earth and are now living on the green grass & cool waters side of LIFE. Linda & I are just a few weeks from finalizing the adoption of all three boys. By the Grace of God, we are now ready to build our pier and the boys are saying 'PAPA build our dock that will let us go out on water any time we want. We can stop driving places to rent a boat we will have in our backyard." Jason, I am requesting an extension of 2years. My plan is to proceed quicker than 2 years but at 61 years of age and being a daddy again it may take me a little longer. I am sending the attached check to the above address to your attention. Let me know if you need anything additional from me. Also a few recent photos of our boys. THANK YOU FOR YOUR CONSIDERATION, Richard Baker /J it i0 c: 910.545.3031 1 p: 910.327.4444 ext. 204 If: 910.32' ,f nchard®treasurerealty.wm I www.treasurerealty.com Top Producing Firm for TWO decades in a row in North Topsail Beach & Sneads Ferry!! SOLD $88 Million in 2017 & $814 Million in 28 years of service to Topsail Island, Sneads Ferry & Surrounding Coastal Communities! On Tue, Jul 3, 2018 at 2:23 PM, Dail, Jason <jason.dail@ncdenr.gov> wrote: Mr. Baker, Piz make payable to ncdeq. IIiFM!V1 Jason Dail Field Representative NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Ph:910-796-7221 Fax:910-395-3964 Jason.dail@ncdenr.gov hff—ll—iI nnnnln —1— ilhi lnl9ui_9Ri4_AO 1"999Ink i wnr= W-FI K FAA on Rn6L—nmail fe 19mno 19 n1R�dn�.,vnlR.ennmbeecnfRf6-19AOAAPO 7 1l4 & Linda Baker Permit No. 84-h Page 2 of 4 ADDITIONAL CONDITIONS No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured 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. In accordance with commitments made by the permittee, and in order to satisfy concerns related to fisheries resources, the fixed finger piers shall be constructed at a minimum height of 4.5' above the bottom substrate to reduce impacts to submerged aquatic vegetation (SAV). Additionally, the jet ski lifts shall also be elevated above the substrate and shall not be floating. 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. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This Major Modification authorizes a maximum of 7 formalized boat slips. The reconfigured pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed 400 square feet. The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. The authorized covered platform and boathouse shall be single story, and shall not be designed to allow for second story use. 3), 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. & Linda Baker Permit No. 84-13 Page 3 of 4 ADDITIONAL CONDITIONS U.S. Army Corns of Engineers Requirements Due to the risk of tug and barge traffic in the narrow configuration of the AIWW in this location, the permittee shall notify the U.S. Coast Guard (USCG) three weeks prior to and upon completion of construction so that the USCG can issue the appropriate notices, including contact information of the operators of the vessels involved in construction for mariners. Notification can be made at cud5waterwa, s(&uscg.mil. Vessels engaged in construction shall only enter the navigational channel when necessary to access the project and adhere to Navigation Rules in all environmental conditions (i.e. day/night/restricted visibility). No portion of the newly reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www. fws.gov/nc-es/mammal/manatee_guidelines.pdf. General 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Approval of the structure was based on a determination that there would be no obstruction to navigation. Under conditions existing within the AIWW, a possibility exists that the structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 21) This Major Modification does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. & Linda Baker ADDITIONAL CONDITIONS Permit No. 84-13 Page 4 of 4 This Major Modification shall be attached to the original of Permit No. 84-13, which was issued on 7/18/13, and copies of both documents shall be readily available on site when Division personnel inspect the project site for compliance. All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein TE: The permittee is advised that in accordance with 15A 07H .0208, the Rules of the Coastal Resources Commission prohibit new dredging or excavation of submerged aquatic vegetation (SAV). The presence of SAV has been identified in and around the project area. Dredging in any manner, including "kicking' with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers assigned this proposed project Action ID No. SAW-2013- 00832. The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2013 0463 V2. 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. An application processing fee of $250 was received by DCM for this project. i I I I i I AD 'ox � j O � o W X O -I �ONm Z OI G)DZN N> r- O Mx m O P �I a -pt -p� rri m 47 K A 00 D I N rn CO v <00 OI 5.9• I x 2 I �n0 1� l3.8� Om BAN •`-~oo V �ZO v 0 y�o 30' o isPROP 8 13 FLOg-D 0 Cb fli I� w J \ D r= / O z /z 0 -0 0 M 9 ADO 0-) o0-- z 00 \ -P 0 M C < �D� m--i 0 PIER mm HEAD LINE mw w n> / CL 51 or'1 I [iON vo 14,E � i 41)p I lE@10 [[ - Tilm0. vldm EtJI - E95M¢ G91tlFlf utlMfNi (EWxoA'NxIR0. CtlMR) m - msnxe won PPF �Faxo� 9w - mrnxc wav w0 awm mx - msw9a uAarenc xAx (Pamo EfIIAR(A wRNw) Fi% - EUERYL PIM4-IWG9 NM w VwAW O'NIMl (>YA£RI FPAS - m5hV6 RIIROAD SANE �P¢¢N¢ uw.. uMYuu b11xW11Nf xuP - xw vaxJUEvim Pawl R/W - .tlwtT Cf WAT � - sf roxT,Ere uaxuuENT (L'nvnla caRxE,) 9P . ST M. RYE 9R - 4T wCX R. W - ST YAGVEM XA4 (NA.IRCI SRW CWNm) N - SEf PATii-IGLM Al (fp11pM Cg4Yq) I - .xf ®. WATER BEAN, ME" �(- fWHMM1Vi - wA1EA vALME ®- SW W YAblq£ ®- OFIN i ® - lELEM3. UMI 19M PC11 E5i ®- REfSTAL ❑ - WwT PIX POS.Pq —�y— - P.OMFA LAVE R/A IVW \ \ \ y \ F/ Em ,-2W 4m a fAMT - W f .N - WY - SN N PYBEBS a PHII FE UNDA u. eA[EA 1 0 pP xoA S. fAxm � ym P. ]9N, P.aE_z< J DB. IJ3 1 T�v In JNI-19-A53G-O%O 1 BFEEBE 1 08 J9lA,9R. P. I13 81] P. 59 RENRIYIAK SIIX lVv wEVATON: Ila ,OOI NAW W l4,nEI1 ¢ANu IALIIXFD wM OEWEP (AS uswe l ¢ `LN mxnxuws EPE,ATW¢ RErERENf£ sn.nas NM EIEVAnMs AgYSRo TO IQT£CT A BEAN L¢W IA. 6EVATW w my NOW OR FORMERLY ROBINSON 0.0. 1804. P. 89 LOT 123 118 GREAT OAK DRIVE HPAIPSTEAO, NO 28443 NOW OR FORMERLY ROBINSON D.B. LOTT12. 302 II6 GREAT OAK DRIVE 1 HAMPSTEAD, NO 28443 FLO00 ZONE 'VE' A2 (ELEVADQY-I6.Ot2) �� Dy, lctevgp�4vz.o��\\ X,, 7'45•E I73.50• FLOOD ZONE '%' LOT 130 A�Gp•E / +�q,. / 45546 Sq.FL 1.046 ACRES j5 N ABOVE AMHwL L \II I I II I 13645 W,50' � M.99' 4]'41'00'W 305.00' i/ I I 1 I I I 1 I / li WI NOW OR FORMERLY UNEWIG2 91 O.B. 643. P. 74 �1 LOT 3 / 'A POTON OF TRACT C' M.B. 13, P. 59 / fl4 GREAT OAK DRIVE HAMPSTEAD, NO 28443 L \ hj \ I 1 \ ; I \ � X� TOTAL A:EA "B"'. Sq.FI 3.100 ACRES AREA AEOVT AMH`M.: 45546 Sq.FL 1.046 ACRES AREA BELOW AMHW, 8948E Sq.Fl, 2054 ACRES I 0, l / \ \ TOPSNL SOUND -- N4S41YJ0'W 45700' — --� {PI r vRO1X OF WATER BODY fim' I 1 _ P CURVE TABLE amuE I IEN4T1 RAorYs own au,wc / CI M.¢9' 684.69' B¢b' XY534'O]'E REDS 0/24/15l ADDED PROPOSED COVERED BOAT LIFT ADDED PROPOSED GAZEBO ADDED PROPOSED WOOD WALK k FINGER PIERS REARRANGED JETWI UFO REDO= PROPOSED .IETSM UFIS FROM 4 TO 3 10/28/15. REVISED PROPOSED COVERED BOAT LIFT FROM 13.8' TO 13.3' TO EQUAL 400 Sq.FL CAMA PLAN FOR BAKER DOCKAGE 1.046 ACRE TRACT ON GREAT OAKS DRIVE (LOT 30) TOPSAIL TOWTiSHIP, PENDER COUNTY, NORTH CAROLINA V6 GREAT OAKS DRIVE GRAPHIC SCALE callw) I loch - m rc ACTUAL HOLD SURVEY DAIS: ALLY 11, 2012 MAPPING DAIS: OCTOBER 28. 2015 DRAWN BY: -, HELMS CHECKED BY: C.P. f 1l 4—S FIELD BOOK: 738 PAGE'. 47 00 N � Q C W Q I A 0 (i A O A S fp O_ Q W iy N N Q C a m CO n T N O 1 � z _ cl fp Orsp 0 3 Z z ci3 Z o o WO o a a (0 v = Fo fD o � 3 00 �* W CL �' M m (A N Permit Class MODIFICATION/MAJOR (AMENDED) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Richard & Linda Baker,116 Great Oak Dr., Hampstead, NC 28443 Permit Number 84-13 Authorizing development in Pender County at adi. to the AIW W, 116 Great Oak Drive, Hampstead , as requested in the permittee's application dated 6/29/15 (MP-1) and 7/27/15 (MP-4) incl. attached workplan drawing (1) dated revised 10/28/15. This permit, issued on November 19, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ie subject to tines, imprisonment or civil action; or may cause the permit to be null ano void. NOTE: This amended Major Modification supersedes the permit issued on November 16, 2015 which erroneously identified the project as a new permit instead of a Major Modification. Docking Facility 1) This Major Modification authorizes only the reconfigured docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. Nc other structure, whether floating or stationary, shall become a permanent part of this reconfigured 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. • i. r ov< Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Richard & Linda Baker ADDITIONAL CONDITIONS Permit No. 84-13 Page 2 of 4 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured 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. 4) In accordance with commitments made by the permittee, and in order to satisfy concerns related to fisheries resources, the fixed finger piers shall be constructed at a minimum height of 4.5' above the bottom substrate to reduce impacts to submerged aquatic vegetation (SAV). Additionally, the jet ski lifts shall also be elevated above the substrate and shall not be floating. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This Major Modification authorizes a maximum of 7 formalized boat slips. 8) The reconfigured pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 9) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 10) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed 400 square feet. 11) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 12) The authorized covered platform and boathouse shall be single story, and shall not be designed to allow for second story use. 13) 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. Richard & Linda Baker ADDITIONAL CONDITIONS U.S. Army Corps of Engineers Requirements Permit No. 84-13 Page 3 of 4 14) Due to the risk of tug and barge traffic in the narrow configuration of the AIWW in this location, the permittee shall notify the U.S. Coast Guard (USCG) three weeks prior to and upon completion of construction so that the USCG can issue the appropriate notices, including contact information of the operators of the vessels involved in construction for mariners. Notification can be made at cgd5waterwaysnuscg nail. 15) Vessels engaged in construction shall only enter the navigational channel when necessary to access the project and adhere to Navigation Rules in all environmental conditions (i.e. day/night/restricted visibility). 16) No portion of the newly reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. General 18) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 19) Approval of the structure was based on a determination that there would be no obstruction to navigation. Under conditions existing within the AIWW, a possibility exists that the structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. 20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 21) This Major Modification does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 22) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. Richard & Linda Baker ADDITIONAL CONDITIONS Permit No. 84-13 Page 4 of 4 23) This Major Modification shall be attached to the original of Permit No. 84-13, which was issued on 7/18/13, and copies of both documents shall be readily available on site when Division personnel inspect the project site for compliance. 24) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein NOTE: The permittee is advised that in accordance with 15A 07H .0208, the Rules of the Coastal Resources Commission prohibit new dredging or excavation of submerged aquatic vegetation (SAV). The presence of SAV has been identified in and around the project area. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure NOTE: This Major Modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned this proposed project Action ID No. SAW-2013- 00832. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2013 0463 V2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: It CJf-55 Permit #: 22 KA0 MAILING DISTRIBUTION SHEET Permitee: r-IG(fNZn !! 1094 Agents: Cl-kn-t;5 YZA665-R'bSO4Z, DCM Field Offices Elizabeth City (with revised work plan drawings) orehead Git Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumble}i z'Hare ✓ / Cultural Resources: D�eCac hill-E ✓ --- Public Water Supply: DI,re�� �D6 (qc Joey White (WARD) DCM/ Shane St les Fisheries Specialist <1 r B n NC DOT: n ✓ 0 , DMF/ Patti Fowler Shellfish Sanitation: o ihs State Property: im Va ton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: oann� S1e_enhuis - DEMLR Washington: Scott Vinson- t rmwater Wilmington: eorgette Scolt- Storm i✓ Wildlife Resources: aria Dunn LPO: Fax Distribution: Permitee #: Agent #:_ Coastal Management ENVIRONMENTAL QUALITY Richard and Linda Baker 116 Great Oak Drive Hampstead, NC 28443 Dear Mr. & Mrs. Baker: PAT MCCRORY or,..-I,rr,r DONALD R. VAN DER VAART .A111 11'BI(V BRAXTON DAVIS The enclosed amended 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 1 13-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. YOU should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work mist be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you plan to have 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 yellow Notice Card sent to you earlier, just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, of 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 cc: WiRO Sincerely, Douglas V. Huggett Major Permits and Consistency Manager N.C. Division of Coastal Management Nothing Compares" State of Nm'th Carolina I Environmental Quality I Gonad Management 400 Camnreme Are., Morehead City, NC 28557 252-808-2808 Division of Coastal Mana Application Processine Notes t Applicant: IC ww,-,J 4: C—6A--) ' j2, Type (check all that apply) NEW MAJOR MOD v1 MINOR MOD D RENEWAL TRANSFER_ Permit Coordinator: �+ C�(),OnT Field Representative: Date/Time Message \IT- ISSoR-t�c I�Vl i k3D2 "0 N)E-Y�j f"fV11T- Permit Class Permit Number NEW` STATE OF NORTH CAROLINA 13 I Department of Environmental Quality and Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Richard & Linda Baker,116 Great Oak Dr., Hampstead, NC 28443 Authorizing development in Pender County at adi. to the AIWW, 116 Great Oak Drive, Hampstead , as requested in the permittee's application dated 6/29/15 (MP-1) and 7/27/15 (MP-4), incl. attached workplan drawing (1), dated revised 10/28/15. This permit, issued on November 16, 2015 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may tic suuJcct w tines, imprisonment or civil action; or may cause me permit to oe nun anu vote. Docking Facility 1) This permit authorizes only the reconfigured 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 structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured docking facility shall be considered a violation of this permit for which the pennittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. /I Braxton C. avis, Director ivision of Coastal Management this permit and its conditions are hereby accepted. RECEIVED DCM WILMINGTON, NC NOV 19 205 Signature of Permittee Richard & Linda Baker Permit No. 126-15 Page 2 of 4 ADDITIONAL CONDITIONS 3) In accordance with commitments made by the permittee, and in order to satisfy concerns related to fisheries resources, the fixed finger piers .shall be constructed at a minimum height of 4.5' above the bottom substrate to reduce impacts to submerged aquatic vegetation (SAV). Additionally, the jet ski lifts shall also be elevated above the substrate and shall not be floating. 4) 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. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes a maximum of 7 formalized boat slips. 7) The reconfigured pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 8) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine the width of the water body shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. 9) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouse shall not exceed 400 square feet. 10) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 11) The authorized covered platform and boathouse shall be single story, and shall not be designed to allow for second story use. 12) 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. U.S. Army Corps of Engineers Requirements 13) Due to the risk of tug and barge traffic in the narrow configuration of the AIWW in this location, the permittee shall notify the U.S. Coast Guard (USCG) three weeks prior to and upon completion of construction so that the USCG can issue the appropriate notices, including contact information of the operators of the vessels involved in construction for mariners. Notification can be made at cad5waterways@usea.mil. 14) Vessels engaged in construction shall only enter the navigational channel when necessary to ac`6 s4 pN project and adhere to Navigation Rules in all environmental conditions (i.e. day/night/red"t14Vee visibility). o .19 als Richard & Linda Baker Permit No. 126-15 Page 3 of 4 ADDITIONAL CONDITIONS 15) No portion of the newly reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. 16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee_guidelities.pdf. General 17) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 18) Approval of the structure was based on a determination that there would be no obstruction to navigation. Under conditions existing within the AIWW, a possibility exists that the structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash normally to be expected in the AIWW. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 20) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 21) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. NOTE: The permittee is advised that in accordance with 15A 07H .0208, the Rules of the Coastal Resources Commission prohibit new dredging or excavation of submerged aquatic vegetation (SAV). The presence of SAV has been identified in and around the project area. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. RECEIVED DCM WILMINGTON, NC NOV 19 2015 Richard & Linda Baker Permit No. 126-15 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers assigned this proposed project Action ID No. SAW-2013- 00832. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2013 0463 V2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permirtee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED DCM WILMINGTON, NC NOV 19 2015 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Richard and Linda Baker 2. LOCATION OF PROJECT SITE: 116 Great Oak Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. Photo Index - 2006: 22-7434, O, P-10 2000: 22-284, O, P-10 1995: 22-267, O, P-17 State Plane Coordinates - X: 66889 Y: 729239 Lat:34°20'45.261"N Long:77°41'58.800"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - N-0402610A 9 5. 6. 7 INVESTIGATIVE PROCEDURE: Dates of Site Visit—7/14/15 Was Applicant Present — No PROCESSING PROCEDURE: Application Received — 7/13/15 Complete- 7/27/15 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification From LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing —Single-family residence, pier and platform Planned — Seven (7) slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Mixed coastal & 404-type) (B) Non -Vegetated Wetlands 1548 sq. ft. (Open water) (incorporated) (C) Other (D) Total Area Disturbed: 1548 sq. ft. (0.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to modify the previously authorized expansion of the existing docking facility to create a Seven (7) slip docking facility at the terminal end of the existing pier and platform. Richard and Linda Baker- CAMA Major Development Permit Modification Page 2 9. PROJECT DESCRIPTION: Charles Riggs, on behalf of Richard and Linda Baker, has requested a Major Development Permit Modification to CAMA permit No. 84-13. The project site is located at 116 Great Oak Drive, adjacent to the AIWW, in Hampstead, Pender County. To locate the property from the WIRO office, drive north on NC Highway 17, turn right at Headwaters Drive. Follow Headwaters Drive approximately 0.8 miles to Overlook Drive. Turn left on Overlook Drive and follow it to Northline Drive near the end of the road. Turn right on Northline Drive and follow it to the end. Turn right on Great Oak Drive and the property will be located on the left at house number 116. The property consists of a 1.0 acre parcel that is situated on land that is approximately 20 feet above mean high water (MHW) and is vegetated primarily with lawn grasses. A single-family residence occupies the highground portion of the property. The shoreline is stabilized by lawn grasses mixed with coastal and 404-type wetlands, and measures approximately 193 linear feet in width. Groundsel bush (Baccharis halimifolia) and Bulrush (Scirpus spp.) are among the species that vegetate the area immediately waterward of the Coastal Wetland. Waterward of this transition zone, Smooth Cordgrass (Spartina alternii fora), intermixed with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the tidal flat a distance of approximately 170' before reaching the open water area of the AIWW. The width of the waterbody measures approximately 600' from marsh to marsh. The existing pier and platform extend approximately 135' into the waterbody from the edge of marsh and the platform is located approximately 82' landward of the federal channel setback. Submerged aquatic vegetation (SAV) is present between the marsh and the platform, although SAV was not observed within the expansion area during DCM's latest site visit (7/14/15). The existing pier and platform was permitted in 2008, under GP#52065, and consists of a 6' x 145' elevated pier and 14' x 16' "L-head" shaped platform. State Permit number 84-13 was issued on July 18, 2013 for seven (7) slip docking facility including two 12 ft. long by 13 ft. wide boatlifts on either side of a proposed floating dock, measuring 30 ft. long by 12 ft. wide. According to the permit drawings, the floating dock would extend waterward of the existing platform parallel to the shoreline. This permit also authorized four (4) jet -ski lifts on the back side of the floating dock. No work has been done under State Permit No. 84-13. Currently, water depths in the vicinity of the existing platform range between -1' and -2', relative to Mean Low Water (MLW). The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to modify the previously authorized expansion of the existing docking facility to create a seven (7) slip docking facility at the terminal end of the existing pier and platform. According to the work plan drawings, the applicant proposes to expand the existing fixed platform at the terminal end of the access pier to a "T-head" shaped 24 ft. wide by 16 ft. long covered gazebo and install a 12' x 30' floating dock immediately waterward for docking. As designed, a 6' wide aluminum ramp would extend beyond the existing platform, in alignment of the existing pier. The ramp would extend to a floating dock with one covered boatlift measuring 13 ft. wide by 12 ft. long on the southwest side and a boathouse, measuring 13ft. wide by 30 ft. long, on the northeastern side. According to the application, a finger pier (measuring 4 ft. wide by 21 ft. long) would extend to the northeast from the covered gazebo to access three proposed jet -ski lifts, measuring (4 ft. by 6 ft.) that would be installed along the landward side of the floating dock. Two floating finger docks, each measuring 2' x 6' would be located along the landward side of the proposed floating dock between the jet -ski lifts. An additional finger pier, measuring 3 ft. wide by 32 ft. long, is proposed to extend waterward to the existing pier -head alignment with an additional boatlift, measuring 13.8 ft. wide by 12 ft. long, along the northeast side. This finger pier would also provide access to the covered boatlift. As stated in the application package, a total of seven (7) boat slips are being proposed (one wet slip, three boatlifts and three jet -ski lifts). According to the site plan drawing, the proposed docking facility would be located just landward of the existing pier -head alignment, approximately 25'-30' landward of the Federal channel setback. Water depths in the vicinity of the proposed docking facility range from approximately -1' to -2.5', relative to the Mean Low Water level. It should be noted that Submerged Aquatic Vegetation has been verified in this area. It should also be noted the applicant's proposal would extend as far waterward as allowed based on the existing pier -head alignment. Based on the work plan drawings, the applicant's proposal is located within his riparian corridor, outside of the 15' setback and within '/4 of the width of the waterbody. The applicant did not require a waiver from neither neighbor for the proposed development. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of approximately 1548 square feet of Estuarine Waters and Pubic Trust Area. Although SAV was observed within the project area, site conditions did not permit a conclusive determination as to whether there would be any impacts to SAV (due to limited visibility resulting from turbulent and stained water). The proposed development would be located outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the federal channel setback, within'/4 of the width of the waterbody. . Submitted by: Tara MacPherson Date: 7/27/15 Office: Wilmington Recommendations for State Permit — Richard and Linda Baker The total area of the existing and proposed structures was calculated as follows: Shoreline length = +/-193 ft. x 8 sq. ft =1,544 sq. ft. allowable. Existing: Platform =14' x16' = 224 sq. ft Proposed - Additional Platform =10.2' x 16.4'=167.28 Proposed boatlifts = Two at 13.8' x 12' each = 331.2 sq. ft. (not counted in square footage) Proposed covered boatlift =13.8 ft. x 30 ft. — 414 sq. ft. Proposed finger docks = Two, 2' x 6' each = 24 sq. ft. Proposed finger pier = 3' x 32' = 96 sq. ft. Proposed finger pier = 21' x 4' = 84 sq. ft. Three jet -ski lifts = 4' x 6' each = 72 sq. ft. Proposed floating dock =12' x 30' = 360 sq. ft. Total = 803 sq. ft. The proposed developmeti �e for a total of seven (7) vessels. The proposed docking facility currently extends! J ✓aterbody, which measures approximately 600' across, which is CONSISTENT �� x 3�0XG). The proposed docking facility will not extend any further waterward than tli x 4 gt} ision. The application also appears to be CONSISTENT with the remaining use % : 07H .0208(b)(6), including those which dictate the maximum allowable plat i Z s� PPS x L Z ile), the 15' riparian setback and federal channel setback. If it is determined that �3 0 x (3, g 7 \,S �q 4 t beds of SAV it would be CONSISTENT with NCAC 07H .0208(b)(1). Provided the resource agencies do not have any concerns regarding SAV and significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. rimary Applicant/ Landowner information ess Name Project Name (if applicable) [Applicant Baker Dockage(Modification) 1: First Name MI Last Name rd M. Baker,lll pplicant 2: First Name MI Last Name Linda S. Baker If additional applicants, please attach an additional pages) with names listed. Mailing Address City State 116 Great Oak Drive Hampstead NC ZIP Country PFAX No. 28443 USA 7No. 9ext. N/A - Street Address (if different from above) State ZIP N/A N/A N/A - Email richard@treasurerealty.com 2. Agent/ContractorInformation Business Name Charles F. Riggs & Associates, Inc. Agent/ Contractor 1: First Name MI Last Name Charles F. Riggs Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State N/A 1570 Jacksonville NC ZIP Phone No. 1 Phone No. 2 2 5541 910 - 455 - 0877 ex�21 N/A - ext. FAX No. Contractor # N/A N/A Street Address (if different from above) City Stale 21P 502 New Bridge Street Jacksonville NC 28540- Email charies.riggs@bizec.rr.com <Form continues on back> RECEIVED DCM WILMINGTON, NC HI a Omit; 252.808.2808 :: 9.888.411COASY :: www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit S. YCOJact LOCBtiOn County (can be multiple) Street Address State Rd. # Fender 116 Great Oaks Drive N/A Subdivision Name City State Zip Deerfield Hampstead NC 28443 - Phone No. Lot No. (a) (if many, attach additional page with list) 910 - 455 - 0877 ext. 30, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW-Atlantic Ocean 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 AIWW- Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Pender County e Description length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 7' 45,546 Sq. Ft. Above AMHWL f individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) Pell, y lot sizes, please attach additional page with a list) 14.5' ®NHW or ❑NWL ation on tracth Grassade features and uses now on tract Story Wood Dwelling on Crawlspace and Concrete Slab, Existing 5.6' x 193.62' Wood Walk/Pier with 13.8' x 16.4' Dock g. Identify and describe the existing land uses ad'acent to the proposed project site. Great Oak Drive to the North. Single Family Home to the East and West. Sound and AIWW to the South. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20C (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC 201 252-808.2808 :: 1.888.4 RC 0 A S T :: www. nccoastal ma nagement. net Forrh DCM MP-1 (Page 3 of4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (h) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing Septic System Serves Existing Dwelling o. Describe existing drinking water supply source. Fender County Water Serves Existing Dwelling p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community rbGive a brief description of purpose, use, and daily operations of the project when complete. oat Dockage will allow resident to enjoy boating activities and insure safety of the boats and jet skis from the wake of the lantic Intracoastal Waterway by utilization of the Lifts escribe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type equipment and where it is to be stored. Barge used for setting of Boat Lifts piles and for placement of Floating Dock. Standard Construction Methods for construction of Gazebo and dockage. Barge to be Docked at Existing Dock. d. List all development activities you propose. Modification of existing Major CAMA Permit 84-13. Development includes conversion of existing dock to gazebo, aluminum ramp to floating dock with boat slip parallel to dock, uncovered boat lift, covered boat lift, fixed walkway from gazebo to three jet ski lifts with finger piers and uncovered boat lift with finger pier. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes []No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Any discharges would be stormwater and sheet flow throughout the property. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. �iCM RECEIVED <Form continues on back> NC ii l� )Il1r, 252-808-2808 :: 1-888.4RCOAST :: www.nccOastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. AdditionalInformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed I. state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Zofia M. Lisiewicz Phone No. Address 114 Great Oak Drive, Hampstead, N.C. 28443 Name Donald S. Robinson Phone No. Address 118 Great Oak Drive, Hampstead, N.C. 28443 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Major CAMA Permit 84-13 issued to Richard and Linda Baker Issued July 18, 2013 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. I. 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 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 June 29, 2015 Print Name Charles F.Riggs, Authorized Agent Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RDCM MP-4 Structures Information RECEIVED DCM WILMINGTON. N<'. 252-808.2808 :: 1-888-4RGOAST :: www. nccoa sta l management. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community Dyes NNo c. (1) Dock(s) and/or piers) d. (1) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (iii) Length 30' (ii) Number 4 (iv) Width 12' (iii) Length 6,632' 21' (v) Floating ®Yes ❑No (iv) Width 2'.2',T.4' (v) Floating ❑Yes NNo e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number 4 (ii) Number 3 (iii) Length 24'(Fixed) 6' 6' 6'(Floating) (iii) Length 12'.30' 12' (iv) Width 16.4'(Fixed) 4' 4' 4'(Floatina) (iv) Width 13'8". 13'8", 13- 8" (v) Floating ®Yes NNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. Seven ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies N Dockage ("wet slips') only, number of slips: 1 ❑ Dry storage; number of boats: _ ElBoat ramp(s); number of boat ramps: N Other, please describe- 3 Boat Lifts and 3 Jet Ski Lifts i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel Mixed Types NOpen water; no dredging required ❑Other; please describe: k Typical boat length: 6' - 32' I. (i) Will the facility be open to the general public? ❑Yes NNo M. (i) Will the facility have tie pilings? ❑Yes NNo (�1 (ii) If yes number of tie pilings? I u _MINta�ON, NC; Jul_ ). `! 201`'i 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form bCM 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 pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? 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. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? �)(,M Nf i LjM hN1,G7 0N, NG ❑Yes []No JUL. 1 201`) 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.not revised: 12/27/06 Forin ®CIS MP-4 (Structures, Page 3 of 4) n. Is the marina/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 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 ❑$AV ❑SB ❑WL [--]None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (III) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community 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.) f1;3'-NED r)(-,M ULMINGTON, NG 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanggpment.net revised: 12/27/06 Forth 'DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Adjacent to 15' riparian to the east and 75' from 15' riparian to the west Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 880, e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (I) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 179' to the west and 690' to the east d. Water depth at walerward end of structure at NLW or NWL 3' 8. OTHER ❑This section not applicable a. Give complete description: The Bakers propose to convert an existing dock to gazebo with aluminum ramp to floating dock with boat slip parallel to dock, uncovered boat lift, covered boat lift, fixed walkway from gazebo to three jet ski lifts with finger piers and uncovered boat lift with finger pier. 07/27/15 Date Baker Dockage (Modification) Project Name Richard and Linda Baker - Authorized Agent Charles F. Riggs Applicant X.M/ �NIILNiING ON, NC Jul- `' 1 2015 252-808-2808 :: 1.888-4RCOAST :: www.necoastaimanggement.net revised: 12/27/06 o M I ��jOj �s I 3N17 ab3H �31d s� a a. o � I LLJ £` 0 W Q n �w� o�p{O 93SOd'ovo-u ,69 4 �y ��Sa'e� "�ti j �pppy µ� ,Ot �• I �7 Oo 'Vo N / £lm agg. a0y7 I t'? \ w v ` V w es �°"warc�y0R� ,daIIo CL OOOOrO o aLdn a�I0= Mr*o I� ,p',dNO / M -,RN R p N NZ� to / a8Ei o� / 0 I� I / o aUFv Z / _J Q a / r� / --- .. — — — fNI\a3[ yyY ddy QIJ; s� RECEIVED DCM WLMINGT d, NC 1. ME Is TO RAnF TNAT THE MELT PRCPwg IS LCCARD AT x ft. Z. I MNCx A SPEC. FLOOD xALIE) . AS CflFAMxEp BY PNE f6w.LL EYERfFNCY ..N CEMENT ACENCY. AV. THE xAl. iL0.T = p0]Dw COM xYttW.. L.EEN UCRELL CCOp - axma mRllw LORTNJ xql (= Pp, )(iLV10'.(MllRa CgTWI FIR - EOSRCO (fWND) EMx - wsnxc uAwenc xuL (fouxo WXTN0. mxlw) wt . FYSIW. vPraw-xuM xu (fpM axlfi% Mtlrtn) yO _ MEINIYVY RUIRA0140 UNRUN NON SeYIE (fqW R/W - PONTOFUw PONT SON - $EI CONwNWIW ETE MOYENT (0. CLYxwf MP - BET IRON PIPE SIR- SET PO` ROO 91N - GET YACNETC .. (CON. com.) Q _ METarylPAPE CORNER) NML (CONTROL NER) M -.. Wm _ FEE xPDANNT - WATER V&W ®. $MITARY MANNDIF WT ® - TEPEDESTAL ® - TEI£LENWAMPFOESTK IUGHT CLM - PDYF11 P. P. IxE R/M i R/W SNX \ 4 tONw R- \\ PA £y iPglT. Y , SEE 25 sN O x DE ]C \ q y 9� GlNF85 ESN xauro u. euER qa AWa PA uxoA S. ePxw � \ ym OS. %1RSPoi OB. S. P. I. \ IGR_M 1 SRSI-25-45N-WN BEFE�FIGS 1 D.B. %3R. P. I]t MD. I]. P. fY "GERjV I nwcxuARx: Mlx DAWN: x/,w ISYWnGI EARN CB.. WM TOPCON .... X.C. NECEETC WXTMIWS OFEMTID RwAEXa STATIONS YM pEY .' WAISTED TO NFSIECT A MEW LOW WATCI g LIN A -4 ----------d /fie' 1 NOW OR FORMERLY 7 R08 D.B. 1804. 4, P. P. 88 / LOT 103 118 GREAT OAK DRIVE / HAlAPSTEAD, NC 28443 � A? NOW OR FORMERLY /e ROBINSON D.B. 1037. P. 302 LOT 129 iI 110 GREAT OAK DRIVE 1 !I HAMPSTEAD, NC 28443 FLOOD 20VE RI/Ez lz (ELEVATION-18.0+2) Il \ Nd. n�'pii.alF- I l� 2aDD �I �t34nQN.72.o Z-\\ 9W i3.50 IOP / �------------ \ OF \551'O'45' I sw ROOD ZONE "%" \ p35� \LOT 130 581 / F.g A1,046 BOVE AMHWL 1 1 / \F / ggPM RxI»LwI \ I PXRP.IR \\ o -_ `---------` ` ,{_ m:,MOI----- T—�—� 138.13' 95.Y' )P.W ti_._______ _ b NOW OR FORMERLY USIEWTCZ 1 D.B. 843. P. 24 / RI Oi 3 'A TOTAL AREA: 135034 Sp.Ft. \ PORTION OF TRACT C' N.B. ll, P. 59 3.100 AGRES 1 114 GREAT OAK DRIVE / AREA ABOVE AMMML HAMPSIEAD, NC 28443 1.00 MES 1.0{8 ACRES I I MCA BELOW AMHVA: 89408 Sq.F1. RM. / 2.054 ACRES CURVE TABLE p.R4E I I LEXOTI IRWu. OIgN aww a 1 BLNF I ..S.' BJ.M' NEIUWE MVISIONS O2/24/15: ADDED PROPOSED COVERED BOAT UFT ADDED PROPOSED GAZEBO ADDED PROPOSED WOOD WALK k FINGER PIERS REARRANGED JETSKI UFTS REDUCED PROPOSED JETSKI UFTS FROM 4 TO J 10/28/15: RENSED PROPOSED COVERED BOAT LIFT FROM 13.8' TO 13.3' TO EQUAL 400 Sp.Ft. TovsuL s0urvo CAMA PLAN FOR BAKER DOCKAGE 1.046 ACRE TRACT ON GREAT OAKS DRIVE (LOT 30) TOPSAIL TOWNSHIP, FENDER COUNTY, NORTH CAROLINA 116 GREAT OAKS DRIVE 457.00' tm WON OF WATER BODY . 600' \ / / / / / 1-1 R E C c 1 V L_ D GRAPHIC SCALE DCM WILMINGTON, NC» (w TEST) OCT 2 8 2015 ACTUAL FIELD SURVEY DAIS: JULY 11. 2012 MAPPING GATE: OCTOBER 28. 2015 DRAWN BY: J. NE M5 CHECKED 8Y: C.F. A1I 5 FEW SOON: 736 PACE: 47 RECEIVED DCM WILMINGTON, NC If 1 .1111 R. T Map Page 1 of 1 Scale: 1:1000 OCAA 'JI, K 0 2716 faC, a c: h r iNC ?,I to W tit Pr,•//�:o ��an iiarrn nnfirtx anv/iit,woiR/S7iC/Pi•intTelllnlate$/Prilltetit.a$j1X 4/16/2013 Map page I of I Scale: 1:200 _ PIN: 3291-29-4526-0000 PLAT:00130059 NAME: BAKER RICHARD M-III et al ACCOUNT: 937595,000000 ADDR: PO BOX 818 TOWNSHIP: 102 CITY: SNEADS FERRY TNSH DESC: TOPSAIL STATE: NC ACRES: 0.93 ZIP: 28460 LAND VALUE: $427,200.00 PROPERTY ADDRESS: 116 GREAT OAK DR BUILDING VALUE: $333,966.00 PROPERTY DESCRIPTON: L 130 PS 13/S9 PT TR TOTAL VALUE: $761,L66.00 B DEERFIELD GREAT OAK DR & SOUND DEFERRED VALUE: $0.00 DATE:5/27/2011 SUBDIVISION: DEERFIELD SALE PRICE: $677,000,00 ZONE: SEEMAP TAX CODES: G01 F29 R40 S63 -,, im VNILlMINIGTON, NC JUL t. 0 2015 CP ti',if`'I�° sF. J't p'. i�:'�l � i.,t��: {�i✓ a'- htt.v//`vic na,1.rnnnntvn(, onv/newnlR/SltO/Prinf l'cmvlateS/Pr111t0Ut.aspx 4/3/2011 CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 502 New Bridge Street Jacksonville, North Carolina 28540 (910)455-0877 charles.riggs@bizee.rT.com Land Surveyors Corporate License (C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville, North Carolina 28541 (910)455-0877 riggsland@bizec.rr.com May 24, 2015 �%%woo Mr. Jason Dail •� , / �� Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Re: Modification Request of Major CAMA Permit # 84-13 Richard and Linda Baker 116 Great Oak Drive Hampstead, North Carolina 28443 Topsail Township, Pender County, North Carolina Dear Mr. Dail: James A. Lewis, P.L.S. L-4562 Landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 j.lewis@bizec.rr.com The Bakers request a modification to the above referenced permit. The original permit allowed for seven slips including an (1)uncovered boat lift, (2) a floating dock with boat slip parallel to the Waterway, (3) a uncovered boat lift and (4-7)f6ur jet ski lifts. The modification request includes retaining (1) the uncovered boat lift, retaining (2) a floating dock with boat slip parallel to the Waterway, modifying (3) uncovered boat lift to a covered boat lift, (4-6) retaining three of the four jet ski lifts, but shifting them to the north or landward and adjoining a proposed fixed walkway and (7) modifying the remaining jet ski lift to a proposed uncovered boat lift shifted to the north and at the terminus of the proposed walkway. The request also includes increasing the permitted gazebo by 10.2' x 16.4'. I have enclosed both a copy of the permitted plan and the modified plan. All proposed activity does lie outside of any 15' riparian corridors. I have enclosed the executed Adjacent Riparian Property Owner Notification/Waiver Forms illustrating the adjoiners have not objections to this modification. I appreciate your consideration of this request. Charles Enclosures: Copy 84-13 Copy of Existing Permitted Dockage Plan Copy of Proposed Dockage Plan No Objection Letters of Adjoiners Agent Authorization Check for $ 250.00 RECEIVED DCM WILMINGTON, NC y MAJOR PERMIT FEE SCHEDULE Baker, Richard / $250 / Pender County DCM % DWQ % Development Ta Fee 14300160143610009316266253 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, or D below ap lies: 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. 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O INO OOOO O o O OOO OOOOOOOOOOOOOOO OO OOOOOOOOOO OOOOOOOOOO OOOOOOOOOOOOOOO O OOOOOO 333W'G)Q06)3G)G)3G)3 Z G)@3 G) G) G) Q y G) G) G) 3 O G) G) G) 3 G) O G) G) B G) 0 G) G) G) G) G) G) O O<< O _ m An °1 n mN P "ONi '°Am mw a_*�O ^+O m A p_mmm wmqqAm'+m NN m myWO W W W N WJO gN O Om OWJ UV O O. 0 0 0 m 0000F000%000 0p-° T 0_ m.mWW DZ00 � 0a 00 -C3 Z'^@ gA°O O O OG U 3° UOmppA00JY1111 9 To w ?m O9 U to J OOA OO p 0 j SD a O 0 $$ l v O c Z = W o Z x W O 0 O ° OO < p A O - O 2 S 2 2 W W 2 y y W 2 0 0 0 0 0 0W„ __ x) 2 2 2 y y mW y W W �°�d3d�����n�ii y 3 3 a a s�3R 0000'. of o'00000 w 0A 0A p 0N p 0p No 0P 0N 0 0 p 0.00 000 0 N W UO0N UUUU UUmmo0Wo OUmUUmmm ` 00. 0 o 0 o o000o0000O o0oJo00010000 I $ d y &4 AZI NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary July 28, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Woody Wilkinson /Brunswick • Richard & Linda Baker/fender County • Deirdre & George Baker/Pender Kyle & Heather: Please publish the attached Notice in the Thursday, July 30, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, A� Shaun K. Simpson Permitting Support & Customer Assistance Division of Coastal Management cc: WiRO; Doug Huggett - MHC DCM Michele Walker - DCM Tyler Crumbley - USACE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opportunity 1Affirmalive Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Hampstead, Pender County, adjacent to the AIWW, in Areas of Environmental Concern as designated under the CAMA: On July 27, 2015, Richard and Linda Baker proposed to modify an existing docking facility to accommodate seven (7) boat slips at 116 Great Oak Drive, and on July 29, 2015, George and Deirdre Baker proposed to replace and expand the existing docking facility at 340 Olde Point Loop Road. On July 17, 2015, Woody Wilkinson submitted a CAMA application proposing to construct a bulkhead, and fill approx. 113 sq. ft. of coastal wetlands at 412 Marlin St., adjacent to a canal off of the AIWW, in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the offices of Tara MacPherson (PN Co.) or Holley Snider (BR Co.), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 20, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AFFIDAVIT OF PUBLICITION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER -—NOTICE. OF FILING OF an as construct a irox. 113 sc is at 412 M, anal off of t ss nours. mailed to Braxton C. -ctor, Division of Coastal ant, 400 Commerce Ave mead City, NC 28557. rto August 20, 2015. will gyred in making the permit Later comments will be- ind considered up to the emut .decision. Projecti n may .occur based on, I comment bythe public and .federal agencies. of the permit decision in ers will be orovided unnn Before the undersigned, a Notary Public of Said County and State, Jarimy Springer Who, being duly sworn or affirmed, according to the law, says that he/she is Accounting Specialist of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington NOTICE OF FILING OF APPLICATION FOR CA MA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119b that the following applications were submitted for development permits in Hampst was inserted in the aforesaid newspaper in space, and on dates as follows: 7130 Ix And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. yqTitle: Acccuntin Specialist Sworn or affirmed to, and subscribed before me this �� _ day of v 5-f A.D., PLS In Testimony Whereof, I have hereunto set my hand and affixed my officy�l+ year aforesaid. TA;? 4, P1113oG My commission expires � day of011. . ' Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of MAIL TO: Clerk of Superior Court RECEIVED DCM WILMINGTON, NC North Carolina Pat McCrory Governor Charles F. Riggs & Associates, Inc. Attn: Charles Riggs 502 New Bridge Street Jacksonville, NC 28541 Dear Mr. Riggs: A4h MOW Department of Environment and Division of Coastal Management Braxton C. Davis Director July 27, 2015 Natural Resources Donald R. van der Vaart Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. & Mrs. Richard Baker, III, requesting State approval to modify the existing docking facility, at property located at 116 Great Oak Drive, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Hampstead, Ponder County. It was received as complete on July 27, 2015 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 11, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 27, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, \ EaraMacPhers n Field Specialist Enclosure cc: Doug Huggett, DCM Tyler Crumbley, COE Megan O'Hare, Pender County 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 % FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Oppodunity I ABirmallve Aclon Employer pD v3 rp m� om 09M 31 J •l N.C. DIVISION OF COASTAL MANAGEMENT June 2, 2015 Date AGENT AUTHORIZATION FORM Name of Property Owner Applying for Permit: Richard M. Baker, III and wife, Linda S. Baker Mailing Address: P. 0. Box 818 Sneads Ferry, NC 28460 I certify that I have authorized (agent) Charles F. Riggs & Assoc to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) dockage modification request of CAMA permit 84-13 at (my property located at) 116 Great Oak Drive, Hampstead, NC 28443 This certification is valid thru (date) June 2, 2016 Property Owner Signature Date RECEIVED DCM WILMINGTON, NC "I i ?!1I5 ro cKnr�y' �1-p'5 Kc� 7/1 -------- --- --- ----- - f�J-_ Lft; P, ol.l. RECEIVED ft DCM WILMINGTON, NC c-e J U N 0 toolLoo d REN 91:60 Z[oeioLfLo 90Z ZU 016 ssieS Allea8 @jnspajj:wojj CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner Richard Baker and wife, Linda Baker Address of Property: 116 Great Oak Drive, Hampstead, Pender County (Lot or Street # Street or Road City & County) Agent s Name #: Charles F. Riggs & Assoc. Agents phone #: (910) 455-0877 Mailing Address P.O. Box 1570 Jacksonville, NC 28541 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A descriotior or arawira with dimensions must be orpvided with this letter. K I" " Revision to Permit #84-13 I have no objections to this proposa'. 1 have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastaimanagement.,neucontact dcm.htm or by calling 1-888-4RCOAST. No resnorsa is considered the same as no objection if you have been notified by Certified Mail. I understand that a back a minimum distance of ' wish to waive the setback you I do wish to WAIVER SECTION q mooring pilings breakwater, boathot.se or groin must be set o'*%am�rr,1 area of riparian act- Iniess waived by me. (If you not wish to waive the 15' setback requirement. ;Property Qwqer 15rtorm'0onl. S' �[1Cf Lli'e Charles F.'Riggs, a frffor application y Print or Type Name P. O. Box 1570 Mailing Address Jacksonville, NC 28541 CltylstatelLp (910) 455-0877 Tetephcoe Number (Adjacent Property Owne Information) r 7Aj'a, L;Sjcl-d;z Print or Type .Name 0 Gr,=ctf Mailing Address t{-a � s�ccu' a 8Z/ 7ro �a 70 - ao3 re[ec --^e Number 5— 2— tors' - RECEIVED DCM �IIt�MINGTON, NC Revised 5i+di2 JUNK t) 2Q IN CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner Richard Baker and wife, Linda Baker Address of Property 116 Great Oak Drive, Hampstead, Pender County Lot or Street k Street or Road, City & Cm;nty r Agents Name #: Charles F. Riggs & Assoc. Mailing Address P. O. Box 1570 Agents phone #. (910) 455-0877 Jacksonville, NC 28541 I hereby certify that I own property adjacent to the above referenced property The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing A description or drawing pith dimensions must oe orovided with! this fatter. Revision to Permit #84-13 ?/ i have no objections to this propose:. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastaimanaaernenf netrcontacr dcm.htm or by calling 1-888-4RCOAST. No .a�.,...,�e is rnncidoreN the same as no objection if you have been notified by Certified Mail. I understand that a pT c. back a minimum distance of wish to waive the setback. you i do wisp; to WAIVER SECTION mooring pilings. breakwater. i rrsn try area of riparian ac setback req boathouse r groin must be set cg ss ess waived by me. (If you blank below not wish to waive the 15setback requirement IPrope�rty Owner 1, ?m7a on) / Li � ,fl� Charles F.,Riggs; a�rf for application Print or Type Name P. O. Box 1570 Mailing Address Jacksonville, NC 28541 City/StareyZip (910) 455-0877 `:=rapi-:Cra r�h�tTbe- �(Adjacent Property Owner Information) N;ii��nul I- pp rt Toft4 �iG�Jia:5a�1 I�c raarccc� G�1�Sa4 Print or Type Name Llad+r , Address ���ecnane N��n:e� RECEIVED DCM WILMINGTON, NC lul QL Was L� SYL3 $ L' sea sae8eysed W M SIOLlIOILO OL'I3 $ ° 0a sod ` {p ti—f-'NaryI•U PW.yl.etl ww.BBlsll. M '.v, r��� $ Pwlnbey wNauBIS N�MtlO aleH �.' {..: New1.0 Pw.IS.etl II.W PeWIarJ❑ O 7Pawlsod 3' (.lu.A.el.)MIB..tl w"i.tl❑ O `f (.KdoP Lo ld=d wroetl❑ ��Q�1a rewsP0. xW8�.�pl sesd9 ceoWes ea S Sjn Yf3 $ BBd IRW PsUMep L . a uax a Jp ............................�..f SkJ. O wl SYG3 eaesl RMefie7sod level 0 $ ❑. ou/To/8 ; OZ" 3 eBelSod . � $Naylep P.I.Wntl..I..BIS ASPtl❑ S BwI.E.tl wN.�IS ASPtl❑ 0 BiaH •. - )PBB4ssd 90 f N•^IIM P.PW..tl IRW P.WN.'J❑ f 01. 1.)tal••BU WHE] Odo.w.Wlal...tlwm.UD O O a 0090 $ (w.4 " w wq4.w) MA 12 SWINGS81]%3 IIBW'PaWPeO Ln . bid SJOQWH e, n Mollie: Drawn by: I�I�[�flll����������I����l�I���li�i o�392d��0132Ptzt44.010 F.Y. T... hey Pnvatte Register of Cwds 00-27-20f3 10:26:44.000 Pender County, NC NC REVENUE STAMP: $1354.40 (1126572) 3�grael--ySav- u,K� Sd� rlrT SPECIAL WARRANTY DEED Richard M. Baker, III and Wife, Linda S. Baker PO Box 818 Snoods Ferry, NC 2 SHAPIRO & INGLE 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 If the initials of any Grantor or agent appear, the property includes the primary residence of at least one of the Grantors. (RC.GS. § 105.31Z2): Tao IDN: 3291-29.4526.0000 STATE OF NORTH CAROLINA COUNTY OF PENDER 51,354.00 REV NUE STAMPS THIS INDENTURE Made this day of pwA . 2011, between Deutsche Bank National Trust Company, as Trustee of the IndyMac NDA Mortgage Loan Trust 2007-AR9, Mortgage Pass -Through Certificates, Series 2007-AR9 under the Pooling and Servicing Agreement dated December 1, 2007, hereinafter GRANTOR, whose address is 988 E. Walnut Street, Pasadena, California 91101 and Ric u18460 aker, II�d Wife, Linda S. Baker, hereafter GRANTEE, whose Walnut PO Box 816, Sneads Ferry,. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular. plural masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Pander County, North Carolina and more particularly described as follows: BEGINNING at an iron pipe in the eastern line of Great Oak Drive (60 fool right-of-way), the southwestern comer of Lot 129 as conveyed to Robert D. Foster, Jr. and wife by deed recorded in Book 646, Page 283, Pander County Registry, said pipe being S 16-53 12 W 127.12 feet from an iron pipe in said line of said street, the northwestern comer of said Lot 129, this pipe being S 1049 12 W 33.67 fed from a point in said line of said street at the northern end of Curve No. 4 as shown on the map of Deerfield recorded in Map Book 13, Page 59, Pander County Registry, said point being S 9-45 W along said line of said street 30,00 fat from a point that is S 81-15 E 30.00 feet from a concrete monument in the center line of said street at its intersection with the centerline of Creekview Drive as shown on said map; running thence from said BEGINNING POINT S 67.47 E along the southern line of said Lot 120 235.00 feet an iron pipe; thence S 67-47 E along said line 30.00 feet to an iron pipe in the western edge of freshwater slough that lands northwardly from Topsail Sound, the southeastern comer of said Lot 129; thence S 51- 07.45 E crossing said slough 13.50 feet to an iron pipe at or near the high water line of Topsail Sound, the western most or southwestern comer of Lot 123 as conveyed to Thomas E Lippincott and wife by deed recorded in Book 580, Page 110 of said Registry; thence S 41-12 12 E to the center of the channel of the Intracoastal Waterway; thence southwestwardly along the center of said channel to a point that bears S 4341 E from an iron pipe at, or new, said high water line, said pipe being S 19-46.10 W 204.03 feet from said pipe at the southeaslem comer of said Lot 129, said pipe at, or near, said high water line being in the northeastern line of Lot 3 M shown on the map of Deeedeld, Section 1, recorded in Map Book 13. Page 60 of said Registry; then" N 43-41 W to said pipe at or near said high water line; thence N 43.41 W along the nutlheastem line of said Lot 3,305.00 feet to an iron pipe in the totem line of Great Oak Drive, the northernmost comer of said Lot 3; thence northwardly along the eastern line of Great Oak Drive as it curves to the west to the Point of Beginning, said Beginning Point being N 25.34 E 80.04 feet from the preceeding point; the same containing .93 acres, more or less, of land above mean high water, and BEING ALL of Lot 130, DEERFIELD and also being part of Tract B as shown on the map of Deerfield recorded in Map Book 13, Page 59, Pander County Registry. Property Address: I t6 Great Oak Dr, Hampstead, NC 28443 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges andappupena0.ces theretd (+elpnging to Grantee in fee simple.'-' Environmental Quality October 15, 2015 Charles F. Riggs & Associates, Inc. c/o Mr. Charles Riggs PO Box 1570 Jacksonville, NC 28541 Dear Mr. Riggs: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary This letter is with reference to your application, acting as agent for Richard & Linda Baker, for a Coastal Area Management Act Major Development permit to undertake development activities at property adjacent to the AIWW, at 116 Great Oak Drive, in Hampstead, Pender County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 12, 2015, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7424 or e-mail at: heather. coats@ncdenr.gov. cc: Morehead City files Wilmington files Sincerely, Heather Coats Assistant Major Permits Coordinator Nothing Compares_ State of North Carolina I Environmental Quality 1601 Mail Service Center I Ralelgh, North Carolina 27699-1601 919-707-8600 Charles F. Riggs, P.L.S. L-2981 502 New Bridge Street Jacksonville, North Carolina 28540 (910)455.0877 charlesriggs@riggslandne.com July 27, 2015 CHA.RLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Corporate License (C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville, North Carolina 28541 (910)455.0877 Ms. Tara MacPherson Field Specialist NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 Re: Richard Baker Dockage Dear Ms. MacPherson, James A. Lewis, P.L.S. L-4562 Landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 jameslewis@riggslandnc.com Please find enclosed the revised MP-4 form and 27 prints of the above referenced project. Res Charles F. Riggs, P.L.S. L-2981 Enclosures CHARLES F. RIGGS & ASSOCIATES, INC. Charles F. Riggs, P.L.S. L-2981 502 New Bridge Street Jacksonville, North Carolina 28540 (910)455-0877 charies.riggs@bizec.rr.com July 8, 2015 To: Mr. Jason Dail Land Surveyors Corporate License (C-730) 502 New Bridge Street P.O. Box 1570 Jacksonville, North Carolina 28541 (910)455-0877 E-MAIL: riggsland@bizec.rr.com Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 James A. Lewis, P.L.S. L-4562 Landfall Executive Suite 217 1213 Culbreth Drive Wilmington, North Carolina 28405 (910)681-7444 j.lewis@bizec.rr.com Re: Richard M. Baker, III and wife Linda S. Baker Major CAMA Application (Modification) Dear Mr. Dail: Regarding the dockage modification request of CAMA permit 84-13 for Richard M. Baker, III and wife Linda S. Baker for the property located at 116 Great Oak Drive, Hampstead, Topsail Township, Pender County, Charles F. Riggs & Associates, Inc. submits the revised CAMA plan, the revised MP -I and MP-4 forms, a current client authorization form, and the certified mail receipts to the adjoiners. We will be forwarding the green cards from the adjoiners to you upon receipt of them. James L. Riggs rrc'CEiViW Cf 1� 1���`����I �F � i �' .Y� �y Pat McCrory Governor July 28, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location ASIPL'A, NCDENR North Carolina Department of Environment and Natural Resource Donald R. van der Vaart Secretary Dkdkd DENR Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) CAMA Fill Permit Application Review Richard M. & Linda S. Baker 116 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County Proposed Project: to modify an authorized expansion of an existing docking facility (CAMA Major Pt. No. 84-13) to accommodate 7-slips at 116 Great Oak Dr., adjacent to the AIWW, in Hampstead, Pender County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Huggett at the address above by August 20, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity, ARumative Action Employer NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee: $250/#14048 CDAITS I/ Applicant: Richard M. Baker 111 84-13MM Agent/Contractor: James R. Riggs/Riggs & Associates, Inc. Project Site County: Pander Staff: MacPherson District: Wilmington Project Name: R. Baker Dock Expansion Rover F' River Bas' Initial date of application submittal: 7-8-15 Date application "received as complete' in the Field office: -7 —7 SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes ❑No PNA: ❑Yes o Photos Taken: Yes No❑ Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes ❑No Not Sure 15 foot waiver obtained: ❑Yes o Hazard N tification Returned: ❑Yes KNo SAV: Yes ❑No ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: Ass ❑No Sure Sandbags: ❑Yes PqQo El Not Sure Did the land use classification come Mitigati equired (optional): from county LUP: lAes []No ❑Yes Ao Moratorium Conditions: Environment ssessment Done: Length o Shoreline: ❑Yes ❑No NA ❑Yes ❑No AA FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pen or- Closed CONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) v ❑ High Quality Waters (HOW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alternifiora) cynosuroides) ❑ IDS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 1 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv, public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Baker, Richard Date: 7-8-15 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Repla P 1 Maint ❑ ❑ Y N New Work Replace CXNNew 3 a Maint ❑ ❑ Y Wo ce KN 1 Mat ❑ ❑ YaI New Work Repl O Maint ❑ ❑ Y N ow 0 Maint t ❑ El Replace S New Work Re la Maint ❑ ❑ Y [ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impact impact amoun emp impacts) amount MWDredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10/12/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Richard M. & Linda S. Baker III COUNTY: Pender PROJECT NAME: Baker Docking Facility Expansion MM84-13 LOCATION OF PROJECT: 116 Great Oak Drive, adjacent to the AIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-27-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: U °t B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 7-30-15 ADJ. RIP. PROP NOTICES REC'D: ✓ (n APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 1 MAIL OUT DATE: 7-28-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $250 ✓ * /qOJ /- Yt� �S END OF NOTICE DATE: 8-20-15 �✓ --- � WAS /DEEDREC'D: ��6 ✓ ON: 150 DAY DEADLINE: STATE DUE DATE: 8-20-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency ' ' Zy- (S ✓ Division of Community Assistance 7 S Land Quality Section (DEMLR) Division of Water Resources (401) 5�27�1$ ✓ ex;AP, ornS GCg300 Ow(1 ma),* Storm Water Management (DEMLR) / State Property Office Division of Archives & History Division of Environmental Health i5 Division of Highways Wildlife Resources Commission �i 3/1S ✓/ (cn�em5-st]-y5u.rK Local Permit Office Division of Marine Fisheries / DCM 1 3D�1 S C orn Nly j S Corps of Engineers © W '�' C'� C,),go(,.t 2013 ti°L yt. f�.5 95AS MEMORANDUM To: Jonathan Howell ErArs From: Michael Christenbury, Wilmington District Plannertp ' Subject: Consistency Determination, MAJOR MOD - Major Permit Application, Richard and Linda Baker, Pender County Date: August 24, 2015 The applicant proposes to create a 7 slip docking facility at the terminal end of the existing pier and platform at 116 Great Oak Drive, adjacent to the AIWW in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File tA' i (Z1) . lI&� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Richard and Linda Baker Donald R. van der Vaart Secretary August 26, 2015 DWR Project N 2013 0463 V2 THIS1 ounty 116 Great Oak Drive Hampstead, NC 28443 IT Subject Property: 116 great Oak Drive, Hampstead Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mrs. Baker: You have our approval, in accordance with the attached conditions and those listed below to construct a 7- slip docking facility as described in your CAMA application dated July 28, 2015, and received by the Wilmington Regional Office (WiRO) Division of Water Resources (Division) on July 28, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters.as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification, if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)) The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a opy,of hi Certification. i'� I\?ED DCM WILMINGTON, NC 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone:910-796.7215\ Internet: www.ncdenr.gov AUG 2 7 2015 An Equal Opporlunily 1 ARrmadve Aden Employer - Made In part by recycled paper Richard and Linda Baker DWR Permit N 2013 0463 V2 August 26, 2015 Page 2 of 4 3. SAVs Please note that the area surrounding the proposed project contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. 115A NCAC 02B .0221 and 15A NCAC 07H .0208(b)] 4. Turbidity Standard The turbidity standard of 25 NTUs (NephelometricTurbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)) 7. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. (15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Richard and Linda Baker DWR Permit H 2O13 0463 V2 August 26, 2015 Page 3 of 4 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. (15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)). 10. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, INC, 27699 within ten days of project completion. The certification of completion is available at: http:/ vortal.ncdenr.org/web/wa/swp/ws/401/certsandoermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or LAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:/Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Richard and Linda Baker D W R Permit N 2013 0463 V2 August 26, 2015 Page 4 of 4 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Jennifer.Burdette@ncdenr.govJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.SteenhulsOncdenr.aov. . Sincerely, Ji Gr gson, Regional Supe Isor Wate Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Charles Riggs —Charles F. Riggs and Associates, Inc. —electronic copy Liz Hair - USACE Wilmington Regulatory Field Office — electronic copy Tara MacPherson — DCM Wilmington — electronic copy Jennifer Burdette — Wetlands and Buffer Unit Heather Coats - DCM Wilmington — electronic copy WiRO North Carolina Department of Environmental Quality Pat McCrory Governor November 9, 2015 Mr. Richard Baker III 116 Great Oak Drive Hampstead, NC 28443 Subject: EXEMPTION Stormwater Project No. SW8130423 MODIFICATION Baker Dockage Pender County Dear Mr. Baker Donald R. van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permif Application for the subject project on July 28, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have anyy questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincerely, 7� Tracy E. DaGis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:1WQ1SharedtStormwaterTermits & Projects120131130423 Exemption1201511 permit 130423 Cc: Charles F. Ri gs & Associates, Inc. Pender CouM Planning Department Tara MacPherson/Shaun Simpson Doug Huggett, DCM Wilmington Regional Office Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-72151 Fax: (910) 350.2004 • Internet: http://i>ortal.ncdenr.org/webAr/ An Equal Opportunilyl Affirmative Adon Employer- Made in pert by wyeled paper W i X� Pat McCrory Governor July 28, 2015 MEMORANDUM: TO NCDENR North Carolina Department of Environment and Natural Resource Maria Dunn NCWRC For WiRO Donald R. van der Vaart _ Secretary AUG 2015 RCE'1Vv C FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) SUBJECT: CAMA Fill Permit Application Review Applicant: Richard M, & Linda S. Baker Project Location: 116 Great Oak Dr., adjacent to the AIWW,, in Hampstead, Pender County Proposed Project: to modify an authorized expansion of an existing docking facility (CAMA Major Pt. No. 84-13) to accommodate 7-slips at 116 Great Oak Dr., adjacent to the AIINW, in Hampstead, Pender County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hug-gett at the address above by August 20, 2015. If you have any questions regarding the proposed project, contact Tara MacPherson at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes �� p are incorporated. See attached. _This agency objects to the project for reasons described in the attached comments. SIGNED A' .'vl." DATE 0 31-21)15- N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 t)CM VNILN,INGTON, NC Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanaclement.net An Equal Oppodunity 1 Affirmative Action Employer ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Heather Coats Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Coordinator y Division of Habitat Conservation DATE: August 31, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for Richard and Linda Baker, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 116 Great Oak Drive adjacent the AIWW in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to modify an authorized expansion of an existing docking facility (CAMA Major No. 84-13) to accommodate 7 slips. The expansion would keep the structure within the''/4 width of the water body. Water depths within the slip area range from -1 to -2.5' MLW. Submerged aquatic vegetation (SAV) is known to be in the area. The AIWW in this location is classified SA-ORW by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the permit modification and is concerned with the expansion's potential to impact SAV. A SAV survey should be conducted during the appropriate time of the year to determine SAV presence. If it is found that SAV is within the slip area, impacts should be avoided by modifying the project design to place slips in water depths greater than -2' MLW or remove slips in the location of SAV. We appreciate the opportunity to review and comment on this permit application and look forward to additional information. If you need further assistance, please contact me at (252) 948-3916 or at maria.dLinn@ncwildlife.org Address: Division of Inland Fisheries • 1 Telephone: (919) 707-0220 • Fax: ice Center • Raleigh, NC 276! (919) 707-0028 0CM , No October 6, 2015 Regulatory Division Action ID No. SAW-2013-00832 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Richard and Linda Baker to modify a previously authorized proposal to reconfigure and expand an existing dock and platform including a seven slip docking a facility (which included two boat lifts, a floating dock, and four jet ski lifts) with an additional a platform and gazebo, floating docks and jet ski lifts located at 116 Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Pender County, North Carolina. Coordinates in UDecimal Degrees are: 34.345960 N. The project plans propose to expand the existing 14-foot by 16-foot "L-head" fixed platform at the terminal end of the existing pier to a 24-foot by 16-foot "T-head" platform, covered by a gazebo, and install a 12-foot by 30-foot floating dock immediately water -ward for docking. A 6-foot wide aluminum ramp is proposed to extend past the existing platform to a floating dock with one covered boatlift measuring 13-feet by 12-feet on the southwest side, and a 13-foot by 30-foot boathouse on the northeast side. Additionally, a 4-foot by 21-foot finger pier is proposed to extend to the northeast from the covered gazebo in order to access three proposed jet -ski lifts, to be installed along the landward side of the floating dock. Two 2-foot by 6-foot floating finger docks are proposed along the landward side of the proposed floating dock (between the jet ski lifts). One additional 3-foot by 32-foot finger pier along the northeast side is proposed to extend water ward to the existing pier head alignment with an additional 13.8-foot by 12-foot boat lift. This finger pier would provide access to the proposed covered boatlift. No dredging is proposed. -2- The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htttp://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. Z 2. Dredging is not authorized. 3. No portion of the reconfigured or newly constructed structure is authorized to be i within the U.S. Army Corps of Engineers Federal Channel Setback. 4. Due to the risk to tug and barge traffic in the narrow configuration of the AIW W in this location, the permittee must notify the U.S. Coast Guard (CG) three weeks prior to and upon / completion of construction so that the CG can issue the appropriate notices, including contact information of the operators of the vessels involved in construction for mariners. Notification can be made at cgd5water3yays@uscg.mil 5. Vessels engaged in construction will only enter the navigational channel when / necessary to access the project and adhere to Navigation Rules in all environmental conditions (i.e. day/night/restricted visibility). 6. The permittee must install and maintain, at his expense, any signal lights and signals / prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 7. All work authorized by this permit must be performed in strict compliance with the / submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice fi-om the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. -3- 9. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or N� mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns �'within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or io wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. / 15. If the permittee discovers any previously unknown historic or archeological remains ✓ while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this -3- 9. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10, The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this ME project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. Or" l. 19. The permittee, upon receipt of a notice of revocation of this permit or upon its n i expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. FILENAME: CL31-MOD-SAW-2015-00832.BAKER.doc.10a.doc Sincerely, CESAW-RG-L/HAIR/tms/s CESAW-RG-L/BETER MAIL CESAW-RG/FILE Liz Hair, Project Manager Wilmington Regulatory Field Office Coats, Heather From: Charles F Rigss <charles.riggs@bizec.rr.com> Sent: Tuesday, November 10, 2015 6:36 AM To: Coats, Heather Subject: FW: Richard Baker project Attachments: BakerRevision400Sq.Ft..pdf Heather I have spoken to Richard Baker and he agrees with the dockage for the jet skis and the boat lift to the east serving slips 3 - 7 to be fixed and built at an elevation of 4.5' — 5.0'. He also wants to be sure he can install lifts for the jet skis. Charles From: Charles F Rigss [mailto:charles.riggs@bizec.rr.com] Sent: Wednesday, October 28, 2015 1:04 PM To: 'Coats, Heather' Subject: RE: Richard Baker project Heather It is my understanding this is what you need to write the permit. Please note I have reduced the covered boat lift to 13.3 feet from 13.8 feet to meet the 400 square feet. Please confirm this is the only item needed. Thanks Charles From: Coats, Heather [ma iIto: heather.coats@ncdenr.gov] Sent: Thursday, October 15, 2015 4:36 PM To: charles.riags@bizec.rr.com Subject: Richard Baker project Hi Charles, The extension letter is attached for the Richard Baker project. Hard copy will also follow by mail. Can you please call me when you have a moment though to discuss? Thanks in advance! Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7424 office heather. coats(oncdenr.00v 127 Cardinal Drive Extension Wilmington, NC 28405 M.- - 'Nothing Compares , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. �ittz) Coats, Heather From: Coats, Heather Sent: Thursday, December 17, 2015 10:24 AM To: 'Richard Baker' Subject: RE: Permit # 84-13 Richard and Linda Baker Hi Mr. Baker, Again, apologies for my delayed response, but as discussed, I will answer your questions below in red. Please feel free to contact me if you have any further questions. Again, thanks for your attention to the permit conditions and taking the time to ensure you understand them! All the best, Heather Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats(cDncde n r.00v 127 Cardinal Drive Extension Wilmington, NC 28405 Ernail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Richard Baker[mailto:richard@treasurerealty.com] Sent: Wednesday, December 02, 2015 11:47 AM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: Permit # 84-13 Richard and Linda Baker Ms. Coats, I have a few questions regarding Permit 84-13. I've attached the permit with my handwritten questions and notes. Below are the questions on the permit for your review/response. 2.) . Why is the #2) omitted from this permit? Or is there a #2.) that needs to be attached, if so, please forward. All intended conditions are on the permit. 'the omission of a #2 is simply due to a formatting error. Apologies for the confusion. 4.) "fixed finger piers shall be constructed at a minimum height of 4.5' above the bottom substrate." ** Is substrate measured from the bottom of submerged floor to bottom of the pier? Please define substrate as used here. We measure from substrate (submerged floor) to the bottom of the deckboards, not to the bottom of the structural components. "jet ski lifts shall also be elevated above the substrate and shall not be floating" **Can jet ski float in water like a boat and tied at slip? The jet skis themselves can float in the water, but if they are to be stored on a lift (as indicated on the plans), they need to be suspended on a hoist/winch/davit/sling or elevator -type lift, rather than on a drive-on/floating platform which would result in additional shading impacts to SAV. 5.) "the permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party" **Transferred to 3rd party... how does this occur? As discussed, this is a standard permit condition. A permit is typically only transferred if you sell the property and the permitted activity has not been completed or in some cases if there is additional maintenance that requires an ongoing active permit (which is generally not the case for private piers/docks). You are required to adhere to the permit conditions while you own the property, even once your permit expires in 2018 (assuming construction is complete at that time and you do not need to renew the permit to finish the permitted work). Any additional changes would require a permit modification. However, if you were to sell the property, and the work is complete and in compliance with the permit at the time of transfer, then the new property owner would be required to obtain a new permit for any additional work or modifications. I can't think of any cases where we have held a former property owner responsible for work a new property owner has undertaken if the property transferred while in compliance. 6.) "The permittee shall install and maintain at his expense any signal lights or signals prescribed by the US Coast Guard, through regulation or otherwise" "permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather." **Do you have prescribed requirements of the Coast Guard? 1 do not have a copy of Coast Guard requirements, and I don't believe they typically have requirements for projects such as yours, but please contact them to ensure compliance. Thank you for your time and look forward to your response. 2