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HomeMy WebLinkAbout33-13 Barnhill, RobertM ennut Class Permit%NumberV NEW 3 7 ",'STATE -'OF N RTCAROLINA .0W , Department of Environmcht-afid,Natural Resources and 0 �C "astal R:esources Cotnffiissioi In ltduit I k k f6r 4 , Miii'�f Development f-�nvironrne ta,CiJncem` k' X pment in an Area o n k Tursdant.to NCGS 11 3A i1,8' kL I F k xcavation-and/or filling pius6ant to,NCGS 1,13-229 k k . Issued Robert -Barnhill, 50 I'Shady. Circle Drive, RockVFM06nt,l NC 27803" I I I F 'Authonztng development in"" New Hanover^County Channel. 51`Ptners Neck Road; ` Figure Eight I pd ,,ag requested in thes)ermittee"9 iipp'lication,dai:4 •'M WIT 'including the ..'attached workpiai drawings fQ; all dated*l/,10/13 This permiti, issued oniFphrual� , ", .is. I subject Ito compliance withthe aPpica.i6h'('whe'r'e''cohsigtdnt +'wiih ii6.permit),I11 apolicibie7regulitions, specialC-Onditionsand notes set forth below: Any violation ofthese-terms may ,Fbe subject to.firics,imprisonment 'or-ci*vi'l-ac'tion;'or'm'ay'cause.the permit to be riull,ancl void. F k _Doikini! Facility* a 1), Uriless specifidally.altered'he.rein;'this perm'it.a'uthorizes ifie construciion ofthe docks; piers ,�'n .other, ';.structures. and, uses 'that are expressly and specifically set -forth' in the permit application: No other k structure,, whethdr floating or:stationary; "shh .become a permanent part of 'this 4ekin'g"faci'lity F without permit modification. No non-wdter''d'e'pe'rident uses of §fructures'shdll'be'c'onduc't6d,6n, .1nor- k I overpublic,trust waters withoutperIm. it modification.' F., No'sewage, Whether.tre'ated or 'untrcated,'-shMl"b6 discharged `at any time ftofti, any, boats using the docking facility.'. Any"scwagcdischailge, at; l the.dockin' Tity a6illi (in- , g shall be:considered a,violati' of thii L ponsible. This prohibition shall be,,appliIiIJ and�'-enforced" permit for -which the permittee is responsible. ' rou cr,M rlir th ghout, the entire existence of p iticd� structure: k , 'k 'k .(See attached sheetsfor. Additional Conditions) . ' the authorityof the Secretary of'DENR and the 'hits permit action may '-be'appealedjby,.th&' permitteeor -Signed by'the 'ISS other qualified pcisons within twemry`:(20) days of the 'Xhairnarof the Coastal Resources Commission., k . Ulng"L'..L date. Anappedl requires resolution prior to,work-initiation or 0 continuanceas ihe" case may"be." I Department 11 This permit,must,lbe accessible on -site', 0u personnel, when the",project,,isums inspected f6 compliance: - e. r 's1 1pect. Br on G Davis, Director 0 Any maintenance work or projectlmodification'not cov`dr'ed,..,.�,:-, ivisil'ori ofCoastallMitn'agerh6rit. hercunder.requirei further!Divisidin approval. i. I J . , . , , - , . iT I All "work must cease w'fiede'permit expires on This and its conditions are hereby acccpicd.- k December 31, 2016 ;,,,'In; issuing this, pennit;:,the'State of"North"Carohnia agrees - r%`�ir'. ' that! hat! our project is consistent'with,the North'Carolini toastal Signaritre'of Permittee Management Pr6gram k . . . . . . ----------- V Permit Class NEW Permit Number 33-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert Barnhill, 501 Shady Circle Drive, Rocky Mount, NC 27803 Authorizing development in New Hanover County at Banks Channel, 51 Pipers Neck Road, Fire Eight island as requested in the permittee's application dated 1 /10/13, including the attached workplan drawings (5), all dated 1/10/13 This permit, issued on February 2H, 2013 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the construction of the docks, piers and other structures and uses that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department persomiel 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, 2016 In issuing this permit, the State of North Carolina agrees 'that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. l' Brai oil C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert Barnhill Permit #33-13 Page 2 of 3 ADDITIONAL. CONDITIONS 3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) All debris resulting from the removal of the existing structure shall be disposed of in an approved upland disposal area. 9) This permit authorizes (2) two new formalized boatslip for a total . of (4) four formalized boatslips associated with this docking facility. General 10) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Robert Barnhill Permit #33-13 Page 3 of 3 NOTE: NOTE: NOTE: NOTE: ADDITIONAL CONDITIONS This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0088. The, U.S. Army Corps of ,Engineers authorized the proposed project under COE Action Id. No. SAW- 2013-00240, which was issued on_2/5/13. 0CM MP-1 APPLICATION for major nevoiopment Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name �ZobI VIhm1ill Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names listed. Mailing Address ,r -Aff07 PO Box City State ZIP }� ��D�3 Co''ufn6 VIS� Phone No. r�Sd ext. FAX No. Street Address (it different from above) City State ZIP Email 2. Agent/Contractor Information Business Name - Agent/ Contractor 1: First Name ` Last Name i ,IA) Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 8�g City ,udµisr� f�� State /tiC ZIP ' �"' i'�— .•'.`: Phhonnee N,00..<1 Il`�.V4��i 11 aKt _ „ ,:. Phone No. 2 _ axt. FAX No. Contractor # Street Address (it different from above) City Slate ZIP - Email ' efly eh„illcam nEGEIVEB DCM WILMINGTON, NC <Form continues on back> JAN 1 4 20113 � Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. K IWOlw�f►z. Sl i �tk Subdivision Name Clty G/�!►�t�► �►► State C Zip SYl/ -14 Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. a. In which NC river asm is the project located? b. Name of bod of water nearest to proposed project c. Is th water b y i entified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural aria ❑UnknownL VG e. Is p osed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ea ❑No work falls within. ,1mIJin,N� 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) c. Size of individual lolls) d. Approximate elevatiot of tract above NHW (normal high water) or NWL (normal water ver) 4� (If many lot sizes, please attach additional page with a list) NHW or ❑NWL e. Vegetation on tract I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? i. Is the roposed project consistent with the applicable zoning? n _ (Art h zoning compliance certificate, it appll ble) Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes o k. Has a professional archaeological assessment been done. for the tract? If yes, attach a copy. ❑Yes -- o ❑NA If yes, by whom?. 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑YesCRNo ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED D13MULMINGTON, NC t Major Development Permit m. (1) Are there wetlands on the site? Zes []No(if) Are there coastal wetlands on the site? ❑NNoo (iff) If yes to either (1) or (if) above, has a delineation been conducted? ❑Yes p o (Attach documentation, it available) n. Describe existing wastewater treatment facilities. S� 5��� sysl�►t o. Describe existing drinking water supply source. 1K AIL p. Describe existing storm water management or treatment systems. h IJPr 15. Activities and Impacts b. Give a brief description of purpose . use, and daiily pperalions of the project when complete. �/itiu�►� Pax fiz)ltr� Fvh J�nfl�1 rltr /1�J3/h1 c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type ofequipmentand where it is to be stared. d. LiSt all development activities you propose.Rev Ad An jl 'll uC /�lv Ad ' %i 11Fd ( lsrh5 �j«L e. Are the proposed activities maintenance of an existing project, new work. or both? Y '' �l/ AiNi I. What Is the approximate local disturbed land area resulting from the proposed project? ..— D .._ ❑Sq.FI or ❑Acres g. Will the proposed project encroach on any public easement. public accessway or other area ❑Yes CWNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NoN� 1. 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 ❑N ❑NA ' rs there any mitigation -r " - _ .. . ... . .: ...... .. ..., . 1. y g Poposedl.. Yes NNo.'❑NA It yes, attach a mitigation proposal. - - - - RECEIVED <Form continues on back> DCM WILMINGTON, NC JAN-3 0 H9 JAN 1 4 20.13 Major Development Permit 6. Additional Information In addition to this completed application form, (MP-i) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (@ 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 "oeraeerl•wdrw dorn(nlndrraMpraposdu. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name �. l�L Phone No-311_ p})r/_r7Vr)q Address(, , I%jQL�Mi,/�C� , �Mil►lys ti �o7i� 7 a 4l /.! Name �/oLC1(�K�( C/re Phone No. Address / J Itm i�l(mlyl(,' VI I L ✓ i� Name tt�' -�— Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Weiland delineation, if necessary. 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 1 of publiclunds or use of public lands. attach a statement documentingcompliance with the North Carolina Environmental Policy Act, - 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that 1 am authorized to grant, and do in tact 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,. inoniloringof the projeck I further certify that the information provided in this application is truthful to the best of my knowledge. Date /,Q J/pr'l • a71-3 Print Name A4Nd/A/ Signature C----2 T Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑.,CgCM MP-3 Upland Development RECEIVED CM MP-4 Structures Information DCM WILMINGTON, NC ic�C EiVED JAN 1 4 2013 i! '-, E? 7r11? Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this forth to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facilawmarina: / b. m ❑Commercial ❑PubliclGovement nvatelCarnmunity c. (i) Dock(s) and/or piers) d. (ti) Number (IVh ) Width ( r.%WI SrIYI�I (v) Floating ❑Yes No e. (i) Are Platforms included? U/Yes ONO If yes (if) Number I&4Z m (i) Length k (iv)Width LEryliy (v) Floating ❑Yes NN � Note: Pooled areas are calculated from driplins dimensions. g. (i) Number of slips proposed _q (it) Number of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel 00,4en water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: k. Typical boat length: rW m. (i) Will the fa fly have tie pilings? (Dyes No (it) If yes number of be pilings? ❑This section not applica (i) Will the faci y be open to the general public? (Dyeso (i) Are Finger Piers included es ONO If yes: / (it) Number —� (iii) Length (iv) Width(v) Vas Floating ONO (I) Are Boatlilts included? aes ONO If yes: (ii) Number (iii) Length (iv) Width ��,/ IV h. Check all the types of services to be provided. ❑ Full service. including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (-wet slips') only, number of slips: _ ❑ Dry storage; number of boats: _ ❑ at tamp(s): number or boat ramps: _ Other, please describe: ffibwd j. Describe the typical boats lobe served (e.g., open runabout. charter boats, sail boats, mixed types). T 11> t n►9 JottT I. (1) Will file faci4l open to the general public? ❑Yes o RECEIVED JAN 3 0 2913 RECEIVED DCM WILMINGTON, NC JAN 1 4 2013 2. DOCKING FACILITY/MARINA OPERATIONS r /)4 Vhis section not appficabh a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons: Number: _; Location: 0 Showers ❑ Boatholding tank pumpouf Give type and location. b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of `No Sewage Dischargesigns proposed. (n) Give the location and number of'Pumpout Available' signs proposed, I. Describe the special design. if applicable, for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed ol? h. Give the number of channel markers and 'No Wake' signs proposed. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. I. what wall be the marina policy on overnight and live -aboard dockage? -k. Describe design measures that promote boat basin hushing? RECEIVED I. If this project is an expansion of an existing marina, what types of services are currently provided? DCM WILMINGTON, NC _ r 613 RECEIVED ON 20 2q)� m. Is ttie marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marinefdocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _. ❑SAV ❑SB _ OWL ❑None p. Is the proposed madnaldocking facility located within or within close proximity to any shellfish leases? ❑Yes . ❑No If yes. give the name and address of the lesseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) I '7)1� This section not applicabr a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovernment ❑Private/Community (ii) Number (in) Length ` (iv) Width ^_ Note: Roofed areas are calculated from dapline dimensions. 14, GROIN (e.g., wood, sheetpite, etc. if a rock groin, use MP-2, Excavation and Fill.) w ZR Whis section not applicabr a (,) Number _ (ii) Length (iii) Width 5. BREAKWATER (e.g., wood. sheetpile, etc.) 17 (his section not applicabr a Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW. NAIL, or wetlands 6. MOORING PILINGS and BUOYS r /A VThis section not applicabl a. Is the structure(s): oCommercial ❑PubliciGovernment ❑PrivaterCommunity c. Distance to be placed beyond shoreline _— Note: This should be measured from marsh edge. if present. b. Number d. Description of buoy (color, inscription, size, anchor. etc.) e. .Arc of the swing DCM WILMINGTON, NC RECEIVED JAN 14 2013 1AN 3 0 2013 "4i-?f.:-ID CITY 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines td s' Note: for buoy or mooring piling, use are of swing including length ofvesset. c, Width of water body fi 33d' e. (i) Will naviga nal aids be required as a result of the project? OYes No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. t d50Y d. Water depth at waterward end of structure at NLW or NWL 8. OTHER _ ❑ This section not applicabl a. Give complete descriplior 1�0 tknj /dj y)jj, 5( Si�*'rp�vj-03 , Date Project Name Ed LLyv4J ApPjc�yri e r�w`'N�'/1] Applicant Sigl0ature RECEIVED o � ?f113 RECEIVED DCM WILMINGTON, NC JAN 1 4 2013 fi 33a 04-11n I�ooy A RECEIVED DCM WILMINGTON, NC AN 14 2013 i&)u /Iflk4iW s- Rpa.Ivak ; "/ F&S Marine Contractors, Int. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN — }- DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: e"msn.com sc,py f I I N Job AU !L/ fl Jar z9' RECEIVED JAN 3 0 29` DP1W ,,,,) -,,. lzb IJNwid ld,lwtut�tanj Z�Y6/ Sri lay �� W) F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Piiillings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly@msn.com LjJ b IY 90' ?bw' 8+wu� d� dlp OO nU N �\ •N 'V In 9dtp Gpl� • LU' do .� a aiu • _ m mu 3tl gp 0 :Q .� N • SA [ • a •A a6.s m � aQ du V 9 N� o6 ' �n- �3� �• NG N 2V T O m 6 c n 4i y` a %NN RECEIV r i P�'AnJ,t*_7� niTV RECEIVED DCM WILMINGTON, NC JAN 1 4 90113 24 0 7 � n r Z �= w c� v 0 m < Y 5URRVISION: )MPUTER :OM )5 OF SIGNATURE, l� �N DEN WAY 9 TIC IATION AT ACK LINE J, w LOCATION MAP m NOT TO SCALE 5URVEY REFERENCE MAP BOOK 41 PAGE 235 DEED BOOK 4964 PAGE 2045 NOTE: TH15 LOT 15 LOCATED IN ZONES AE (14) F VE (15) COMMUNITY ID # 375347 MAP # 37203 17800 j DATED: APR1L 3, 2006 BOAT BASIN NNW LINE TABLE LINE LENGTH BEARING L I 57.90 51 1 °2412911E L2 71.22 504° 1 7' 1 2"E L3 34.09 503037-03"W 14 44 4.4 1 Sl19°d I �qC"IAl 1.3 y,-r r LJW57 RECEIVED DCM WILMINGTON, NC /6T _ JAN 1 4 2013 G F&S Morfoe Coofroetoro, Inc. Complete Marine Construction Services For Over 37 yearsl RECEIVED CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: e8y®msn.com >o DCM Coordinator: O ot- .[( Permit #: MAILING DISTRIBUTION SHEET Permitee:_e ol,),4- DCM Field Offices Elizabeth City ork plan drawings) Morehead City r Wason� US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: ave Tim Cultural Resources: Renee Gledhill -Early or vironmental.review@ncdcr.gov Public Water Supply: ebra Beno WIR Jo A ite (WARD) Marine Fisheries: r/ anne H ✓ NC DOT: end Shellfish Sanitation: attilP Fowler State Property: im Walt �� P �Y� Water Quality: Hi ins (Raleigh) John Hennessy Washington: Amy Adams Wilmington: Joann is - 401 ✓ �Cobum - 401 Linda Lewis - Stormwater Wildlife Resources: aria Dunn (WARD) ✓ Coastal Management: Ronda Bennett LPO: Fax Distribution: Permitee #: Agent #: NEW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Robert Barnhill 501 Shady Circle Drive Rocky Mount, N.C. 27803 Dear Sir or Madam: Braxton C. Davis Director February 28, 2013 John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. P i Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opporlunity IAf mnatve Action Employer v J F car S Marine Contractors Inc. P. 0 Box 868 Wrightsville Beach, N.C. 28480 Phone/fax 910-256-3062 10 Tan. 2013 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: efly@msn. com The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a new 10'x40' floating dock and new boatlift. The proposed facility will accommodate four vessels and is for the applicants' family use. The new structure is within the 15' corridor line setbacks and is 10' closer to shore than the current dock. RECEIVED RECEIVED DCM WILMINGTON, NC JAN 14 2013 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Robert Barnhill 2. LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. Photo Index— 2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13 State Plane Coordinates - X: 2373946 Y: 185551 Latitude: 34015'12.27531"N Longitude: 77045'45.29724"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/16/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned — NA (F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier, floating dock and boatlift. Planned — New floating dock and boatlift Source — N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRFnrFn FII I Fn OTHFR (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 596 sq. ft. (Incorporated) (C) Other (Highground) (D) Total Area Disturbed: 596 sq. ft. (0.013 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel. RECEIVED ,JAN 3 0 2013 DCM-MHD CITY Robert Barnhill Page 2 9. PROJECT DESCRIPTION: The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and then take a left onto Pipers Neck Road and continue until you reach the property of interest which will be located on the right at the end of the cul-de-sac. The property borders a man-made bay located on the southern end of the island, which connects to Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new two story single-family residence on the property, which the applicant received CAMA Minor Permit No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental landscaping. The approximately 249linearfeet of shoreline frontage is currently stabilized by a new timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands consisting primarily of smooth cordgrass (Spartina altemrflora), measuring approximately 30' in width. Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is approximately 15' in width. The applicant also currently maintains an existing private docking facility within the bay. An existing access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20' in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift, measuring approximately 13' in length by 13' in width located on the southern side of the existing floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets 1 through 5 of 5). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel. The existing floating dock and boatlift would be entirely removed and replaced with a new floating dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on the most southern side of the proposed floating dock. The proposed new floating dock and boatlift would provide docking space for up to four (4) vessels. The application states that the existing water depth in the area of the proposed docking structures would be approximately -6.0' at normal low water (NLW) (See Sheets 1 through 5 of 5). RECEIVED Robert Barnhill Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking structures. The proposed structure would extend approximately 66' into a waterbody, which measures approximately 330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington DIVLSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Robert Barnhill COUNTY: New Hanover PROJECT NAME: Barnhill Dock Redesign LOCATION OF PROJECT: 51 Pipers Neck Rd., adjacent to Banks Channel, on Figure 8 Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-14-13 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 1-28-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: H y-a C) 75 DAY DEADLINE: I�� MAIL OUT DATE:1-25-13 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a f 7I.`yY 7 Cal Ii�7 ii � (�1 �11:�1I �u I I►CtSf ��7►1 FEE RECD: $250.00 END OF NOTICE DATE: 2-18-13 DEED RECD: YES 7 ON: JX1117 150 DAY DEADLINE: STATE DUE DATE: 2-18-13 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO/ NOTES Coastal Management - Regional Representative - S 13 ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality 1 -1 Q,-t3 Storm Water Management (DWQ) State Property Office -14 - 13 ✓ Division of Archives & History ] S- 13 Division of Environmental Health / Division of Highways Wildlife Resources Commission -'� - 13 ✓ Local Permit Office Division of Marine Fisheries Corps of Engineers p,,,� ;-1�-13 Project Name Assigned to 6,k-? ( I 44"/f Assigned on ACTIONS Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other 1 rJ IV T. Written approval from DWQ iss n required for this project. NCD NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director _ Secretary January 25, 2013 �ti oV MEMORANDUM: ti R�"�v�.E�;on TO: Maria Dunn For WIRO INC Wildlife Resources Commission �61n, n\j FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1, DATE 2- 5-j30t3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-39641nternet www.nccoastalmanagement.net An Equal Opponunily \ Alfirm five Achw Employer J 'RECEIVED JAN 3 0 2013 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 MEMORANDUM: TO: Christine Bouffard LPO New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, 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 comme SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \Affirmative Action Employer A& NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 MEMORANDUM: S�airsh ' J f �a TO: Shannon Jenkins NH DEH �Sacro`°ation� Shellfish Sanitation Section FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, 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. FcY SIGNED khy"d 7 DATE /- Z$--13 RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 ' -, 0 5 2013 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer DCM-I,MDC;TP '1 f Pat McCro Governor Aly"AwJ�/ NCDNR North Carolina Department of Environment and Natural R Division of Coastal Management Braxton C. Davis Director J4..+ x I Z013 John E. Skvarla, III Secretary January 25, 20130245 t3 - MEMORANDUM: TO: Renee Gledhill -Early A Dept. of Cultural Resources Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggetf at the address above by February 18, 2013, If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, 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 2, LL DATE 127 Ca VW Drive Ext., W iminglon, NC 2W Pt ", 910-796-72151 FAIN 910-3953W Intemet WWW nccoastalmanaaement.net An EwW 0PWUW0y` A@rt No Aam Errcs , FEB 0 1 2013 W A j rj DISTRICT 3 a JAN 3 0 2013 CCDENR North Carolina Department of Environment and Natural Resources RECEIVED Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility 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 February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: 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 xecc;ivtt7 127 Cardinal Drive Ext., Wilmington, INC 28405 FEB 0 8 2013 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanaaement.net An Equal OpportunitylAflirmative Action Employer r`A -A ,_, CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Robert Barnhill 2. LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. Photo Index-2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13 State Plane Coordinates - X: 2373946 Y: 185551 Latitude:34°15'12.27531"N Longitude:77°45'45.29724"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/16/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned — NA (F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier, floating dock and boatlift. Planned — New floating dock and boatlift Source — N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: `3 [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 596 sq. ft. (Incorporated) (C) Other (Highground) (D) Total Area Disturbed: 596 sq. ft. (0.013 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel. ktsCLiv6D FEB 0 S 2013 T)CM4011D CITY Robert Barnhill Page 2 9. PROJECT DESCRIPTION: The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and then take a left onto Pipers Neck Road and continue until you reach the property of interest which will be located on the right at the end of the cul-de-sac. The property borders a man-made bay located on the southern end of the island, which connects to Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new two story single-family residence on the property, which the applicant received CAMA Minor Permit No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental landscaping. The approximately 249 linear feet of shoreline frontage is currently stabilized by a new timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands consisting primarily of smooth cordgrass (Spartina altemiflora), measuring approximately 30' in width. Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is approximately 15' in width. The applicant also currently maintains an existing private docking facility within the bay. An existing access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20' in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift, measuring approximately 13' in length by 13' in width located on the southern side of the existing floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets 1 through 5 of 5). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel. The existing floating dock and boatlift would be entirely removed and replaced with a new floating dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on the most southern side of the proposed floating dock. The proposed new floating dock and boatlift would provide docking space for up to four (4) vessels. The application states that the existing water depth in the area of the proposed docking structures would be approximately -6.0' at normal low water (NLW) (See Sheets 1 through 5 of 5). Robert Barnhill Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking structures. The proposed structure would extend approximately 66' into a waterbody, which measures approximately 330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington 1. Primary Applicant) Landowner Information Business Name _ - - Project Name (if applicable) - - - Applicant 1: First Name MI Last Name/I/)�.y 0 vlhu^/ /I l Applicant 2: First Name MI Last Name It additional applicants, please attach an additional pages) with names listed. Mailing Address 1, / j(� SiISOY! CIUl1'. D&- PO Box City 1(q &wr State M6, ZIP ✓fin �/ III�J Co'utn6y V1fN Phone No. - ext. 0 1,101f FAX No. - Street Address (it different from above) City - State ZIP Email - Z. Agent/Contractor Information Business Name - -5 C.U►tglMetTUhS G. Agend Contractor 1: -First Name/ Last Name Agent) Contractor 2: First Name MI Last Name Mailing Address PO Box Re City A9b1`1301U9INV4 State �C ZIP _ . ,: Phone No t <. , ,_ :. y / ext. Phone No. _2_. - ezt. FAX No. `?ID- -Id 3v1 Contractor # Street Address (if different froabove) City - State 71Pm Email <Form continues on back> DCM WILMINGTON, NC JAN 1 4 2013 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit ' 3. Project Location County (ran be multiple) Street Address State Rd. It N 1 :5716 pae t Subdivision Name City Slate Zip 14 l✓Y1w►iri qah C_ B�lll Phone No. lot No.(s) (it many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Nam d of water nearest to proposed project - y I entified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ads OUnknown Ifffm -L GG work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the. proposed NO work fails within.. lli111 /`l 4. Site Description a. Total length of shoreline on the tract (ft.) ^ b. Size Of entire tract Isq.ft.) Li/ $6 8 a Size of individual lolls) S6� ,r _ _ d. Approximate elev atiot of tract above NHW (normal high water) or NWL (normal water vel) 4� ' (If many lot sizes, please attach additional page with a list) NWW or QNWL / e. vegetation on tract I. Man-%madefeatures and uses now on tract o5vf311Gt5 g. identify and describe the existing land uses a i cent to the proposed project site. �L'jli9G'rV1/rl h. How does local government zone the tract? I. Iythe oposed project consistent with the applicable zoning? (oning compliance certificate. if appli ble) (:]No []NA J. Is theproposedactivity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been donefor the tract? If yes, attach a copy. QYes o. (]NA If yes, by whom?: s the oposed project located in a National Registered Historic District or does it involve. a ❑Yes o ONA . rNationpall Register listed or eligible property? cForm continues on next page>, . RECEIVED DCMWILMINGTON, NC i RIJ 1 4 9913 Major Development permit m. (1) Are therewetlands on the site? es []No (it) Are there coastal wetlands on the site? _ •OOJY/es ❑NNoo (ill) If yes to either (1) or (it) above, has a delineation been conducted? - ❑Yes p7NO - (Attach documentation, if available) - n. Describe existing wastewater treatment facilities. - o. Describe' existing drinking water supply source. 4'0*MU*1EJ p. Describe existing storm water management or treatment systems. „ vl 5. Activities and Impacts a W 1F'tNayfdje " be for cammercrai, putilicror private lose? "OoMmeroir = PubllrJGovernmenl`'' "' - - _ rivatel6ewerwrtiFq b. Give a brief description of purpose use, and dailyoperalions of the protect when complete., of c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equtpmenl and where it is to be stored. - �h'1.Cumrrvn� #i )4n - U, 161 3'AVell vz7 slti�. St a RECEIVED TON NO 0orin continues on back> AGM WILMIN - IAN 1 4 2D13 Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items fe) -. (!J are always applicable to any major development aptillcatfdn. Please consult the application instruction booklet on how to property prepare the required Items below. a. A project narrative. b. An accurate: dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish `oatwee,ntvdrn taorrt(aetdu'arkrpiroposdu. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties, a. The appropriate application fee. Check or money order made payable to DENR. E 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 bycenifiedmail. 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 N. m—zpio Phone No. nyl_ qjV-,7 �VJ11 Address / kw r&A li I*I K,:gv) !C6�C—`— PhoneName AddressIJUIX06L1 4/)"21tt". Name No.QI I� yC�1/7 Phone No. Address - J g. A list of previous stale or federal permits issued for work on the project tract. include permit numbers. permittee, and issuing dates. 44-MA �P do671 �sulttil S/�/ta �irwl�l�✓%)iu I h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. t.:_ AAIm1ed AFG. hazard nnl¢afjvnmiork in k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1d0), if necessaryif the project involves expenditure of public funds or use of public lands, adach,a statement -documenting :compbance with the Norlh Carolina Environmental Policy Act, I understand that any permit issued in response to this application will allow only the development described to the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter tan the aforementioned lands in connection with evaluating information related to this permit application and follow -pp mdnitoiing of the grdject. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name f=cl�Nyr✓ Signature iW Please indicate application attachments pertaining to:your proposed project: . ❑DCM MP-2 Excavation and fill Information ❑DCM MP-6 Bridges and Culvert 09CM MP-3 Upland Development RECEIVED N(DCM MP-4 Structures Information DCM W!LMINGTON, (\IC JAN142013 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 FACILITYJMARINA CHARACTERISTICS a. (i) is the docking facilitylmadna: ❑commercial ❑Public/Govemment rivatelGowmuMtp a. (1) Oock(s) and/or piers) (if) Number 99V LU (iii) Length (iv) Width (v) Floating Dyes MNo e. (i) Are Platforms included? Wes ONO If yes (ii) Number (iv) Length / ' j rfJ( l IG� (iv)Width 1S�ft7�j (v) Floating Dyes N Note: Rooted areas are Calculated from dnpline dimensions. g. (i) Number of slips proposed I (ii) Numtier of slips existing ❑This section not epplica, b. (i) Will the faci' y be open to the general public? Dyes o d. (i) Are Finger Piers included? es ONO If yes: (it) Number (iii) Length (iv) Width (v) Floating es ONO t. (i) Are Boatlifts included? as ONO If yes: (ii)Number. (iii)Length �V E (iv) Width h. Check all the types of services to be provided. ❑ Full service. including travel lift and/or rail. repair or maintenance service ❑ Dockage-. fuel, and marine supplies ❑Dockage ('wet slips-) only. number of slips:. ❑ Dry storage: number of boats: ❑ at tamp(s): number of boat ramps: Other, pleaase describe: 69 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). ❑ Q n water: dredging for basin and/or channel ' f gYqob- n water: no dredging required ❑Other, please describe; k. Typical boat length: W m, (i) Will the la ity have tie pilings? ❑Yes No (it) It yes number of de pilings? L (i) Will the faciloe open tothe general public? Dyes RECEIVED DCNI WILMINGTON, NC JAN 1 4 2013 All �2 DOCKING FACItITYIMARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the prop j] office Toilets []Toilets for patrons: Number: ; Location: 0 Showers ❑ Boatholdjng tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater c. Describe the disposaf of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a. (i) Give the location and number of 'No Sewage Discharge's signs proposed. (it) Give the location and number of'Pumpout Available' signs proposed. project. section not appficabli 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 Bushing? RECEIVED I. if this project is an expansion of an existing marina. what types of services are currently provided? DGM WILMINGTON, _NC m.Is the madnaldocking facility proposed within a primary or secondary nursery area? OYes ONo n. Is the marinafdocking facility proposed within or adjacent to any shellfish harvesting area? Oyes ONo o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SR). or other wetlands (W L)? if any boxes are checked, provide the number of square feet affected. OCW _ _ OSAV Oss OWL ONone p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? OYes . ONo if yes. give the name and address of the leaseholder(s), and give the proximity to the lease. - 3. BOATHOUSE (including covered lifts) Vrhis section not applicabr a. (i) Is the boathouse structure(s): OCommercial ❑Public/Government OPrivate/Community (if) Number (iii) Length (iv) Width Note: Roofed areas are calculated from daphne dimensions. , i q, uR0/N (e.g., wood. sheetpile, etc. if a rock groin, use MP•2. Excavation and Fill.l Whis section not applicabr a. (i) Number. (ii) Length (iii) Width 5. BREAKWATER (e.g., wood. sheetpile, etc.) &this section not applicabr a- Length _ —� b. Average distance from NHW. NWL. or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS r 11W This section not applicabl a. Is the structure(s): oCommercial ❑Public/Government OPnvateiCommunity C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present e. .Arc of the swing rRf UIVc"D FEB-0 8 mil b. Number d. Description of buoy (color, inscription. size, anchor. eta) I}CM WILMINGTON, NC JAN 1 4,2013 7. GENERAL a. Proximity ofslruclure(s) to adjacent riparian property lines -ta 5-/ Note: for buoy or mooring piling, use arc of swing including length of vessel. c. Width 33a water body e. O Will nawga net aids be required as a result or the project? .OYes No [jNA (ii) If yes, explain what type and how they will be implemented. a. ID �00 Date Projectt Name - Ed Pppjaj�r+r a Applicant Sig eture b. Proximity of structure(s) to adjacent docking facilities. 70'- as6 d. Water depth at waterward end of structure at NLW or NWL slhbi ❑This section not applicabl IIAL RECEMD FEB 0 8-2013 a; ))CM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 1 4 2013 { I/ F & S Marine Contractors Inc. P. 0 Box 868 Wrightsville Beach, N. C. 28480 Phone/Fax 910-256-3062 10 Tan. 2013 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: efly@msn. com The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a new 10540' floating dock and new boatlift. The proposed facility will accommodate four vessels and is for the applicants' family use. The new structure is within the 15' corridor line setbacks and is 10' closer to shore than the current dock. BECEIVEI) FEB 0 8 2913 RECEIVED DCM WILMINGTON, NC JAN 14 2013 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs 1&)U11#40 sI Rpiw, yak �.%1mtn�ilM/ l�L zByN �sPfOL FsS Marine Contractors, Inc. Complete Marine Construction Services ' For Over jr3337('yearsl CAPT. ED FLYNN -{- DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, / - Boat Lifts, House Pilings, Repairs (��J7 P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly®msn.com I Use r 33o, W4-)Isx B0 3' RECEIVED DCM tNILMINGTON, NC J JAN 14 20Q /o J^ 13 L=w LittFaar�a �b►4 SI �� �1 wy1►j4j9fI7&1) 9161 Z/- -T, d �M C) 4� -G w VV) i F&S Marine Contractors, Inc. Complete Marine Construction Services For O`vjerrr 337(lyears! CAPT. ED FLYNN —}— DURWOOD SYKES Piers, Floating Docks, Pipings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: eflyOmsn.com Jb1� 90'Y/tiX7 4 � .� NICOa €�r. CD m n Y Sl 4 a N� LA t>uar u�oz m ' uidT vie OV3MA1t1B 6� f$i1 ]n ai10Z N Olt 1�G V N g 'ems :l' au r �.� •�� Mtn =�� {p q+ ? m Oo m NO uu � mM 5� • Kuo •n .��.o 9d riu m nS n T ry d n r� �_ y .s N . • t� P y MV JLV\ m p n 9e.$1 9V L S-•N t W' T A � M� p`e` qaq N • � M LYN m 'llD4 2 O� 5 4� 'N z 0 ill RECEIVED RECEIVED DCM WII.MINfTnN, NC JAM 1 4 %0i3 Y 5UPERVI51ON: WFUTER :OM Of .SIGNATURE, e� N 00, WOODEN WALKWAY 9 'ATION AT W 4CK LINE A99 o w LOCATION MAP NOT TO 5CAUE 5URVEY REFERENCE MAP 500K 41 PAGE 238 DEED BOOK 49G4 PAGE 2045 NOTE: TH15 LOT 15 LOCATED IN ZONE5 AE (14) 4 VE (15) COMMUNITY ID d 375347 MAP N 37203178X j DATED: AML 3, 200r BOAT BASIN NHW LINE TABLE LINE LENGTH BEARING L 1 57.90 51 1 °24'29"E L2 71.2 2 SO4° f 7' 12"E L3 34.09 503°37'03 W 14 44 44 I Snq°d 1 -Rr_Nei to j /AT 13 y'rT' Le RECEIVED FEB 0 8 2013 DCM-MHD C7TY 7 RECEIVED dCM WIl MfNGTCN, NC %b T JAN 1 4 2013 L- FSS Marion Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NO 28480 small: efly®msn.com 01-25-'13 14:08 FROM -DENS Wilmington 910-350-2004 T-603 P0002/0003 F-959 Pat McCrory Governor January 25, 2013 N IE R North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director TO: Mark Zeigler WiRO Division of Community Assistance J'H Resources John E. Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave,, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to DoW HM_ge at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: x . _ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED M AV44 � DATE i / Z S / /,? 127 Cardinal Drive Ext., WInnington, NC 28405 Plane: 910-796-72151 FAX: 9104954W Internet: www.naoastalmana0ement.net An Equal oWoduniry 1 Afircna6ve Acton Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 ,,r' RECL-iVED �L-8$..i,f�f y • y.- MEMORANDUM: x% FEB 04 W3 AN TO: TO: Dan Sams District Manager Division of Land Resources nc�t-MHncTr�' FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments/� SIGNED L� — 1 : 1 / DATE J..o z5 )zp 13 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppommaly t Affirmative Action Employer A� l NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 MEMORANDUM: ✓ *ZS VED TO: Debra Benoy ? f ?413 v District Manager Public Water Supply FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, 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. % 1 SIGNE04 � 1GX ( Giiri !% DATE /o�� �3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641nternet: www.nccoastalmana.gement.net An Equal Opportunity \ Affirmative Action Employer AMA �t �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director y93031,7 ? Secretary January 25, 2013 v s MEMORANDUM: e4V:1AM 13 TO: Tim Walton Dept of Administration 0, State Property Office FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: T s agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910395-3964 Internet: www riocoastalmanacement net An Equal Opponuniry \ AKrmative Achm Employer Iloilo 2012010161 FOR REGISTRATION REGISTER OF DEEDS JENNIFER H NACNEISH NEW HANOVER COUNTY. NC 2512 MRR 29 01.35:50 PM BK:5629 PG 29-32 FEE $26.00 K REV STPMP:$3,070.00 INSiRU1EN11 K110161 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 3 l U-) d 1111C S , Parcel #R05207-002-029-000 Prepared by: W. A. Raney, Jr., Attorney at Law, P.O. Box 1049, Wilmington, NC 28402. The preparer has not examined the title to the property described hereinbelow. RETURN TO Return to: $48L&&JtH0DENHINER Brief description for the Index: Lot 51R, Block B, Section 11, Figure Eight island NORTH CAROLINA NEW HANOVER COUNTY RECEIVED DATE: March, 2012 CCM WILMINGTON, NC GRANTOR: FRANK D. GORHAM, M and wife, RAMSAY GORHAM JAN 14 2U 13 ADDRESS: 142 Beach Road South, Wilmington, NC 28411 GRANTEE: PIPERS NECK, LLC, a North Carolina Limited Liability Company ADDRESS: 501 Shady Circle Drive, Rocky Mount, NC 27803 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. rR�t;ii1VED 'FEB 14 2013 RETURN TO SIWEL & RHODENHISFR WITNE.SSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of that certain lot or parcel of land situated in Hamett Township, New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 51R, Block 'B", Section 11, of the property of The Figure Eight Island Company as shown by map thereof recorded in Map Book 41 at Page 238 of the New Hanover County Registry. TOGETHER WITH a right-of-way in common with others over, through or upon streets and walks shown on the above referenced trap, and any and all existing streets and walks providing access to this tract. SUBJECT TO all the terms and conditions contained in Restrictive Covenants recorded by The Figure Fight Island Company in Book 933, at Page 286 of the New Hanover County Registry, reference to which as well as the map hereinabove referred to is hereby made. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4964 at Page 2045, New Hanover County Registry. All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Map Book 41 at Page 238, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid hx or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will wan -ant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: the lien of applicable ad valorem taxes for the current year and subsequent years; easements and restrictions of record; and any low, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property, including existing violations of said laws, ordinances, or regulations; and any public rights to use of the dry sand area of the ocean beach. except that the Grantor does not warrant any portion of the property lying below the mean high water line of tidal waters. RECEIVED DCM WILMINGTON. NC JAN 14 �0'i3 , W WITNESS WHEREOF, the Grantor has duly executed the foregoing a, of the day and year first above written. i e<* n f' G~j rrM (SEAL) Frank D. Gorham, III j ~/lazl lk�f2 (SEAL) Ramsay GOTOM STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, the undersigacd Notary Public of the County of We( onl n-h and State aforesaid, certify that FRANK D. GORHAM, IQ and wife, RAMSAY ORHAM personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notarial stamp or seal, this ) ! day of March, 2012. Ja me i J Notary Public Not s Printed or Typed Name wARXRFAMoRRo5 -vs-NMI km RECOVED RLUI V D DCM WILMINGTON, NC JAN 14 N113 13 2. 3. 5. 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Barnhill LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. Photo Index — 2006: 24-7408, N, 5 2000: 24-311, J, 21 1995: 24-292, L-13 State Plane Coordinates - X: 2373946 Y: 185551 Latitude: 34015'12.27531"N Longitude: 77045'45.29724"W INVESTIGATION TYPE: CAMA ROVER FILE # - 0-011613A INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01 /16/2013 Was Applicant Present — No PROCESSING PROCEDURE: Application Received — 01/14/2013 (Completed) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT (C) Water Depende (D) Intended e: Private (E) Wastewater reatment: Existing — None Planned — NA (F) Type of Structures: Existing — Single-family house, new timber bulkhead, private pier, floating dock and boatlift. -�, Planned — New floating dock and boatl+ft� Sour a -NIA (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 596 sq. ft. Incor orated (C) Other (Highground) A Total Area Disturbed: 596 sq. ft. (0.013 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel Robert Barnhill Page 2 9. PROJECT DESCRIPTION: The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and then take a left onto Pipers Neck Road and continue until you reach the property of interestwhich will be located on the right at the end of the cul-de-sac. The property borders a man-made bay located on the southern end of the island, which connects to Banks Channel and Middle Sound. The applicant is currently in the process of construction of a new two story single-family residence on the property, which the applicant received CAMA Minor Permit No. 12-28 on 08/6/2012 through the New Hanover County Planning and Inspections Department for the authorization. The lot is approximately 0.568 acres in size and averages 9' above normal high water (NHW). Upland vegetation on the property currently consists of wild grasses and ornamental landscaping. The approximately 249 linear feet of shoreline frontage is currently stabilized by a new timber bulkhead, recently authorized under CAMA General Permit No.60671 on 8/15/2012. Located at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands consisting primarily of smooth cordgrass (Spartina altern fora), measuring approximately 30' in width. Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is approximately 15' in width. The applicant also currently maintains an existing private docking facility within the bay. An existing access pier extends into the bay, measuring approximately 28' in length by 6' in width, which then terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 20' in length by 8' in width, which runs perpendicular to the shoreline. There is an existing boatlift, measuring approximately 13' in length by 13' in width located on the southern side of the existing floating dock. The existing docking facility currently accommodates up to two (2) vessels (See Sheets 1 through 5 of 5). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to allow for reconfiguration of an existing docking facility into Banks Channel. The existing floating dock and boatlift would be entirely removed and replaced with a new floating dock, measuring approximately 40' in length by 10' in width, which would now run parallel to the shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on the most southern side of the prop mg oc . Th proposed new floating dock and boatlift FF �L would provide docking space for four (4) vessels. Th application states that the existing water 1�1 depth in the area of the proposed ructures Id be approximately -6.0' at normal low water (NLW) (See Sheets 1 through 5 of 5). Robert Barnhill Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 596 sq. ft. of Estuarine Waters and Pubic Trust Area, essentially within an area currently usurped by the existing docking structures. The proposed structure would extend approximately 66' into a waterbody, which measures approximately 330' across. This distance would conform to both the 1/4 rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Robb Mairs Date: 01/24/2013 Office: Wilmington DCM MP-1 APPLICATION for Major Deaeloint Permit (last rovised 12/27J06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner Information Business Name - Project Name (if applicable) - - - - Applicant 1: First Name MI Last Name ;id 6 Vihll;Il Applicant 2: First Name MI Last Name if additional applicants. please attach an additional page(s) with names listed. Mailing Address Sal5-Anv7 Ciuld Da. PC Box City aak,INnu,�T State X/yC, ZIP Of I D�3 Country WR Phone No. p�S� ext. FAX No_ Street Address (it different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name tA Last Name Agentl Contractor 2: First Name MI Last Name Mailing Address PO Boxg I/l7v/ City 1� N'ro� State SAT/' ZIP _ -. - Phone _No.lf) Phone No, 2 -. . FAX No. qiD-as��3�1 Contractor p Street Address (if different from above) City - State ZIP -- Email ' effyeNA' REGE-iF11-n DCM WILMWGTQN. NC <Form continues on back> JA.N 14 1013 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address _ State Rd. It N� lam- sl , Leta t� Subdivision Name �j6 Ciry G/,lw►rn �, Stale C Zip S'fl/ Phone No. Lot No.(s) (itmany, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of bod of water nearest to proposed project - C. Is twwater y i entiried in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ade ❑unknown e. Is sed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es [:)No r worrk1k falls within. IrL/, lintlY1C' I ' j 4. Site Description a. Total length of shoreline on the tract (ft.) ^ b. Size of entire tract (sq.ft.) G_T/ s(i O &Ad(J c. Size of individual lot(s) t d. Approximate elevatiop of tract above NHW (normal high water) or NWL (normal water vel) 4J# (It many lot sizes, please attach additional page with a list) NHW or ❑NW L e. Vegetation �on�tract s t' */ I. Man-made features and uses now on tract 5 1� 16tiliI 205405WL5 g. Identify and describe the existing land uses adjacent to the proposed project site. %2L'f/d�19� h. How as local government zone the tract? i. Is the roposed project consistent with the applicable zoning? (Alt In zoning compliance certificate. its ble) Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Hasa professional archaeological assessment been donefor the tract? 11 yes, attach a copy. ❑Yes - o (]NA If yes, by whom? - I. Is the project located in a National Registered Historic District or does It involve a ❑Yes o ❑NA National Register listed or eligible property? <Form continues on next page>.. RECENED DCMWILMINGTCN, NC ���1 4 `1013 E Major Development Permit On. (1) Are there wetlands on the site? ❑No (11) Are there coastal wetlands on the site? _ Yes ,❑NNOO (ill) If yes to either (1) or (II) above, has a delineation been conducted? (:)yesp o (Attach documentation, It available) n. Describe existing wastewater treatment facilities. S►y sL��sysr� o. Describe existing drinking water supply source. o lie iK p. Describe existing storm water management or treatment systems. noAte h OrF S. Activities and Impacts "a.`. rN'tlfe pibf6 -6e for coitime vial; puFiffcrUr•(iHvaTe use?` °- ' - inmerciaG ' Publir'JGovernment .. rivatel6ern01%W." - b. Give a brief description oflpurpos� use, and daiI pera(ions of the project when complete. � r� AM " �J �oL/tr� �G�l/r� {v,L f�nf/L> �NrwYly 12tn/nt� c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. rwt.!,GuKn'r Gnvn #tint 14 J 076-, 7b oe 7A"eT d. LW all development activities you propose.. - - - TZc Ac �'7onple Pm AvX,,ie�V NL /b Ad - - a. Are the proposed activities maintenance of an existing project, new work. or both?. t ," Ivew I. What is the approximate total disturbed land area resulting from the proposed project? O — ❑Sq.FI or OAcres g. Will the proposed project that the public has established encroach on any public easement, public accessway or other area ❑Yes WNo use of? ONA h. Describe location and type of existing and proposed discharges to waters of the state. Nbu� I. Will wastewater or stormwater be discharged Into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes LJFNo ❑Yes ❑N ❑NA - ❑NA I. -It thatis any mill4stion proposed?' - If yes, attach a mitigation proposal. - - -- RECEIVED <Form continues on back> DGM WILMINGTON, NC JAN 1 4 2013 . Major Development Permit 6. Additional Information In addition to this canpleted application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (Q are always applicable to any ma/or development application. Please consult.the application - - instruction booklet on flow 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 "obtaaerradrn corn{neMrrarkrproposdu. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims floe to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail, Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name /� )O ZA/ / �Ls�, �j/ Phone No. irk pJIV-17V I q Address(l'7 'P)P )1W . LO I/*J { � ;7gyj J G 7 3 q .J Name L�LL�f C�dr/<�/,��f /9- f—t,'F� PhoneNo.q/n_G./-'b// Address l/15'Ul�'l�dLjlr'r - Vdi'21% w LL+_,{!�/L / CJ O Name - �/y Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers. pennitlee, and issuing dates. eifi iq &P ad64`71 -1-sufy ahria-6Wµ1'XP4UO1i;D h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. i._.Atinngd AFr:.ha>arn:r»drwfnr. nminrtc in nrcan[rnnr.arirtitIp! ?:aac.e!! .---•-----.r=-^- - -^- k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure of puW funds or use of. public lands. attadi a statement,documenting compliance ygth the.Norlh Gazolma Environmemal Policy 7: Cart/ficationand Perrnission to inter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands, in connection with evaluating information related to this permit application and follow-up Monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date & :�irrt. 01013 { Print Name ��ut/r✓ Signature Please indicate application attachments pertaining to yourproposed project: ❑DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts YM MP-3 Upland Development RECEIVED M MP-4 Structures Information DCM WILMINGTON, NC JAN 1 4 2013 - Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the docking facilitylmarinw ❑Commercial ❑Public/Govemment V dvatelCowmually c. (1) Dock(s) and/or pier(s) (A) Number (iii)Length / (iv) Width 461 J/ (v) Floating ❑Yes O/No / e. (I) Are Platforms included? Wes ONO If yes: (if) Number n (iii) Length I/�• (iv)Width L Cyls>r� (v) Floating OYes Note: Rooted areas are calculated from dripline dimensions. g. (i) Number of slips proposed (it) Number of slips existing is Check the proposed type of siting: ❑ Land cut and access Channel ❑ water; dredging for basin and/or channel n water; no dredging required ❑Other, please describe: k. Typical boat length: in. (I) Will the fa ity have tie pilings? ❑Yes No (ii) If yes number of be pilings? ❑This section not applicar b. (i) Will the faci' y be open to the general public? ❑Yes o d. (i) Are Finger Piers included? Ves ONO If yes: (ii) Number _T (fii) Length (iv) Width tos (v) Floating ❑NO f. (i) Are Boatlills included? p�'es ONO If yes: (ii) Number r V (iii) Length -1 Qv) Width 11— h, Check all the types of services to be provided. ❑ Full service. including travel lift and/or rail, repair or maintenance service ❑ Dockage. fuel, and marine supplies ❑ Dockage rwet slips) only, number of slips: _ ❑ Dry storage; number of boats: ❑ at tamp(s): number of boat ramps: Other, please describe: fO d j. Describe the typical boats to be served (e.g., open runabout. charter boats. sail) boats... mixed types). OAM et I. (i) Will the facikl a open to the general public? ❑Yes o RECEIVED DCM WILMINGTON, NC JAN 14 2013 Z DOCKING FACILITY/MARINA OPERATIONS ' L / J IVAis section not applicabit a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons: Number. ._ location: ❑ Showers ❑ 9oatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of `No Sewage Discharge' signs proposed. (Il) Give the location and number of 'Pumpoul 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 safely measures planned to protect area water quality. j. What will be the marina policy. on overnight and live -aboard dockage? Jr. Describe design measures that promote boat basin flushing 1 RECEIVED I. If this project is an expansion of an existing marina. what types of services are currently provided? DCM WILMINGTON,.NC m. is the marinaldocking facility proposed within a primary or secondary nursery area? OYes ONo M. is the mannaidocking facility proposed within or adjacent to any shellfish harvesting area? Oyes ONO o. is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (Sit), or other wetlands (W L)? If any boxes ere checked, provide the number of square feet affected. OCW OSAV OSS _ OWL QNone p. Is the proposed marinatdoclung facility located within at within close proximity to any shellfish leases? OYes ONO it yes,.give the name and address of the leaseholder(s), and givethe proximity to the tease. 3. BOATHOUSE (including covered lifts) a. (i) Is the boathouse structure(s): OCommercial ❑PubliciGovernment OPrivatelCommunity (ii). Number fill)Length (w) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. if a rock groin, use MP 2, Excavation and Fill.) a. (i) Number T (ii) length (iii) Width 3. BREAKWATER (e.g., wood, sheetpile, etc a. Length b. Average distance from NHW. NWL, or wetlands C. Maximum distance beyond NHW. NWL or wetlands section not applicabr section not applicabr YThis section not applicabr 6 MOORING PILINGS and BUOYS IZThis section not applicabr a. IS the structure(s): b. Number []Commercial OPubliciGovemment ❑PnvatelCommunity C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor. etc.) Note: This should be measured from marsh edge. if present RECEIVED e. .ArcotthesMng DCM WILMINGTON,.NC JAN 1.4 2013 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines fa J / Note: For buoy or mooring piling.use arc of swing including length of vessel c. � 3 of water yater body e. (i) Will naviga net aids be required as a result of the project? ❑Yes J ONA (ii) If yes, explain what type and how they will be implemented. ID ;b1J_ Date b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL ❑This section not applicabl RECEIVED DCM WILMINGTON, NC 1AN 1 4 2013 { F d .5 Marine Contractors, Inc. P. O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-Z56-3062 10 Tan. 2013 NCDENR Wilmington, N.C. Capt. Ed Flynn Durwood Sykes email: eflytDmsn. com The enclosed CAMA Major Permit application for Mr. Rob Barnhill, 51 Pipers Neck Rd., Wilmington, N.C. 28411 is to redeck an existing fixed pier, install a new 10'x40' floating dock and new boatlift. The proposed facility will accommodate four vessels and is for the applicants' family use. The new structure is within the 15' corridor line setbacks and is 10, closer to shore than the current dock. RECEIVED DCM WILMINGTON, NC JAN 14 2013 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs sI f 16 IVA (�i1min�rl7rhl g %l�jL I q] sc�P z SGPc �$p°aL FaS Marine Contractors, Inc. Complete Marine Construction Services For Over 337(`years! CAPT. ED FLYNN —}- DURWOOD SYKES Piers, Floating Docks, Pipings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: e8y®msn.com r 6 1 sUP� Nlw -lv*Faow' 11141 0#f6Fr r 330, U%4iL'n IB°/ A /.1' RECEIVED DCM WILMINGTON, NC )AN 1 4 2013 !o JOAl1 L-'tom ��S SCU/0)tJ I))0'b,/ a z r— wwa z .+ 0 M z 0 VV, 11 FB,S Marine Contraetors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box $68 Phone/Fax: (910) 256-3D62 Wrightsville Beach, NC 28480 email: efly@msn.com � Yaw PA �gYl/ worwrN 191 MF N'Nt W'Al UJOAM 11L LOT 49RMB41 PG PG5 G24 DEED UOOK 4]p2 PAGc5a5 \ TO MASON5 CKV4NE, EBB FIOOD� 5.02 G G` 9.%ie 5 "' y�-I; 521 80AT BASIN wv G / vs2 N vB D.A9 G ?p, 12 G WOO •TRAY OEN WAL Wy 10.43 b �• 5.3 i DIN W ?GS 10.66 a •G]2 /�LI9 5 4.9 G 9. 12. I 12 CEDAR \ .979 39 i.SJ. G 4•I `�ry eLL 9 s.14 `p 'I• .It 9.39 • tl. I� p]8 `J.42 G G40 O1V CFI 935 G • l� • t' 9.61 � • G-32 Q. • G� 5.1 t � n Z Gzs c e.3C' p 0 �!6 11 3� G TERMINUS OF RIW dj 8.18 ry0 $ •Ca G 4. • G. 13 MLR F . ODA! ' T JI[9tPAVW EI �.52 e.5; e.16�MSMLPNAwe sqy s G J PGG §G IO Pu•IE G5G G• J �p U' OO- 5.17 sr w 08 G 6.78 G • 91, 50. S. it FLOW ZO / HSe ITAI 622 9D°"DA" �4° /o onl3 5d W71.11 %32G VMa m:x J- U vrlhr,�,l/ Y5UPIRV151ON: N )MPUTER, DM W [ Y5 Of .SIGNATURE, �yd° 3� .4� r m � NW LOCATION MAP R\ m NOT TO SCAB T \� �� SURVEY REFERENCE q UO MAP BOOK 4 I PAGE 238 �i tiS DEED BOOK 4964 PAGE 2045 F 'U e0 0y NOTE: TH15 LOT 15 LOCATED OQ lk IN ZONES AE (14) t VE (15) j \ COMMUNITY ID 375347 f MAP / 37203178W800 j DATED: APR1L 3, 2006 a z m r zm 0m z® �N 00, WOODEN WALKWAY 0 -r s� 'ATION AT ,\CK LINE BOAT 13A51 N NHW LINE TABLE LINE LENGTH I BEARING L 1 57.90 S 1 1024'29"E L2 71.22 504° 1 7' 1 2"E L3 34.09 503037'03°W 14 4�k 44 S(l9'4 I'4C4A/ y�� "v �0�dxk. t a RECEIVED DCM WILMINGTON, NC /b-f1 JAN 14 10i3 G /3 F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years) CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 small: efiy®msn.com Recommendations for State Permit — Robert Barnhill The total area of floating dock and platform was calculated as follows: Shoreline length = 249' x 8 sq. ft. = 1,992.4 sq. ft. allowable Proposed floating dock = 40' x10'= 400 sq. ft. Existing uncovered platform = 16' x 16' = 256 sq. ft. Total = 666 sq. ft. 01 /24/213 The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the %width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permiftee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED JAN 3 0 2013 DCtYi-MIM C'.TY Howell, Jonathan From: Timpy, David L SAW [David.L.Timpy@usace.army.mill Sent: Tuesday, February 05, 2013 3:40 PM To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Subject: Robert Barnill, SAW-2013-00240, CAMA Major App, GP56 Reference the application submitted by Robert Barnhill to reconfigure an existing private docking facility at 51 Pipers Neck Rd, adjacent to Banks Channel, Figure 8 Island, in New Hanover County, North Carolina. Based on the referenced application, the proposed docking facility reconfiguration meets the terms and conditions of GP197800056 (Docks and Walkways, GP56) provided the applicant obtains the required CAMA permit and complies with the terms and conditions of the CWA Section 401 Water Quality Certification for this general permit and obtains a CAMA permit for this activity. Thus, we have no objections to the project as proposed. The assigned Action ID for this project is SAW-2013-00240. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.army.mil/survey.html to complete the survey online. 1 �1 �d1 j_o08i�i�i/.s J �/ JAN 2 "13 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 25, 2013 MEMORANDUM: TO: Chad Coburn 401 Wetlands DWQ - Wilmington r<r_CC1vFo -.i 1 8 2013 FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New Hanover County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Hu_ggett at the address above by February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. ec lgkC t r em r:�� //5//3 c,c_C_ 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 SIGNED F, DATE oZ Z_�,2O% 3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.noroastaimanaaement.net An Equal Opporamily 1 Aflinnative Action Employer North Carolina Pat McCrory Governor Mr. Robert Barnhill 501 Shady Circle Drive Rocky Mount NC 27803 do;A OWEEN Department of Environment and Division of Water Quality Charles Wakild, P. E. Director February 13, 2013 Natural Resources John E. Skvaria, III Secretary DWQ Project # 13-0088 New Hanover County RECEIVED Subject Property: 51 Pipers Neck Road — Figure Eight Island F E 18 Z013 NO WRITTEN CONCURRENCE NEEDED Dear Mr. Barnhill, You have our approval, in accordance with the attached conditions and those listed below, to reconfigure an existing docking facility as described within your application received by the DWQ on January 30, 2013. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Numbers 3883 (GC3883) are met. These certifications may also be viewed on our website at http://portal.ncdenr.org/web/wg/swp/ws/401/certs4adMrmits. This Certification allows you to use the Regional General # 197800056 Permit when issued by the US Army Corps of Engineers. This approval is only valid for the purpose and design that is described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit VoCarolinaOne 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 5 -8 N. Salisbury St. R9-807- North Carolina r S604 uNallpPlane:919$07�3001FAX:919�07-64941CustomerService:l$77$23-6740 Internet: w .ncwaterquality.org 2 Robert Barnhill New Hanover County 2013-0088 conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins at (919) 807-6300 or myself at our Wilmington Regional Office at (910) 796-7215. Sincerelya,z ae'— Chad Coburn Senior Environmental Specialist gg1 F� �?! 't@1� � k' 9 .f f a.e �b Enclosures: GC 3883 Certificate of Completion cc: Ed Flynn — F&S Marine Contractors, Inc., P.O. Box 868, Wrightsville Beach, NC 28480 Dave Timpy — USACE Wilmington Field Office Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial p Quality Rules, the approved plans and specifications, compliance and intent of the 401 Water uah Certification and Buffer , and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date Water Quality Certification No. 3883 Water Quality Certification Number 3883 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 02H .0500 and 15 NCAC 02B .0200 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 71 19, 20, 22, 25, 30, 32, and 36) and Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 026 .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division" ): a. Impacts equal to or greater than 40 linear feet of additional permanent stream impact (including stream relocations) at an existing stream impact location; or b. Temporary or permanent impacts equal to or greater than one -tenth (1110) of an acre of wetlands, or c. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H 1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200), or d Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT' from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division is required. Water Quality Certification No 3883 Water Quality Certification No. 3883 Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices and if applicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. Water Quality Certification No. 3883 Water Quality Certification No. 3883 4. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at htti)://Portal.ncdenr.or-q/web/wo/ws/su/npdessw#tab . The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Work in the Dry All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 6. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 7. Riparian Area Protection Rules (Buffer Rules) Activities located in the protected riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. Water Quality Certification No. 3883 Water Quality Certification No. 3883 8. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert. If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity of water movement and be _ designed to.adequately_accommodate high water or flood conditions. _Additionally, -when roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 10. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Water Quality Certification No. 3883 Water Quality Certification No. 3883 11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means (grassed swales, pre- formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of Stormwater Best Management Practices. Exceptions to this condition require written approval by the Division. 12. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. 13. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 14, All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. 15. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 16. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 17, A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas including riparian buffers, but is restricted to no closer than 10 feet from top of bank of streams. Any fertilizer application must comply with all other Federal, State and Local regulations. Water Quality Certification No. 3883 Water Quality Certification No. 3883 18. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 19. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 20. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. The applicant/permittee 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, then the Division may reevaluate and modify this General Water Quality Certification. 22. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 23. Additional site -specific conditions, including monitoring. and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. 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. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Water Quality Certification No. 3883 Water Quality Certification No. 3883 Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By X-2? e 4,/- Charles Wakild, P.E. Director History Note: Water Quality Certification (WQC) Number 3883 issued March 19, 2012 replaces WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC Number 3494 issued December 31, 2004; and WQC Number 3376 issued March 18, 2002. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3883 7 4� fMIRK North Carolina Department of Environment and Na ural Division of Coastal Management at McCrory Braxton C. Davis Governor Director January 25, 2013 MEMORANDUM: TO: Jessi Baker COD Division of Marine Fisheries JAN 3 0 2013 John E. Skvarla, III Secretary FEB L8 2013 FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review E-MAILED Cflllq Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel, Figure 8 Island, New. Hanover -County Proposed Project: to reconfigure the existing private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doua Huaaett at the address above by -February 18, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, 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 9()�CQ t✓ DATE 127 Cardinal Drive EA., Wilmington, NC 26405 Phone: 910.796.72151 FAX: 910.395-3964Internet: vnvw.neocastalmanaaement.net An Equal opportunity\ Alfim,aliva Action Empla/er V MAJOR PERMIT FEE SCHEDULE 3 Rob Barnhill / $250 / New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 11. Public or commercial development that does -17771 not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water qualityor aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd or o en water areas: $475 60% $285 40% $190 RECEIVED JAN 3 0 2013 DCM-MHD CITY 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 an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on January 14, 2013. According to said application, Robert Barnhill proposes to modify the existing docking facility at 51 Pipers Neck Rd., adjacent to Banks Channel, on Figure 8 Island, New Hanover County. A copy of this entire application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-74215) 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 February 18, 2013, 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 this matter will be provided upon written request. RECEIVED JAN 3 0 M3 A& I�CDE�IR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director January 25, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Barnhill Major Public Notice John E. Skvarla, III Secretary Kyle & Heather: Please publish the attached Notice in the Monday, January 28, 2013 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker RECEIVED .IAN 3 0 2013 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastaimanagement.net DP!b1-?v111D CITY An Equai Opportunity\ At !native Acton Employer N 1F R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director January 24, 2013 Ed Flynn c/o F & S Marine Contractors, Inc. P.O. Box 868 Wrightsville Beach, North Carolina 28480 Dear Mr. Flynn: John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. Robert Barnhill, for State approval for proposed development located at 51 Pipers Neck Road, adjacent to Banks Channel, in New Hanover County. It was received as complete on January 14, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 30, 2013. 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 January 14, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sin— �i Robb L. Mairs Field Representative cc: Doug Huggett, DCM Dave Timpy, USACE Christine Bouffard, LPO RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151FAX: 910-395-39641ntemet: www.nccoastalmanagement.net JAN 3 0 2013 DCM-MHD CITY An Equal opportunity 1 Affirmative Action Employer NOTI(ol$170A Allo- 4LYY'1 iS,u £lol 0 9 or GaMm LAMA PERMIT APPLIES FOR PROJECT: 1 COMMENTS ACCEPTED THROUGH _Februa 1& 2013 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7215 1111111111111 2012010161 FOR REGISTRATION REG15TER OF GEES JENNrFER H eACNEISH NEW HA14OVER COUNTY, NC 2012 MR 29 01:35.50 PM BK 5629 PG 29-32 FEE $26.00 IC REV STPO ..070.00 INS PMEN1 I NINIAI NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 3101 Q , B CIC S I Parcel#R05207-002-029-000 Prepared by: W. A. Raney, Jr-, Attorney at Law, P.O. Box 1049, Wilmington, NC 28402. The preparer has not examined the ti a to the property described hereinbelow. RETUTO Return to: 0lIW I.&RHODENHISER Brief description for the Index: Lot 51R, Block B. Section 11, Figure Eight Leland NORTH CAROLINA NEW HANOVER COUNTY DATE: March, 2012 RECEIVED DCM WILMINGTON, NC GRANTOR: FRANK D. GORHAM, [Hand wife, RAMSAY GORHAM JAN 14 203 ADDRESS: 142 Beach Road South, Wilmington, NC 29411 GRANTEE: PIPERS NECK, LLC, a North Carolina Limited Liability Company ADDRESS: 501 Shady Circle Drive, Rocky Mount, NC 27803 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. RZTTM TO SIEGEL & RHODENHISER JAN 9 0 2013 DCM-MHD CITY �' C ,: WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of that certain lot or parcel of land situated in Hamett Township, New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 51R, Block 'B", Section 11, of the property of The Figure Eight Island Company as shown by map thereof recorded in Map Book 41 at Page 238 of the New Hanover County Registry. TOGETHER WITH a right-of-way in common with others over. through or upon streets and walks shown on the above referenced reap, and any and all existing streets and walks providing access to this tract. SUBJECT TO all the temts and conditions contained in Restrictive Covenants recorded by The Figure Fight Island Company in Book 933, at Page 286 of the New Hanover County Registry, reference to which as well as the map hereinabove referred to is hereby made. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4964 at Page 2045, New Ilanover County Registry. All or a portion of the property herein conveyed _ includes or Y dots not include the primary residence of a Grantor. _ A map showing the above described property is recorded in Map Book 41 at Page 238, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: the lien of applicable ad valorem taxes for the current year and subsequent years; easements and restrictions of record: and any lam, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, subdivision, occupancy, use, construction, or development of the subject property, including existing violations of said laws, ordinandsand area of the ocean beach; except ances, or regulations; aany public rights to use of the dry that the Grantor does not warrant any portion of the property lying below the mean high water line of tidal waters. RECEIVED RECEIVED DCM WILMINGTON, NC 6 0 2013 JAN 14 2613 DCM-MHD CITY cjd CoArl is I" I,:UP :It tj". I INQ VITZ: 611. Am: 1 1 �l A IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) Frank D. Gorharn, 111 (SEAL) Ramsay G STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, the widersigncd Notary Public of the County of _ Wf [ 1 it A and State aforesaid, certify that FRANK D. GORHAM, ID and wife, RAMS" 4tiORHAM personally appeared before me this day and acknowledged the duc execution of the foregoing instrument for the purposes therein expressed. h1y WITNESS my hand and Notarial stamp or seal, this � a day of March, 2012. _. ' NotaryPublic � y,`Tt°4 kJ111(4 FEE- NotsOls Printed or Typed Name RECEIVED JAN 3 0 2013 D' M-YIID CITY wNtetenusanluaw-cos-t(xi KM RECEIVED DCM WILMINGTON, NC JAN 14 2i 113 f' •l� �, � f.. ?���v. ' � T'' x. ,��i - �i, _... f. � � , i . ; i .. �S' 1 .. ,. .. � � .. APR-14-2010 M52 Fram: To:9102563062 P.1 1 !aC lt- R North Carolina opartfnent of Environment and Natural Resources Division of Coastal Management pee Freeman James H. Gregw secretary Beverly Eaves Perdue Director Govemor ?.O EN7_OR17ATION FORM Data, ��. 2U/a Namof Propoll /owner Applying for Permit. Owner's Maillry Addrass 5-'01 �Ijhlu Phone Number Nam of Authorized Agent for this project 2P Agent's MallingAddreaw -' P.O.flootQbfi Phone Number I certify that I have authorized tha agent listed above to act on my beha;f, for the purpose of applying for a0g ot4ainA ail CAMA Permits necessary to install or construct the following OcUvllyl (my Property tocalod) at This certification is valid thru (dale) property owner Signature Rafe RECEIVED .IAN 3 0 2013 1Z7 Udnd D61i F,n., Wilmington, NG ?go vww d)W 'r4 pry,e gtp•79e 7176%FA% 9*39$364 ln"* ..._. �.aH t urrnfl.o h4Wn a,aeor« RECEIVED DCM WILMINGTON, NC JAN 14 2013 W 11 aurally r J� F & S Marine Contractors, Inc. P. O Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax 910-256-3062 SENDER: COMPLETE THIS SECTION COMPLETE THrS ■ Complete items 1, 2, and 3. Also complete Item 4 if Restrict■ Print your name andDaddressson the i�'verse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: YI) �✓y1�l�fT� n� a8yl� 2. Article Number (transfer from service label) o'q PS Form 3811, February 200,1111111111111111111111111 1bL,ic Return Receipt ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artiale.Addressed to: 1�N�n6� X�P; 2 � ? Article Number 0 (transfer lrom seMce labs r PS Form 3811, February 2004 l RECT F E B 2 0 2013 Capt. Ed Flynn Durwood Sykes email: eflyemsn, com A. Sig9 re X ` ❑ Agent Address B. elvetl by (Pdmed ame) C. Date of DelNsry D. Is delivery address diflerem�fmm tm 1 If YES, enter delivery addr. below: ❑ No v = D DCM WILMINGTON, NC q 3. eryG Type Certified Mail ❑ Express Mail 11 Registered 0 Return Receipt for Memhendo ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes I&I 41�lo 102595-02-M-15J0 A.SI 'Lt(�fkiLJ ❑ Ag ent X ❑ Addre B. �lecelvetl by (Pd led Name) V'�LICtE �1(Q\� C. ate of Dell rI Ly D. Is delivery aedrdd asaq,..di((eftt 6iiph -0 yes 40", N�No 6)• �cy� RECEIVED FEB 2 6 2013 DC.rt-f-D,fIID CITY may FEB 2 0 2013 Years Repairs 3. ce Type Cerlfled Mall ❑ Express Mail ❑ Registered 0 turn Receipt ra Madre dbe -, 'V E D ❑Insured Mall ❑C.O.D, -)CM WILMINGTON, NC 4. Restricted ;;ery? (Extra Fee) ❑ Yes �a FEB 2 0 203 Domestic Return Receipt 1e2595-02•M•1510