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HomeMy WebLinkAbout129-13 Pollock, RhettClass Permit Number 129-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 to Rhett Pollock,1900 Scotts Hill Loop Road, Wilmington, NC 28411 sizing development in Pender County at adi. Futch Creek at 1900 Scotts Hill Loop in Wihnington as requested in the permittee's application dated 9/10/13. including Elie both dated mit, issued on December 2 2013 , is subject to compliance with the application (where consistent permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may cfto fines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation In order to protect juvenile shrimp and fmfish populations, no excavation shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. In accordance with commitments made by the permittee, no excavation shall occur within 10' feet of any Submerged Aquatic Vegetation or within 5' feet of any Coastal Wetlands. (See attached sheets fok Additional Conditions) tit action may be appealed by the permittee or ed persons within twenty (20) days of the issuing peal requires resolution prior to work initiation or as the case may be. must be accessible on -site to Department the project is inspected for compliance. intenance work or project modification not covered requires further Division approval. must cease when the permit expires on 31, 2016 this permit, the State of North Carolina agrees ject is consistent with the North Carolina Coastal Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. C P yz - Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pollock ADDITIONAL, CONDITIONS Permit # 129-13 Page 2 of 3 Excavation shall not exceed —5.0 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. No excavation shall take place outside the areas indicated on the attached workplan drawings. The temporary placement or doubling handling of excavated materials within waters or vegetated wetlands is not authorized. Spoil Disposal All excavated materials shall be confined above normal water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. , No spoil material is to be placed within 30 feet of the normal high water line. The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Any change in the spoil disposal area shall require additional authorization from the Division of Coastal Management. Sedimentation and Erosion Control In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. General No vegetated wetlands or open water areas shall be excavated or filled outside the area indicated on the attached workplan drawings. `This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. -The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. )tliett Pollock Permit # 129-13 Page 3 of 3 ADDITIONAL CONDITIONS )TE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. DTEi Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 'E: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2013 1047. FE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW 2013-00025 t.. 9CM MP-1 APPLICATION for SEP 3 0 2013 Major Development Permit DCMA MCITY (last revised 12127106) North Carolina DMSION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name Cif applicable) N/A Pollock Dredging Applicant 1: First Name MI Last Name Rhett Pollock Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1900 Scotts Hill Loop Road Wilmington NC ZIP Country Phone No. FAX No. 28411 us 910-297-0160 aid. - - Street Address (AdWerent from above) city State ZIP Same Email rhettpolloc k@gmail.com 2. Agent/Contractor Information Business Name Chad Kimes, P.E., (Engineer/Consultant) Agent/ Contractor 1: First Name Chad MI Last Name Kimes Agent/ Contractor 2: First Name MI Last Name Mailing Address 104 Newton Road PO Box City Hampstead State NC ZIP 28443 Phone No. 1 910 - 470 - 4494 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (ddfierent from above) City State ZIP Email dckimes@charter.net <Form continues on back> RECEIVED DCM WILMINGTON, NC SEP 1 6 2013 252-808-2808 :: 1.888-4RCOAST :: www. nccoasta lmanag ement. net Form DCM MP-1 (Page 2 of 5) APPLICATION for RECEIVED Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pander 1900 Scotts Hill Loop Road TimmSR 1571 Subdivision Name City State Zip NIA Wilmington NC 2844 - Phone No. Lot No.(s) (if many, attach additional page with list) NIA - ext. 6, a. In which NC Over basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Futch Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. ®Natural ®Manmade []Unknown ICW e. Is proposed work within city limits or planning jurisdiction? C If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Pender County A Site Description a. Total length of shoreline on the tract (@.) b. Size of entire tract (sq.ft) 290 ft 150282 sf (3.45 ac) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See attached site plan, NWL (normal water leveq (If many lot sizes, please attach additional page with a list) V-25' ®NHW or ❑NWL e. Vegetation on tract No Vegetation on area to be dredged. Vegetation on tract includes wetlands, yard grasses, shrubs, and trees. f. Man-made features and uses now on tract Dods and Bulkhead - see attached site plan g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Lots h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? PD (Attach zoning compliance certificate, if applicable) ®Yes []NO ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes IKNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ONo ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ®NA National Register listed or eligible property? <Form continues on next page> m. (i) Are there wetlands on the site? ®Yes []No (h) Are there coastal wetlands on the site? ®Yes []No R EC E I V E m tt yes either i or a above, has a delineation been conducted? WILMINGTO J, ('�) ye () (") ❑Yes ®No (Attach documentation, if available) SEP i 6 0l 111, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment Septic RECEIVED SEP 30 o. Describe existing drinking water supply source. Municipal Water, Wells p. Describe existing stone water management or treatment systems. 4 . " WA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial Public/Government EPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to re -dredge the existing channel, so there will be 5' of water at NWL. The use of this facility is for boating. Daily operations will be boating. Due to the water depths at the tie-in point, proper flushing will occur. 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. There will be one excavator and one barge. Once excavated, the dredged material will be barged to an approved site. Please see the attachment. d. List all development activities you propose. 1. Dredge the existing canal to a width of 50 feet to obtain 5' of water @ Normal Low Water. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance Dredge f. What is the approximate total disturbed land area resulting from the proposed project? 35000 ESq.Ft or []Acres g. Will the proposed project encroach on any public easement, public aocessway or other area 0Yes ONO NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NONE i. Will wastewater or stonnwater be discharged into a wetland? 0Yes ONO EINA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ONO ENA j. Is there any mitigation proposed? 0Yes ONO NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Fortn continues on back> I ,, , n 6. AdditionalInfonnation In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a., A project narrative. 4. b. An accurate, dated work plat (inctuding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of fhe 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 Mr. Charles Atkinson 1908 Scotts Hill Loop Rd Wilmington NC 28411 Phone No. RECEIVER Address SEP 3 0 2013 Name Mr. Victor Ansley 1904 Scotts Hill Loop Road Wilmington NC 28411 Phone No. DCM-MHD CITY Address Name Mr. Mark Davenport 300 Carbenton Road Sanford NC 27330 Phone No. Address g. A list of previous state or federal permits issued for work on the project brad. Include permit numbers, permittee, and issuing dates. Cama Major #18-95 h. Signed consultant or agent authorization forth, if applicable. I. Wetland delineation, d necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is tNthio to the� best of my knowledge - Date � //^� /I 0 Print Name Chad Kimes, PE / I/ RECEIVED Signature �`-1/i •o^ i �PCM WILMINGTON, NC Please indicate application attachments pertaining to your proposed project. SEP 1 6 2013 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 -. 1-888-4RCOAST .. www.nccoastalma nage m ant. net RECENED Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) SEP 3 0 Z013 DCM-MHD CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 700 Width 50' Avg. Existing 3.0' NLW NA NA Depth Final Project 5.0' NLW NA NA Depth a. Amount of material to be excavated from below NHW or NWL in cubic yards. 2600 c.y. NWL c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Mark Lewis Property, 405 Lewis Road Hampstead NC c. (i) Do you claim title to disposal area? [-]Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of disposal in these areas: N/A ❑This section not applicable Sand/Mud d. High -ground excavation in cubic yards. N/A b. 125'x25O' area. ❑This section not applicable d. (I) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA 00 If yes, how much water area is affected? DCM WILMINGTON, NC SEP 1 6 2013 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood gran, use MP-4 — Structures) 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ Width: c. Average distance waterward of NNW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. () Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type RECEIVED SEP 3 0 2013 DCM-MIID CITY 4. OTHER FILL ACTIVITIES ®This section not applicable (Exckiding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water _ (ii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (bAv), shell oottom (bb), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., controlled? backhce, or hydraulic dredge)? Silt Fence, graded, seeding Excavator, Barge c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ONO ❑NA site? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. O pncar'y�ryure� Date 11 Pollock Dredging Project Name Chad Kimes, PE plicant Name RECEIVED DCM WILMINGTON, NC SEP 1 6 2013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanarrement.net revised: 12/26/06 DARIAN CHAD KIMES, PE Mr. RHETT POLLOCK Wage Z of L ENGINEERING SERVICES PLAN SHEET ow5S SECT 10� A� D •o NLU� 0,n AVERAGE Z.o' o'�7 pkE1)61K L, tit D PE DG I14U W 1j? 1 AJ S ' o f Co A5TA-t_ 1d E7L�FN Ds No 'IJREflGJe16 WIT141A3 lo' of SaV SornMRR� o� QVAtuTiT1E5: o $A� Z(o00 Cl/ C) CIO v m (f] � r n CAPO `=oteESSJpy.-s' � o G = :Q. SEAL 032106 _ SCALE: �� I a, z — PREPARED BY: DARIAN CHAD KIMES, PE = G) < 104 NEWTON ROAD O M HAMPSTEAD, NC 28443 C) 910-470-4494 lII1 9 �Jo }l3 *** This is a plan sheet for permitting only and not a survey. Measurements were made in the field, Existing Surveys, and GIS. DARIAN CHAD KIMES, PE Mr. RHETT POLLOCK Page i of t ENGINEERING SERVICES PLAN SHEET ai x N AAp. PL*/ — — -� A►kuEj -3.ONW / 3.0 i QEvi Al VgeVGI'J h p+oo 5p' 01or 4 CoASTQt- 1dER?d �n5 A?k1Nysr1 /APX flw At AI'x NuJ cl Aa0 SAd �W,D6RA Gehss� co M z �, 4 a1 n o CAAde�S '. sS10 7} C7 Eµ t .9 ao ; $rdttlh 4r '_ m m `DRcD4,AC. _ •a SEAL �• a F = 032106 _ ����qi,� SCALE: = 100 PREPARED BY: DARIAN CHAD KIMES PE ` � 'Wc. w O m 104 NEWTON ROAD Z HAMPSTEAD, NC 28443 q fiell' Z 910-470-4494 / C) """ This is a plan sheet for permitting only and not a survey. Measurements were made in the field, Existing Surveys, and GIS. Te.��C � ��ry TP •V/ ,�� •QooF �� .1 � a r a I- l� •a �QQ .N r Owner- Mr. Pollock 0 0 m mm �m z// U \ G Q M z 0 5POjL 49t,4 f At A, ,m Ak IS, I 'N 0 e < pl�Tw 1.100, 4 FI O OALAPING Aq-E-A ®�� NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director October 4, 2013 Mr. Rhett Pollock 1900 Scotts Hill Loop Road Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8130918 Pollock Dredging Ponder County Dear Mr. Pollock: Pat McCrory, Governor John E. Skvada, III, Secretary RECEIVED OCT 15 Z013 DCM•MHDCr Y The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on September 26, 2013. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES pormit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated u;th the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@nodenr.gov. Sin ly, 4FTracy avis, P.E., CPM Division of Energy, Mineral, and Land Resources GDS/arl: G:%WQ1Shared1Stormwater\Permits & Projects120131130918 Exemption201310 permit 130918 oc: Chad Kimes, PE Ponder County Planning Department Jason Dail/Shaun Simpson — DCM WIRO Doug Hugged, DCM Wilmington Regional Office Stormwater File Wilmington Regional Offioe 127 Cardinal Drive Extension, Wilmington, North Caroline 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 A�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Rhett Pollock 1900 Scotts Hill Loop Rd. Wilmington, N.C. 28411 Dear Sir or Madam: Braxton C. Davis Director December 2, 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. Sincerely, V, 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: wvvw.nccoastalmanagement.net An Equal Opportunity 1 AKrmallve Action Employer RECEIVED x DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT SEP 3 0 2013 1. APPLICANT'S NAME: Rhett Pollock DCM-MHD CITY 2. LOCATION OF PROJECT SITE: The property is located at 1900 Scotts Hill Loop Road, adjacent to Futch Creek near Middle Sound, in Wilmington, Pender County. Photo Index - 2006: 22-7431, K-M, 18-19 2000: 22-280. K-N, 18-19 1995: 22-263, K-N, 17-18 State Plane Coordinates - X: 2969055 Y: 1506888 GPS File: N092514A Lat: 34°22'04.547"N Long: 77°39'41.475 "W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/25/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — Completed on 09/16/2013 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Classification From LUP-AEC areas are classified Conservation and Resource Protection (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Private Planned -None (F) Type of Structures: Existing — Two dwellings, private pier, dock and bulkhead Planned — None (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands (B) Non -Vegetated Wetlands - open water +/- 35,000 sq. ft. (C) Other (Highground) +/- 31,250 sq. ft.(spoil deposition) (D) Total Area Disturbed: 66,250 ft' (1.52 acres) (E) Primary Nursery Area: Partially (F) Water Classification: SA, partial ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging within an existing entrance channel and access canal. Rhett Pollock Page Two 9. PROJECT DESCRIPTION: RECEIVED SEP 3 0 2013 DCM-MMD CITY The project site is located off Scotts Hill Loop Road, in Wilmington, Pender County. To get to the site from Wilmington, take NC Highway 17 north toward Jacksonville. Turn right onto Scotts Hill Loop Road and travel east approximately 1.2 miles before turning right at 1900 Scotts Hill Loop. There is a small 2' x 3' sign hanging from the road side with the nomenclature "1900" posted on it. The applicant's property borders the northern side of Futch Creek, which divides New Hanover and Pender County, and is located on the west side of the Atlantic Intracoastal Waterway (AIW W). The residential tract(s) comprise approximately 3.45 acres with roughly 290 linear feet of shoreline, all of which are bulkheaded. There are two single family dwellings located on the property and a single pier, platform and docking facility. Vegetation on the high ground areas include; Live Oak (Quercus virginiana), Sweet Bay (Magnolia vir ing Tana), Sweet Gum (Liquidambar stryciflua) and Loblolly Pine (Pins taeda). Under-story/scrub vegetation consists primarily of Yaupon (Ilex vomitoria) and Wax Myrtle cerifera . The shoreline consists of high marsh species including; Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium. spp.), Glasswort (Salicornia spp), Spike Grass (Distichlis spicata), Bulrush (SciMus spp.) and Salt Meadow Grass (Spartina patens), and it transitions to the regularly flooded Smooth Cordgrass marsh (Spartina alterniflora) along the Normal High Water (NHW) contour. The elevation of the site ranges from 1'-25' above the normal high water contour. Lawn grasses and ornamental landscaping complete the beautification of the property. The disposal site for this project is an undeveloped tract located along Lewis Road, in Hampstead, NC. The property has historically been used for spoil deposition from neighboring projects. The site has a relatively high elevation and is vegetated with meadow grasslands such as broom straw and ragweed. The disposal site does not appear to exhibit any wetland characteristics. Based on DCM records, the channel/canal was originally permitted under CAMA Major Permit 18-95, which was issued to the Northeast New Hanover Conservancy on January 16, 1996. The original permit authorized channel excavation on both sides of Futch Creek; however, the applicant is only requesting approval to maintain the northern side of the creek. As proposed, the northern entrance channel would be dredged within the confines of what was originally permitted under CAMA Major 18-95. It should be noted that the applicant's agent has discovered the presence of Submerged Aquatic Vegetation (SAV) in the shallow bottom area(s) adjacent to the entrance channel and access canal. Based on the applicant's permit application, a SAV survey was conducted in the area on September 6, 2013, by Chad Chimes (applicant's agent), concluding that approximately five beds of SAV were located along the northern side of the existing channel. The agent also concluded that the proposed dredging operation would not result in any impacts to existing SAV beds. The NC Division of Water Quality has classified the waters surrounding this particular portion of the AIW W/Middle/Topsail Sound as SA and SA-ORW. The NC Division of Marine Fisheries has designated the upper area of Futch Creek as a Primary Nursery Area (PNA); however, the waters adjacent to the proposed project along the waterway are not designated as a PNA. Additionally, the waters are CLOSED to the harvesting of shell fishing. PROPOSED PROJECT: The applicant proposes to perform maintenance excavation (bucket to barge) within an existing entrance channel and access canal. According to the application package, approximately 2,600 cubic yards (cy) of material would be removed from the previously permitted area. The dimensions/extent of the dredge limits would measure approximately 700' (L) x 50' (W) to a final depth of approximately -5.0', measured at NLW (current depths at -3.0', at NLW). The applicant states that a minimum separation of 5' would be maintained between the dredge limits and the adjacent coastal wetlands and a minimum setback of 10' would be maintained between the proposed cut and any SAVs. The applicant proposes to begin dredging at the upper end of the access channel (in the creek) where water depths average -3.0' at NLW. From there, the dredging operation would move east toward the entrance channel and then out toward the waterway, where existing water depths exceed the proposed dredge depth of -5.0'. Rhett Pollock Page Three < RECEIVED k SEP 3 0 2013 A barge supported long -arm excavator would be utilized to remove the material from the channel. The CmnaTerial would be placed on a barge and transported to the previously approved disposal site, where it would be off-loaded and staged on high ground. Fortunately, the contractor would be able to off-load material at Lewis Bros. Boat Yard, adjacent to the boat ramp over the bulkhead, essentially eliminating any concerns of potential fill in wetlands. All spoil material would be located a minimum of 500' from the edge of the bulkhead and would be contained on -site by silt -fencing. The applicant proposes to dedicate the entire lot (31,250) sq. ft. for spoil deposition. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would disturb approximately 35,000 sq. ft. of previously excavated shallow bottom area. Minor increases in turbidity should be expected during the dredging event; however no long term adverse impacts are anticipated. Spoil disposal would disturb approximately 31,250 sq. ft. (0.73 acres) of high ground at the proposed disposal site. Sedimentation and erosion control structures would be installed to prevent transport of material off the property. As proposed, it appears that the dredging and disposal activities would not impact coastal wetlands or PNAs. Submitted by: J. Dail Date: September 25, 2013 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Rhett Pollock COUNTY: Pender PROJECT NAME: Pollock Dredge Project (18-95 has expired) LOCATION OF PROJECT: 1900 Sloop Point Loop Rd., adjacent to Futch Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-16-13 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail nn DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 9-28-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED 1TO: Gunx.L C) 75 DAY DEADLINE: i � 3611 ;S- MAIL OUT DATE: 9-26-13 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a RECEIVED SEP 3 0 2013 DCM-MID CITY DISTRICT OFFICE: WILMINGTON FEE RECD: $475.00 END OF NOTICE DATE: 10-19-13 DEED RECD: YES ON: 150 DAY DEADLINE: STATE DUE DATE: 10-19-13 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance , Z Land Quality Section (DEMLR) Division of Water Resources (401) _L Storm Water Management (DEMLR) (Q _ State Property Office Division of Archives & History Division of Environmental Health u-�5 ✓ Division of Highways o . �0 Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers Oct.16. 2013 4:03PM NC Dept of Transportation "NEWIR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director September 26, 2013 MEMORANDUM: TO: Robert Vause NC DOT Pender County tJe l b-P nrr N 0 53 J P. 1 O lJ DPS i64-f3 �r404Ricr /171�/3 Natural Resources Jahn F. Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Ponder County Proposed Project: performance of maintenance dredging 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 October 19, 2013, If you have any questions regarding the proposed project, contact Jason Dail 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 ii a project for reason des ribed in the attached comments. SIGNED D)5f I DATE 6� 127CardinaiDrive Exl.,Wlmingion,NC26405 OCT 16 2013 Phone: 910-796-7215\FAX: 910-395-3964Inlernel:www.n waslalmananamenl.nel An Equal eppow) \ AIArmabvek6w Empoyer DCM*wCPPY N Pat McCrory Governor September 26, 2013 MEMORANDUM: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvada, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Fender County Proposed Project: performance of maintenance dredging 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 October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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 DATE 1C d oU I I �iT7 4i IF /--'O .)Ie, RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 0 C T 15 2013 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccckastalmanagement.net An Equal Opportunity l Affirmative Action Employer DCNI-?N9D CITY 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 September 26, 2013 MEMORANDUM: SEP 1 j 2013 TO: Dan Sams District Manager DEMLR - WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Fender County Proposed Project: performance of maintenance dredging 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 October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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 Lv DATE Y /OD RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nccoastaimanaaement.net OCT 0 8 Z013 DC V,I,TD 01y An Equal Opportunity f Affirmative Action Employer Pat McCrory Governor September 26, 2013 MEMORANDUM: RECEIJ7E1) D (a .r.4*A ,�F'�SEP 2 7 2013 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary TO: Debra Benoy 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 /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County Proposed Project: performance of maintenance dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huogeti at the address above by October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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 qgency objects to the project for reasons described in the attached comments. SIGNED 4141 DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 0 C T p 8 2013 Phone: 910.796-7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanagement.net An Equal Opponunity \ Affirmative Action Empoyer w� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary September 26, 2013 ECEIVE SEP 2 6 2013 act non 8 MEMORANDUM: :__� TO: Georgette Scott OCT 0 4 2013 BY Stormwater Section DEMLR - WiRO DCM-MHDcrry FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County Proposed Project: performance of maintenance dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Howe tt at the address above by October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: L This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ���� DATE lof// �/ 2 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nGcoastalmanagement.net An Equal Opportunity r Affirmative Action Employer 191- U -V - North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla. III Governor Director Secretary September 26, 2013 13_ .35 MEMORANDUM: ln^ TO: Renee Gledhill -Early }yN� Dept. of Cultural Resources Archives & History FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA/Dredge & Fill Permit Application Review, Ir,`td�t3 Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County Proposed Project: performance of maintenance dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huagett at the address above by October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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. V 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 10- L4- 13 127 Cardnal Drive Ext . wllmmgton. NC 28405 Phone: 910-796.7215', FAX, 910-395-3964Intemet www.nccoastalmanacemenl net 2.t•3 a,E,gw Oro«nwIV Affix iL".ActV EmVCNM CEQ ^ l 7.013 DC9F--� CITY JC 0)-26-' 13 10:51 FROV T-286 P0002/0002 F-525 WNW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary September 26, 2013 RECEIVED MEMORANDUM: SF13 TO: Mark Zeigler WiRO DCM-MHDCITy Division of Community Assistance FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County Proposed Project: performance of maintenance dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Huaaett at the address above by October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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 m �Wlx" DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-79&72151 PAX: 910-395-3964 Internet: v6".nwoastalmanagementnet An EQuaI Oppor UNTO Alliimative Action Empoyer ~' 09-26-'13 10:51 FROM - T-266 P0001/0002 F-525 North Carolina Department of Commerce Division of Community Assistance, office of Community planning Fax Cover Sheet Date: 7 • 7.6 • /3 To: �v �1� f'i��g t Fax number: 2 S' L- 2 '/ % — 3 3 3 From; Mark D. Zeigler, AICP — Community Development Planner NC Department of Commerce, Division of Community Assistance Office of Community Planning, South East Regional Field Office 127 Cardinal Drive Extension, Wilmington, NC 28405 Tel. (910) 796-7268 Fax. (910) 350-2004 E-mail: mzeigier@nccommerce.com Remarks: Cot, ►y-k P.C-rA'"7 Number of pages including cover sheet: 2 'JAR WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 31, 2013 IS `i PenderrCounty2013 1047 114I Rhett Pollock 1900 Hill Loop Road A CAMA F"ERMI` Wilmington, , NC 28411 Subject Property: 1900 Scotts Hill loop Road, Scotts Hill Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Pollock: You have our approval, in accordance with the attached conditions and those listed below to maintenance dredge approximately 35,000 sq ft of an existing access channel to a depth of -5.0 NWL, as described in your CAMA application dated September 26, 2013 and received by the Division of Water Resources (Division) on September 26, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. RECEIVED Nilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 'hone: 910-796-72151FAX: 91M50-20041 DENR Assistance: 1b77-623-6748 NOV 0 6 Z013 ntemet www rimaterquality.org M Equal Opportunity 1 Affirmative Action Employer DCM-MHDC'Ty Rhett Pollock October 31, 2013 Page 2 of 4 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Open Waters/Shallow Bottom 35,000 sq ft (0.80 ac) Rhett Pollock Plan Sheet (attached) Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0211. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise. 4. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 6. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or ,i achieved use, or that Stat&or w is being violated, or that further conditions NOV 0 6 2013 DCM-MHD Cr y Rhett Pollock October 31, 2013 Page 3 of 4 are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 7. Please note that the area surrounding the proposed dredging footprint contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED NOV 0 6 Z013 DCM-MRDC[TY Rhett Pollock October 31, 2013 Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7215. Sincerely, y Thomas A. Reeder Division of Water Resources Enclosures: GC 3900 Certificate of Completion cc: Chad Kimes — Kimes Engineering — electronic copy Dave Timpy - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Doug Huggett - DCM Morehead City Jason Dail —DCM WiRO RECEIVED WiRO NOV 0 6 2013 IZ$�56LI:b7�TY111 J- �tuv luivma' rn ENGINEERING SERVICES IJgYEN W R r Apx Ni-w — — ZI lvir. nnib 11 rVLLVI-A PLAN SHEET ANsix�( \ A-rttNyetl 1 _ - L �APx / -2 � �-Z•S�LF% -3•oNw -Z•S �{w / 3A i z N o � L�o w N O W Bm, oI ^b¢E'pG, wl Cj p+oo 50, Nhve �. �ASTAL- tidEruwns / SIG 'k 4� .2•S L+j .3 � o Apv ML4 (rage { oT L+ APx NI-W a, 1� SA`� �WIl,E�( GetiSs) -4aw ' (� �L• �\\11111 Ag;xNW CAR6��• J) J m 'blZeD4WN C� O _- $.4 S.E AL :r ti = 032106 _ SCALE: I •r = �0 r ! I PREPARED BY: DARIAN CHAD KIMES, PE o G w < 104 NEWTON ROAD HAMPSTEAD, NC 28443 fief 1�1�11� 910-470-4494 / 3 n *** This is a plansheet for permitting only and not a survey. Measurements were made in the field, Existing Surveys, and GIS. N NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM: TO: Doug Huggett, DCM Major Permits Coordinator FROM: Jessi Baker, DCM Fisheries Resource Specialist SUBJECT: 1900 Scotts Hill Loop Road, Pender County, NC DATE: October 18, 2013 Natural Resources John E. Skvarla, III Secretary A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The CAMA Major permit application from Rhett Pollock proposes to maintenance dredge a channel at the entrance of Futch Creek in Pender County, NC. This area contains submerged aquatic vegetation (SAV). SAV provides important nursery and foraging habitat for bay scallop, shrimp, blue crabs, hard clams, speckled trout, and red drum. A SAV survey was conducted by the applicant's consultant in September 2013 and confirmed in a DCM site visit on October 15, 2013. SAV was not observed in the channel but there are several patches just north of the dredge footprint. A persistent patch is located adjacent to the easternmost end of channel that is visible from recent aerial photography. No dredging shall occur within 10 feet of this or any other SAV. If any additional SAV is encountered within ten feet of the dredge footprint, the footprint should be reduced accordingly so that there is no dredging within ten feet of SAV. The edge of SAV patches that are adjacent to the dredge footprint shall be marked to prevent accidental dredging of SAV. An in -water work moratorium of April 1" to September 30th will be required for all dredging activities. Please feel free to contact Jessi Baker at (252) 808-2808 ext. 213 or lessi.baker@ncdenr.Rov if you have any further questions or concerns. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: wvvw.nocoastaimanagement.net An Equal Opportunity 1 Afirmauve Acton Employer RECEIVED Recommendations for State Permit— Rhett Pollock S EP 3 0 2013 The proposed excavation within the area around the existing entrance channel and acdVW-a$ rr#pears to be CONSISTENT with15 NCAC 07H.0208 (b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has no objection to the proposed work provided that it is consistent with all other state and federal permitting requirements. Any permit issued should include the following conditions: 1. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation shall not exceed -5.0' below NLW. 3. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material shall be placed at any time, in any marsh or surrounding waters 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. 6. All spoil material shall be placed at least 500' from mean high water. 7. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 8. The spoil area shall be inspected prior to beginning work by a DCM Representative. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. 11. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12. No excavation shall be permitted within 5' of and Coastal Wetlands and 10' from any SAV. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 ATTfLDMON OF: December 11, 2013 Regulatory Division Action ID No. SAW-2013-01932 and State Permit No. 129-13 DEC 13 2013 Mr. Rhett Pollock f 1900 Scotts Loop RoadtMHD(r Wilmington, North Carolina 28411 Dear Mr. Pollock: Reference your application for a Department of the Army permit to dredge within an existing entrance channel and access canal at 1900 Scotts Hill Loop Road, adjacent to Futch Creek near Middle Sound, in Wilmington, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Branch, telephone 910-251-4829. Since Ronnie D. th Regulatory Project Manager Enclosures: CAMA permit and plans GP 291 conditions -2- Copies Furnished (with enclosures): Mr. Chad Kimes, P.E. 104 Newton Road Hampstead, North Carolina 28443 Copies Furnished (without enclosures): Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge U.S. Coast Guard Sector N.C. Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary RECEIVED September 26, 2013 e t-3, t a, OCT 21 2013 MEMORANDUM: TO: Maria Dunn Dcm'MCITY NCWRC WaRO / WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA /Dredge & Fill Permit Application Review Applicant: Rhett Pollock Project Location: 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County Proposed Project: performance of maintenance dredging 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 October 19, 2013. If you have any questions regarding the proposed project, contact Jason Dail 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. V/This agency has no comment on the proposed project. _5zy' 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 NIti..�.f �— DATE OCT ruj,s T RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Cgr�t tj Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net % m An Equal Opportunity Affirmative Action Empoyer MAJOR PERMIT FEE SCHEDULE Pollock / $475 / Pender Co. RECEIVED SEP 3 0 2013 DCM MHD CrrY DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial 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 not involve the filling or excavation of any wetlands or open water areas: S400 100% $400 00/. $0 111. 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 lied: S400 100% $400 0% $0 I I I(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or of more than one acre of wetlands ' rxcavation nd/or open water areas: $475 60% $285 400/. $190 AA 6*h NCUM North Carolina Department of Environment and Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director September 26, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo for: • Pollock in Pender County • UNCW Center for Marine Science in NH County Natural Resources John E. Skvarla, III Secretary 41111 RECEIVED ISEP 3 0 2013 ACM-MHD CrrY Kyle & Heather: Please publish the attached Notice in the Saturday, September 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. Sim so P Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nc=stalmanagement.net An Equal Opportunity \ Affirmative Action Empoyer NOTICE OF FILING OF 1tECE{VED $EP 3 0 2013 APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT DCM MHDCITY The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following submitted applications for development permits in Areas of Environmental Concern as designated under the CAMA. According to said applications: On September 16, 2013, Rhett Pollock proposed to perform maintenance dredging at 1900 Scotts Hill Loop Rd., adjacent to Futch Creek, in Pender County; And on September 24, 2013, the UNCW Center for Marine Science proposed to expand an existing docking facility at 5600 Marvin K Moss Ln., adjacent to the AIWW, in Wilmington, New Hanover County. Copies of the entire applications may be examined or copied at the offices of Jason Dail (PN Co.) or Robb Mairs (NH Co.), N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to October 19, 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. September 10, 2013 NARRATIVE For Mr. Rhett Pollock SCOPE Mr. Rhett Pollock is requesting to construct the following: Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910-470-4494 dckimes - chartennet RECEIVED SEP 3 0 2013 DCM Y10 CITY 1. Maintenance dredge the existing 50' channel to tie into ICW at -5.0 NLW at a length of 700' as previously permitted. The dredging is 700' feet long and will be 50' feet wide. The existing channel is approximately 50'-100' wide. The channel becomes wider as it runs west. The channel has some stabilization on the North side but the majority does not have any shoreline stabilization and is eroding over time. The dredging quantities are approximately 2600 CY. This channel was last dredged in 1995 by the Northeast New Hanover Conservancy. The Cama Major Permit is 18-95. The original channel was dredged in the Spring of 1958 and the pictures are attached of this dredging operation. Current depths at NLW are on average at -3.0 NLW. This proposed dredging depth of -5.0 NLW is consistent with prior Permits. Dredging will be performed to ensure proper flushing. DISPOSAL SITE Mr. Pollock is requesting to place approximately 2600 CY of dredged material on Mark Lewis property located at 405 Lewis Road in Hampstead, NC. Under this request, there will not be any impacts to wetlands. The unloading area will be adjacent to a bulkhead and the material will then be transported by truck to an area in a field approximately 125' x 250'. This area will have silt fence placed around the entire area. In addition to the silt fence, the area on the outside of the spoil site location is fully established. This site is also a previously approved site for dredged material. ENVIRONMENTAL IMPACTS A. SAV's RECEIVED DCM WILMINGTON, NC SEP 1 6 2013 On September 06, 2013, a SAV survey was conducted by Darian Chad Kimes, PE, Engineering Services. The SAV survey was performed at low tide and the water clarity was approximately 4' in depth. SAV's were present outside of the proposed dredging area. Due to the depths of the existing channel, SAV's were not established in the channel. Page 2 (SAV's Continue) * RECEIVED SEP 3 0 Z013 DCM-MHD CITY A total of 5 SAV beds were located to the North of the existing channel. These beds were primarily widgeon grass. The largest SAV bed was approximately 20 square feet and the closest SAV bed to the existing channel was 10' feet. These are shown on the plan sheet. Based on this survey, I am recommending dredging not to be allowed within 10' of the SAV's. The SAV's should be delineated prior to dredging. There are no anticipated impacts to SAV's with this proposed project. B. Shellfish I do not anticipate any impacts to shellfish. C. Wetlands I do not anticipate any impacts to wetlands. All dredging will be a minimum of 5' from any wetlands. CONTRACTOR Mr. Rhett Pollock has contacted Coastal Dredging to perform this work. ADJACENT OWNER COMMENT No objections seen at this time. They are all participating with this proposed project. I, Chad Kimes, as a duly Registered Professional Engineer in the State of North Carolina, will be representing Mr. Rhett Pollock during the Permit process, and will personally oversee all of this proposed work if requested to by the owner. I am also certified in Erosion & Sediment Control Level III -A and Level III-B (#181, #204). If there are any additional questions, please contact me at 910-470-4494. RECEIVEDESsi DCM WILMINGTON, NCB C SEAL SEP 1 6 20i3 = os 106 RECEIVED NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director September 25, 2013 Rhett Pollock 1900 Scotts Hill Loop Wilmington, NC 28411 Dear Mr. Pollock: SEP 3 0 2013 Natural Resources DCAf--MHDCrry John E. Skavada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located along Scotts Hill Loop Road, adjacent to the AIW W, in Wilmington, Pender County. Your application was received complete on September 16, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 1, 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 75`s day. If this agency does not render a permit decision within 70 days from September 16, 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. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. incerely�� son Dail ield Representative Cc: Chad Kimes (Agent), 104 Newton Road, Hampstead, NC 28443 WiRO file, DCM A--JG Joanne Steenhuis - DWQ Ashley Frank, Pender County LPO One 127 Cardinal Drive Ext., Wilmington, NC 28405 NO Carolina Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net NQtimally An Equal Opportunity 1Affirmafive Action Employer N(1'1'I(01/1: AMA PERMIT APPLIED FOR PROJECT: areaaina witnin an exisuna entrance cnannei & amacent to rutcn c;reeK, in Nenaer county. COMMENTS ACCEPTED THROUGH __October m 2p73 APPLICANT: RECEIVED Chad ' SEP302013 Hampstead, Ne28443 DCM-MRDCITY For: Rhett Pollock FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Jason Dail, Field Representative 910-796-7215 7�� �ccry��� e�Jc�Q, JSAoi�.I' en or�.�.nel� ✓ 4-f- RECEIVED DCM WILMINGTON, SEP 1 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM 'J�, RECEIVED SEP 3 0 2013 Date gLZa�/3 DCM-MAD CITY Name of Property Owner Applying for Permit: Mailing Address: (foTf3 /-I)LI .nlc" / /V G 28y// I certify that I have authorized (agent) C/fHD ��%�j �� to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) 44 1?rjY,-?vRWb'U7' at (my property located at) / g DO /%/1/-) This certification is valid thru (date) g Ab Z/S Property Owner Signature Date F',ECEiVED DCM WILMINGTO�1, NC SEP 16 2013 September 10, 2013 Mr. Mark Davenport 300 Carbonton Road Sanford NC 27330 Dear Mr. Davenport, Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910-470-4494 dekimeskbcharter.net CERTIFIED MAIL RECEIVED SEP 3 0 2013 DCkf-Mn CITY Please find the attached application and site plan for the proposed work on your adjacent waterfront property owner Mr. Rhett Pollock. As an adjacent landowner, you have 10 days in which to submit comments on the proposed project to the Division of Coastal Management. If you are in agreement with the proposed work, please sign the attached "Adjacent Riparian Property Owner Statement" and return in the attached envelope. If you have any questions, I can be contacted at 910-470-4494. The contact for Division of Coastal Management is Mr. Jason Dail. He can be contacted at 910-796-7221. Sincerely Chad Kimes, PE RECEIVED DCM WILMINGTOR NC SEP 1 6 20i3 Adjacent Property Owner- Mr. Davenport 3280-03 0796-ODOO E DAVENPORT Il1RK R 300 CARBONTON ROAD SANFORD IE NC 27330 PERTY 1855 SCOTTS HILL LOOP RESS RD PERTY L E PB 1133 FAA. FOY CRIPTON ESTATE REMAINDER TO L'ARK6.IOHN DAVENPO E 3Y1 IMS E PRICE Null Q B87211 F NOPIAT OUNT 905590.0000D0 MSHP TOPSAIL ES f 0 VALUE $641.583.00 RING $`2.80400 JE AI. VALUE S694 397 00 ERRED SOW JE OMSION 'lull E R 20C HD 2011 HE CODES GO1 F31 R40 S83 r� a September 10, 2013 Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910470-4494 dckimes(M,chartennet CERTIFIED MAIL Mr. Victor Ansley PO Box 1049 RECEIVED Sandford NC 27330 SEP 3 0 2013 DCSf-MHD CITY Dear Mr. Ansley, Please find the attached application and site plan for the proposed work on your adjacent waterfront property owner Mr. Rhett Pollock. As an adjacent landowner, you have 10 days in which to submit comments on the proposed project to the Division of Coastal Management. If you are in agreement with the proposed work, please sign the attached "Adjacent Riparian Property Owner Statement" and return in the attached envelope. If you have any questions, I can be contacted at 910-470-4494. The contact for Division of Coastal Management is Mr. Jason Dail. He can be contacted at 910-796-7221. Sincere , Chad Kimes, PE RECEIVED DCM WILMINGTON, NC SEP 1 6 20i3 Adjacent Property Owner- Mr. Ansley SCALE 1. 100 J FEET a 7 J4 ''" " ? M ❑ PIN 3280-034864-0000 MIME ANSLEY VICTOR ONG N al ADDR PO BOX 1049 CITY SANFORD STATE NC ZIP 27330 PROPERTY 1904 SCOTTS HILL LOOP ADDRESS RD PROPERTY L1 P82227 ATKINSON OESCRIPTON SURVEY W 12 LT 7 PS 1133 DATE 122911993 SALE PRICE Null DEED 946154 PLAT NOPLAT ACCOUNT 591695000000 TOWNSHIP TOPSAIL ACRES 1.93 LAND VALUE $451477.00 BUILDING $81,956.00 VALUE TOTAL VALUE $533,433.00 DEFERRED 50.00 VALUE SUBDMSION Null ZONE R-20C NBRHD 2077 CODE TAXCODES 001 F31 R40 S64 m `�ri -v T= 0 om " z� Z n RECEIVED SEP 30 2013 ` DCS`. MHD CITY September 10, 2013 Mr. Charles Atkinson 1908 Scotts Hill Loop Road Wilmington NC 28411 Dear Mr. Atkinson, Chad Kimes, PE 104 Newton Road Hampstead, NC 28443 910-470-4494 dckimesna charter.net CERTIFIED MAIL ewe, RECEIVED SEP 3 0 2013 DCM-mm CITY Please find the attached application and site plan for the proposed work on your adjacent waterfront property owner Mr. Rhett Pollock. As an adjacent landowner, you have 10 days in which to submit comments on the proposed project to the Division of Coastal Management. If you are in agreement with the proposed work, please sign the attached "Adjacent Riparian Property Owner Statement" and return in the attached envelope. If you have any questions, I can be contacted at 910-470-4494. The contact for Division of Coastal Management is Mr. Jason Dail. He can be contacted at 910-796-7221. Sincerely, C J Chad Kimes, PE RECEIVED DCM WILMINGTOR NC SEP 1 6 2013 Adiacent Property Owner- Mr. Atkinson 3280-03-5685-0000 ATIONSON CHARLES HERBERT 1908 SCOTTS HILL LOOP RO WILMINGTON NC 28411 1908 SCOTTS HILL LOOP RO L2 PB 22127 ATMNSON SURVEY WILL B6 E 75 E 1R LTT PB V33 POY EST 711/1968 $0 00 4191443 NOPLAT 519000000 TOPSNL 334 S578,060.00 Pemiit Class NEW FF . { Permit Number 18-95 STATE OF NORTH CAROLINA Department of Environment, Health & Natural R7�1031VIT and Coastal Resources Commission fvermitFEB 201995 DIVISION OF 4 pS for v � % Major Development in an Area of Environmental IS69At3tTAL MAN , AA&WT pursuant to NCGS 113A-118 c % Excavation and/or filling pursuant to NCGS 113-229 S E P 3 0 2013 Issued to Northeast New Hanover Conservancy, 126 Beach Road, South, Wilmington, NC 28405 DCM-MTM CITY authorizing development in New Hanover County at Futch Creek as requested in the permittee's application dated 7/18/94 Inc. attached workplans 3 w/planview dated rev. 11/3/94 & site map/cross sec.,& spoil area dated rec. 7/19/94. This permit, issued on FEBRUARY 13, 1995 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) The alignment of the south end of the south channel must be shifted a sufficient distance to coincide with the existing channel. Such shift in alignment must be staked by the permittee and reviewed by a DCM representative prior to excavation. 2) In order to protect juvenile shrimp and finf"ish populations, no excavation will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) All work authorized by this permit must be performed in strict compliance with the permit plans, except as altered by permit conditions. (See attached sheet for Additional Conditions) This permit action may be appealed by the perntittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1998 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 DEHNR and the Chairman of the Coastal Resources Commission. oger N. hecter, Director Division of Coastal Management This permit and its conditions arfb&E»Gdddpl�e6) DCM WILMINGTON, NC SEP 1 6 2013 Signature of Permittee RECEIVED Northeast New Hanover Conservancy Permit #18-95 SEP 3 0 2013 Page 2 of 2 ADDITIONAL CONDITIONS DCM-MHD CITY 4) The landward terminus of both excavated channels shall be only as deep as the deepest portion of the creek within the project area. 5) Excavation will not exceed 5 feet below the elevation of mean low water (MLW). 6) No vegetated wetlands will be excavated or filled. 7) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 8) All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 9) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 10) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. 11) If, during project excavation, submerged, archaeological materials are encountered, such as shipwreck remains, the permittee will immediately cease work and contact the DCM and the Corps of Engineers who will contact the Division of Archives and History. NOTE: Penn ittee will notify New Hanover mosquito control director of project start-up date in order that his office may provide consultation on spoil area mosquito control. Project Monitoring 12) Regular monitoring of physical, chemical and biological parameters, coupled with nutrient loading/limitation experiments and tidal cycle sampling of fecal coliforms, nutrients, chlorophyll and physical parameters, will be conducted in accordance with the permittee's agreement with the National Marine Fisheries Service contained in a memorandum to the NMFS from the UNCW Center for Marine Science Research dated 12/15/94. Before and after sampling will be coupled with some quantifiable measure of future changes inflow/salinity. A continuous salinity monitor will be installed in Futch Creek to collect data hourly over a complete lunar cycle before and after dredging to provide a solid quantification of physical channel deepening effects to couple with the biological and chemical data. The Division of Coastal Management will be provided a copy of all data provided to the NMFS. RECEIVED DCM WILMINGTON, NC SEP 1 6 2013 r Permit Class Number MnDiFICATIONI IINOR -- STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources ��J and OM03�V13n. Coastal Resources Commission Lf t r JAN 2 2 1996 �rrrYt DIVISION OF for ASTALMANAGEMENT $ Major Development in an Area of Environmental o m RECErYTD pursuant to NCGS 113A-118 $ Excavation and/or filling pursuant to NCGS 113-229 SEP 3 0 2013 Issued ro_ Northeast -New -Hanover Conservancy,_126 Beach -Road, South, Wilmington, NC- _28405 authorizing development in New Hanover County at Futch Creek , as requested in the perminee's application 909 letter dated 12/8/95. This permit, issued on JANUARY 16, 1996 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) This modification authorizes the hydraulic dredging of 6000 cubic yards of material from Futches Creek, as was described in the 12/8/95 application letter. Spoil Disposal 2) The permittee shall notify the N. C. Divison of Environmental Health, Shellfish Sanitation Section at (910) 395-3900, at least 10 days prior to the initiation of dredging activities to allow for a temporary closure of shellfish harvesting in waters adjacent to the spoil disposal site. The permittee shall also notify the Shellfish Sanitation Section immediately following completion of the project. (See attached sheet 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 personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1998 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 DEHNR and the Chairman of the Coastal Resources Commission. --,^ Roger N. Schecter, Director Division of Coastal Management This permit and its conditions nt l N, NC SEP 1 6 2013 Signature of Pemtittee Northeast New Hanover Conservancy Permit #18-95 Page 2 of 2 ADDITIONAL CONDITIONS 3) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 4) The terminal end of the pipeline will be positioned at or greater than fifty (50) feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. - - -5)- - - The disposal area effluent-wilrbe contained by pipe; -trongh,-ofsimilar device to a point at of - - - - - beyond the normal water level to prevent gully erosion and unnecessary siltation. 6) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. General 7) This modification must be attached to the original of permit #18-95, which was issued on 2/13/95, and all documents must be readily available on site when a Division representative inspects the project for compliance. 8) All stipulations and conditions of the original permit remain in force under this modification unless altered herein. RECEIVED SEP 3 0 2013 ncn.I-MtmCrFV RECEIVED DCM WILMINGTON, NC SEP 1 6 2013 5%NG 05-8 RECEIVED SEP 3 0 2013 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC S E P 1 6 2013 Re: Pollock Dredging-Futch Creek Page 1 of 4 RECEWED From: "Rhett Pollock" <rhettpollock@gmail.com> To: "dckimes" <dckimes@charter.net> Date: 08/12/2013 08:57:40 EDT SEP 3 0 2013 Subject: Re: Pollock Dredging-Futch Creek Chad - DCMAWDCITY I hope you guys had a good weekend. I have the pictures! Email me your mailing address and I will UPS them to you. I have numbered them on the back. The pictures were taken by my neighbor's (Vic Ansley's) grandfather in the spring of 1958 when he dredged the creek. Hurricane Hazel hit the area 4 years prior, and it wiped out the point at the northern mouth of Futch Creek. According to my neighbor, big pine trees grew on a bluff that exended out the ICWW. Hazel swept the trees and the land away like they were never there at all. This concerned his grandfather who initiated the dredge project that culminated in 1958. My neighbor Vic provided me with the pictures. Here is a description for each picture: 1) You can see the dredge sitting off the point at the mouth of Futch Creek looking up the creek. The small house just to the left of the dredge on the hill is the King/Ansley original house. Today, Vic Ansley has built a new house where the original cottage once stood. to the left of the King/Ansley house you can see my two houses - 1900 and 1862 Scotts Hill Loop. These two houses in the picture are the same two houses that sit there today. Off to the right of the dredge in the picture is the original house that sat where the Poplar Grove Point (Live Oak Ln) development is now. In the lower right corner of the pic is the bow of an aluminum canoe that still resides at my neighbor's house in Scotts Hill! At the far lower left corner of the picture is a boat moored up just off the marsh grass. This is the Davenport twat. Mark Davenport and I hope to execute this dredging project together if we are able to obtain a permit. 2) This Pic more clearly shows my two houses at 1900 and 1862 Scotts Hill Loop. The handwriting on the top of the picture is my neighbor Vic Ansley's grandmother's handwriting. The original dredging at this location was done in the Spring of 1958. 3) This is a smaller scan of picture *2. CVS cut off the handwriting on the top. 4) You can see my porch at 1900 Scotts Hill Loop Rd behind/beyond the steps that have been covered by the spoil. You can also see the windows and side of the 1862 house through the trees and beyond the white columns at 1900. We have since enclosed the porch, but the original columns/posts survive and are still in place at 1900. 5) The picture is taken from the bottom of the hill at the edge of the marsh grass on the point in front of the Ansley property. The person taking the picture has their back to the mouth of Futch Creek, and you can see the house across the way that was the house which sat on the property that Is now Poplar Grove Point. The granite blocks were brought in by barge and placed at the base of the hill at the Ansley property to help re establish the hill after Hazel. They hoped the blocks would help keep the spoil behind the bulkhead which was eventually built. That bulkhead is there today, and the granite blocks in the picture are actually buried behind the bulkhead and buried under fill dirt/spoil. Thanks Chad. (be sure to send me that mailing address and I will UPS the pics today) Rhett On Tue, Aug 6, 2013 at 6:14 AM, dckimes <dckimesColcharter.net> wrote: Sounds good. It also opens property owners eyes on the different agencies that have to agree to the project. That's why I like holding these scoping meetings to see what kind of possible conflicts we may have. RECEIVED The pictures will be valuable for this meeting. DCM WILMINGTON, NC SEP 1 6 '2013 http://enhanced.charter.net/viewmessage?r=%3Crequest%3E%3Cmai1%2Oaction%3D%22... 8/20/2013 12Earm CERTIFIED MAIL • RETURN RECEIPT REQUESTED SEP 3 0 2013 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM r "'M-MAD CiTV Name of Property Owner. Address of Property' (Lot or Street #, Street or Road, City & County) nell/ Agent's Name #: 0440 zwc Mailing Address: /0 V /tJGW- 7)d Ad Agent's phone #: C? to - 470 - 41119 1/ _�L4 ne N C &S`%V3 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. �nt� N tio�proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www. Tic coastalmanagernent.neticontact dcm.htm or by calling 1-888-4RCOASL No response is considered the same as no objection If you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr �e O ner I rmation) .Si na ghb7, ALLeCt Print or Type Name .s7,4%/ F Wr Mailing Address CityBtatelzip Telephone Number Date i _. v its GCIVf VVILMINGTON, NC (Adjacent Property Owner Information) Signature 1AAqQ, ATtW304 Print or Type Name /JDy 5C67%S HiL-L p R� Mailing Address L 411 ; Al rs%od 't i t C CitylState0p (910) 4r6- o1y9 elephone Number 69//�//2 0/3 Date Revised 6I182012 SEP252013 RECEIVED CERTIFIED MAIL • RETURN RECEIPT REQUESTED SEP 3 0 2013 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM �� MRD CiTy Name of Property Owner _ /VJIQ g4 (r a Address of Property Z9bO 5eo775111C1_ Leota .EC ��tiy1in14T�t✓ �C Z$5�/� � i ) (Lot or Street #, Street or Road. City & County) j Agent's Name #: t t� 4a k)MES Mailing Address: 1 D ti A&_A)R^ 1et/ Agent's phone #: 9 /4 - U %0 - 4/!dP V zq Z/ I hereby certify that I own property adjacent to the above referenced property. The individual ap lying for this permit has described to me as shown on the attached drawing the development the ar proposing. A description or drawing,with dimensions must be provided with this letter. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at wwvr nccoastaimana4ement.ne=: • ontact dem.hrrn or by calling 1-888-4RCOAST. No _,. _ .� tha same as no nhiection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr pe O ner 1-formation) ,SI Q Print or Type Name :«rF Af Mailing Address City/State/Zip Telephone Number RECEIVED Date DCM WILMINGTON, N SEP252013 Signature f� - I (] i�ICTI-O�1'c+v5 LC% Print or Type Name `(:� C) 4 S Mailing Tess Covs tategip =nv51' 9 r)�-�'r3 ZS� Telephone Number cl_�2_1:>� � � Date / Revised 6/182012 RECErZD CERTIFIED MAIL • RETURN RECEIPT REQUESTED SEP 3 0 2013 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM ,)CM-MBD CTTY Name of Property Owner. &e. eiik-77' ALLUG� Address of Property: (Lot or Street #, Street or Road, City & County) i✓ NC ZOVII Agent's Name#: (19a tlmri,/lF� Mailing Address: Agent's phone #: 9/0- 4170 -y`Y/21/V ( L I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. t have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at www.nccoastaimanagement.nebcontact dcm.htm or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr pe O ner I rmation) I a ��1�adc - Pnnt or Type Name S^ E Ar li6eGr Mailing Address City/State/Zip Telephone Number (Aldjacent Property Owner Infor ation) Si nature ���Rkr-'DRV6NPe��T�RVertPe� - Print or Type Name Sot) C*FKd/✓9Vw r�,60 Mailing Address ,5; r4 X,o 3n CitylState,lZip Telephone Number i-it_C,L:IVED (hue DCM WILMINGTON, NC Date Revised 61182012 SEP252013 ■ 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. Article Addressed to: Mr Vic -far Ansley PO 6o� 1 U4C1 San fiord, ;z 3C) 2. Article Number (Transfer from service label) PS Form 3811, February 2o04 A. Signature ❑ Agent ❑ Addle B. R tyfPviedt eA 111 9%e�73 IA u tom. D. Is delivery address dheent from item 17 ❑ Yes N YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Domestic 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. Article Addressed to Mr. U'arl-e-s Mvt i nSOA 190'll Sc6it> WM Loop fd W ilminizan, 1JC-o^N:r-1 2. Article Number A X te2595-0 5ae 3 Agent B Received by Pdntpd N�a�me) DatA Delivery �(�ARLr�Si�(se � D. Is delivery address different from hem 17 Q Yes If YES, enter delivery address below: -ATNo 3. Service Type ❑ Certlied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.D.D. 4. Restricted Delivery? (Fxtra Fee) ❑ Yes I PS Form 3811, February 2004 Domestic Return Receipt lozsgs�al.)i,tsao SENDER: COMPLETE THIS SECUON 1111 ■ Complete heme 1, 2, and 3. Also complete ... item 4 H Restricted Delivery is desired. A". Sj all, „1 ` ❑ Agent ■ Print your name and address on the reverse ❑ Addressee W Received by (Prirrted Name C�.p a of 'iveery 5' z 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. D. Is deWeryaddress different from Rem 1 If YES, enter delivery address below: ❑ ❑ No 7. Article Addressed to: mr. Dilinkr L ter+ 30o ca baNkon Sa^ J 3 l. Type ❑rvCertfiedi Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (E)tra Fee) ❑ Yes 2. Article (nanatwflw «vvke?abeq . PS Form 3811, February 2004 Domestic Return Receipt 7o25e5f2AFt540 RE 1 L RECEIVED [)CM WILNNNGTON, NC SEP25?013 DCM Coordinator: //�✓ MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington Permit #: 12 —� b� (with revised work plan drawings) US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westeott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early or (envi/ronmental.review@ncdcr.gov) Public Water Supply: Debra Benoy (WIRO) r/ Joey White (WARD) Marine Fisheries: Jessi Baker Kevin Hart / NC DOT: Ken Pace ✓ Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) / John Hennessy (NC DOT) Washington: Amy Adams Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: LPO: Maria Dunn (WARD) Fax Distribution: Permitee #: Agent #: