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HomeMy WebLinkAbout21-23 Brock, Jennifer & WalterPermit Class Permit Number NEW 21-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jennifer and Walter Brock, 2613 Middle Sound Loop Rd., Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to Howe Creek at 2613 Middle Sound Loop Rd, in Wilmington , as requested in the permittee’s application dated 10/11/22 (MP-1, MP-3, MP-4), including work plan drawings (3) Sheets 1-2 of 4, dated 10/11/22 and Sheet 3 of 4 dated 10/28/22. This permit, issued on February 3, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on February 3, 2028 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 DE Q and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Docking Facility Expansion 1) This permit authorizes the removal of the existing docking facility as well as the docks, gazebo, boatlifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes a maximum of 3 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) Jennifer and Walter Brock Permit No. 21-23 Page 2 of 4 ADDITIONAL CONDITIONS 3) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 7) The roof of the gazebo shall not be designed for second story use. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Upland Development – Wooden Walkway 10) This permit authorizes only the proposed upland development, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant’s property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. Bulkhead Replacement 11) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 12) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 13) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 14) The bulkhead shall be constructed prior to any backfilling activities. Jennifer and Walter Brock Permit No. 21-23 Page 3 of 4 ADDITIONAL CONDITIONS 15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 16) This permit does not authorize any excavation waterward of the approved alignment. 17) The fill material shall be clean and free of any pollutants except in trace quantities. 18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 19) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 20) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. USACE Conditions 21) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. Sedimentation and Erosion Control 22) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 23) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 24) 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. 25) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 and Nationwide Permit 3 (Action ID SAW-2022-02581). Jennifer and Walter Brock Permit No. 21-23 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5525 and assigned the project DWR Project No. 2022-1587 NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1, APPLICANT'S NAME: Jennifer & Walter Brock c/o Andy Dorlch (Davey Resource Group) 2. LOCATION OF PROJECT SITE: 2613 Middle Sound Loop Rd, New Hanover County adjacent to Howe Creek. Latitude: 34015'06.70" N Longitude: 77°4725,23" W 3. INVESTIGATION TYPE: CAMA 1 D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/512022 Was Applicant Present — Yes (with Agent) 5. PROCESSING PROCEDURE: Office — Wilmington Application Received 9/18/2022 J�Day 1R WQC Er in date: 9/13/2022 Application Complete 10/28/2022 30 for WQC Pre -filing 10/12/2022 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: CW, EW, PTA, ES Water Dependent: Yes A Intended Use: Private (E) Wastewater Treatment: Existing — none Planned -- NA (F) Type of Structures: Existing — Wooden bulkhead, 2 boat lifts, 2 uncovered platforms with 1 slip, 1 gazebo, and wooden access walkway. Planned — Removal of existing gazebo and both uncovered platforms. New vinyl bulkhead installation 2' in front of existing bulkhead, relocation of northern existing boat lift, install new third boat lift, construct new gazebo, construct 2 new wooden walkways landward of the new vinyl bulkhead, repair existing wooden access walkway and construct new wooden access addition. (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands 133 ft2 (B) Non -Vegetated Wetlands (Open water) 414 ft2 (C) Other — High Ground I 447 ft2 14,140 ft2 (D) Total Area Disturbed: 5,134 ft2 (0,12 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA - ORW Open: Closed 2613 Middle Sound Loop Rd, Jennifer & Walter Brock Page Two 8. PROJECT SUMMARY: Removal of existing docking facility, relocation of existing boat lifts, installation of one new boat lift, a new gazebo, and new wooden walkways. New bulkhead installation approximately 2' waterward of existing wall resulting in the filling of approximately 133 ft2 of coastal wetlands. 9, PROJECT DESCRIPTION The project site is located at 2613 Middle Sound Loop Rd, on Howe Creek in New Hanover County. According to the applicant, the parcel located at 2613 Middle Sound Loop Road has a maximum elevation of approximately 4' - 20' above normal high water (NHW) and is approximately 1.18 acres. The lot is undeveloped with the high ground vegetation consisting primarily of natural coastal scrub vegetation and ornamentals. The adjacent riparian parcels both have single family homes with bulkheads and docking facilities. The project site has approximately 201' of shoreline frontage, which is currently stabilized by a wooden bulkhead that approximates NHW. Patches of Coastal Wetlands are located directly waterward of the existing bulkhead comprised mostly of salt marsh cord grass (Spartina altemaflora). No permit history was found for the existing wooden bulkhead or the existing docking facility, according to aerial imagery it appears that it has been in place since the early 2000's. The existing 12' x 14' gazebo, 12' x 35' uncovered deck, 3.5' x 21' uncovered deck, and 2 boatlifts are located immediately waterward of the existing wooden bulkhead, oriented parallel to the shoreline (see Drawing 2 of 4). The New Hanover County land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The adjacent waters of Howe Creek in the project area are classified SA-ORW by the Division of Water Resources and this area is designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT Removal of existing docking facility, relocation of existing boat lifts, installation of one new boat lift, a new gazebo, and new wooden walkways. New bulkhead installation approximately 2' waterward of existing wall resulting in the filling of approximately 133 ft2 of coastal wetlands. The applicants propose to remove the existing fixed platforms and relocate one 12.5 x 12.5' boatlift to the north, directly adjacent to the docking facility. The second existing 12.5' x 12.5' boatlift is to remain in place. An additional boatlift is proposed adjacent to the southern end of the bulkhead measuring approximately 12,5' x 12.5' for a total of three (3) formalized slips. Water depth in the vicinity of the new proposed boatlifts are approximately 1.6' — 2.2' at NLW. A new gazebo is proposed, measuring approximately 16' long x 16' wide, directly adjacent to the bulkhead between slips 1 and 2, A shoreside wooden dock, measuring approximately 61' long x 2' wide, is proposed directly adjacent to the new bulkhead cap. A wooden access walkway, measuring approximately 18' long x 8' wide, is also proposed to provide access from the gazebo to the high ground. The new proposed vinyl bulkhead would be installed 2' in front of the existing failing wooden bulkhead resulting in 133 ft2 of Coastal Wetland fill within Howe Creek. The applicant proposes to construct approximately 201' of bulkhead directly waterward of the current alignment stepping out a maximum of 2' as measured from the existing face of the timber bulkhead to the waterward face of the proposed new vinyl bulkhead. The applicant proposes to fill a maximum of 133 ft2 of Coastal Wetland and incorporate a maximum of 547 ft2 of Public Trust Area (see Drawing 2 of 3). According to the application, the southern 15.5' wingwali would replaced within the existing footprint and would tie into the adjacent bulkhead at the property corner. The northern wingwall would simply tie into the adjacent existing 2613 Middle Sound Loop Rd, Jennifer & Walter Brock Page Three bulkhead. During the site visit with the applicant and agent on October 5, 2022, it was noted that several areas behind the existing bulkhead are losing sediment and the wood at the waterline has deteriorated. The proposed project would be located within the applicant's riparian corridor, would not exceed the quarter width, and meets the 8 square foot rule. 10. ANTICIPATED IMPACTS The proposed new alignment would result in the incorporation of a maximum of 547 ft2 of Estuarine Waters and Public Trust Area, 133 fie of which is Coastal Wetlands and 414 ftz would be open water. As proposed, the 201' new bulkhead would be constructed directly in front of the existing bulkhead, a maximum of 2' waterward of the existing deteriorating bulkhead to prevent any further erosion that would occur with removal of the existing wall. Minor increases in turbidity should be expected during project construction. Submitted by: Kelsey Beachman Date: November 8, 2022 Office: Wilmington DAVEY#- Resource Group October 11, 2022 Tara MacPherson NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RECEIVED OCT 1 1 2022 DCM WILMINGTON, NC RE: Request for CAMA Major Permit — Request for Additional Information 2316 Middle Sound Loop Road, Wilmington NC Ta ra, On behalf of Jennifer Brock, Davey Resource Group, Inc. is submitting a revised CAMA Major Permit request for development at 2613 Middle Sound Loop Road in Wilmington, New Hanover County, North Carolina. The applicant proposes installation of a bulkhead with wingwall, removal of a gazebo, removal of two platforms, relocation of an existing boatlift, installation of a boatlift, installation of a covered gazebo, repair of existing wooden walkway, installation of wooden access walkway, and installation of a bulkhead cap and walkway as depicted on the enclosed plan view drawings. Adjacent riparian landowner notifications have been mailed and green delivery confirmation cards are included. Please let me know if you need additional information to accept the application as complete or have any questions during your review. Sincerely, William A Dortch Agent, Davey Resource Group, Inc. cc: Jennifer Brock, Christopher Brock Encl. Attachments www.Davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 5. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative 5.1,1 Project Location and Existing Conditions The project is located on Howe Creek at the Atlantic Intracoastal Waterway at 2613 Middle Sound Loop Road in Wilmington, New Hanover County. There is a single-family residence with an inground pool located on the property. There is also an existing bulkhead, two boatlifts, one wet slip, a covered platform, and two uncovered platforms constructed under unknown permit numbers. Normal High Water and Riparian Lines were approved by DCM staff June 22, 2022. Length of the shoreline at NHW is 202'. Water depths were provided by the client taken July 5, 2022 and are relative to NLW. Waters in the project area are classified as SA/DRW and are open to commercial shellfishing. The area is classified as PNA. 5.1.2 Proposed Action The applicant proposes replacement of a bulkhead 2' waterward from the existing bulkhead. The replacement bulkhead will measure 207' long x 1' wide, include wingwalls, be constructed of naval vinyl style sheet pile, and tie into adjacent existing bulkheads. The replacement bulkhead will create a vacant area of approximately 414 square feet to be filled with approximately 350 cubic yards of sand from a sand mine or other upland source. The bulkhead will have a wooden cap that measures 2' wide. A proposed wooden walkway on the northern portion will measure 31' long x 2' wide, while a proposed wooden walkway on the southern portion will measure 61' long x 2' wide. The existing access walkway will be repaired, and a proposed wooden access walkway addition measuring 18' long x 8' wide is proposed. Two small areas of coastal wetlands at the northern and southern end of the existing bulkhead will be impacted by bulkhead replacement. The northern section of coastal wetlands measures 26' long x 2' wide. The southern section of coastal wetlands measures 71' long x 1' wide. Tax parcels are shown on the permit drawings, but the survey, which is included in Appendix B, shows that the southern property corner is where the bulkheads meet. So, the southern 15.51' "wingwall" will be replaced in place and tie into the adjacent bulkhead at their shared property corner. The applicant also proposes removal of the existing 12' x 14' covered gazebo, 12' x 35' large uncovered platform, and 3.5' x 21' small uncovered platform. Relocation of the existing northern boatlift approximately 18' to the south is proposed. No changes are proposed to the central boatlift. Installation of an additional boatlift on the southern portion of the bulkhead is proposed. All three boatlifts measure 12.5' x 12.5' on center. Finally, a 16' x 16' covered gazebo is proposed in the vacant area of the removed large uncovered platform. See Appendix A and B for details. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Additionally, the project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED OCT 2'8 2022 DCM WILMINGTON. NC RECEIVED 1. Form DCM-MP-1 OCT 1 1 2022 APPLICATION for DCM WILMINGTON, NC Major Development Permit (last revised 12127fO6) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant(Landowner Information Business Name Project Name (if applicable) NIA 2613 Middle Sound Loop Road Applicant 1: First Name Mi Last Name Jennifer NA Brock 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 2613 Middle Sound Loop Road Wilmington NC ZIP Country Phone No. FAX No. 28411 USA 910-617-1950 Street Address (if different from above) City State ZIP Email 0enniferbrock@ec. rr.com 2. Agent/Contractor Information Business Name Davey Resource Group, Inc Agent/ Contractor 1: First Name MI Last Name Greg NA Finch Agent/ Contractor 2: First Name MI Last Name Andy NA Dortch Mailing Address PO=Boxcity State3805 Wrightsville Avenue, Suite 15 NAilmington NG ZIP Phone No, 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # 910-452-0060 NA Street Address (if different from above) City State ZIP NA Email Gregory.finch(cbdavev.com ; William.dortchCrDdavey,.com Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVE® OCT 1 1 2022 3. Project Location DCM WILMINGTON County (can be multiple) Street Address State Rd. # New Hanover 2613 Middle Sound Loop Road 1403 Subdivision Name City State Zip Middle Sound Wilmington NC 28411 Phone No. Lot No.(s) (if many, attach additional page with list) 910-617-1950 n1a a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Howe Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑unknown AIVWV e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No New Hanover County work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 201' 1.18 +l- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or nla NWL (normal water level) (If many lot sizes, please attach additional page with a list) --4' -- 20' ®NHW or ❑NWL e. Vegetation on tract Typical coastal trees, shrubs, and grasses exist on the tract f. Man-made features and uses now on tract There is a residential home and in -ground pool located on the property. There is also a bulkhead, two boatlifts, a covered gazebo and two uncovered platforms that were constructed under unknown permit numbers. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential homes and private docking facilities. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20S-Residential District (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No K. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina JC m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) DCM STAFF VERIFIED COASTAL WETLANDS ON 2022-10-10 n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. describe existing storm water management or treatment systems. None ❑Yes ®No ®Yes ❑No ®Yes ❑No RECEIVE® cc 1 1 20 DCM WiLMINGT NC 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restructure the existing docking facility to provide additional water access to the residential property. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical dock, gazebo, walkway, and bulkhead construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. The applicant proposes replacement of a bulkhead 2' waterward from the existing bulkhead. The replacement bulkhead will measure 207' long x 1' wide, include wingwalls, be constructed of naval vinyl style sheet pile, and tie into adjacent existing bulkheads. The replacement bulkhead will create a vacant area of approximately 414 square feet to be filled with approximately 350 cubic yards of sand from a sand mine or other upland source. The bulkhead will have a wooden cap that measures 2' wide. A proposed wooden walkway on the northern portion will measure 31' long x 2' wide, while a proposed wooden walkway on the southern portion will measure 61' long x 2' wide. The existing access walkway will be repaired, and a proposed wooden access walkway addition measuring 18' long x 8' wide is proposed. Two small areas of coastal wetlands at the northern and southern end of the existing bulkhead will be impacted by bulkhead replacement. The northern section of coastal wetlands measures 26' long x 2' wide. The southern section of coastal wetlands measures 71' long x 1' wide. The applicant also proposes removal of the existing 12' x 14' covered gazebo, 12' x 35' large uncovered platform, and 3.5' x 21' small uncovered platform. Relocation of the existing northern boatlift approximately 18' to the south is proposed. No changes are proposed to the central boatlift. Installation of an additional boatlift on the southern portion of the bulkhead is proposed. All three boatlifts measure 12.5' x 12.5' on center. Finally, a 16' x 16' covered gazebo is proposed in the vacant area of the removed large uncovered platform. See Appendix A for details. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? —414 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. Application for Major development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 4 i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) tt)e following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. L A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name RICH GABRIEL J III USA J Phone No. NA Address 817 BERWYN WAY, RALEIGH NO 27615 or 2625 MIDDLE SOUND LOOP, WILMINGTON NO 28411 Name TRASK RAIFORD G JR REV TRUST Phone No. NA Address 6336OLEAN❑ER DRIVE STE 1, WILMINGTON NO 28403 or 1202 EASTWOOD ROAD, WILMINGTON NO 28403 Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. No known permits from NO DEQ file review h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. RECEIVED OCT 11 2022 ®CM WILMINGTON, NC Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 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 truthful to the best of my knowledge. Date: October 11, 2022 (rev) Print Name: Andy Dortch Agent, Davey Resource Group, Inc. i RECEIVE® --� OCT 1.1 2022 i Signature t DCM WILMINGTON, NC Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and fill Information ®DCM MP-3 Upland Development ®DCM MP-4Structures Information Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina ❑DCM MP-5 Bridges and Culverts 0 RECEIVED 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) O C T 11 2022 DCM WILMINGTON, NC Access Channel Canal Boat Boat Rock Rock Other (excluding (NLW or Basin Ramp Groin Breakwater shoreline NWQ stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No []NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW) submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: Application for Major Development Permit —October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) I YF— , o„�.— 1. o. uengrn: zu. ®Bulkhead ❑Riprap ❑ Brea kwaterlSill ❑Other: Width: 1' c. Average distance waterward of NHW or NWL: 2' d. Maximum distance waterward of NHW or NWL: 2' e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Naval style vine€ sheet pile ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level, h. Type of fill material. Bulkhead backfill 414 soft Riprap Sand from sand mine or other upland source Breakwater/Sill Other 123 sq ft in Coastal Wetlands i. Source of fill material. Sand mine or other upland source 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. If yes, (ii) Amount of material to be placed in the water (ill) Dimensions of fill area (iv) Purpose of fill ®This section not applicable (i) Will fill material be placed in 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 ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? Silt fence or other erosion control measures backhoe, or hydraulic dredge)? Backhoe bare tVpical dock construction and bulkhead equipment c. (i) WII navigationai aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No ❑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 nla environmental impacts. nla October 11, 2022 (rev) Date 2613 Middle Sound Loop Road Project Name Jennifer Brock Applicant Name A414 Agent, Davey Resource Group, Inc. . Applicant Signature u� T 1 Application for Major Development Permit —October 2022 (rev) 2613 Middle Sound Loop Road DCM WI f_.MINGT$ON NC Wilmington, New Hanover County, North Carolina 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Two proposed wooden walkways at bulkhead (31' long x 2' wide ; 61' long x 2' wide) One proposed wooden access walkway (18' long x 8' wide) upland of existing wooden walkway c. Density (give the number of residential units and the units per acre). No new e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes [:]No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. No new impervious i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking, No new impervious I existing 26' long x 8' wide wooden walkway to be repaired (0.004%) / proposed 18' long x 8' wide wooden access walkway proposed (0.003%) j. Describe proposed method of sewage disposal. Municipal I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, `wash down" and residential discharges). No new discharges Application for Major Development Permit —October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED O C T 112022 b. Number of lots or parcels. 1 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 144 sq ft for proposed wooden access walkway ; 184 sq ft for proposed wooden walkway at bulkhead ; 208 sq ft for existing wooden walkway repairs f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. NIA h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ❑No ®NA If yes, attach appropriate documentation. E m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? DYes ®No ❑NA community, public system, etc.) (ii) If yes, how many acres? Municipal o. When was the lot(s) platted and recorded? 1925 October 11, 2022 (rev) Date 2613 Middle Sound Loop Road Project Name Jennifer Brock p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ©No ®NA Applicant Name A4, +4 f Agent, Davey Resource Group, Inc. Applicant Signature Application for Major Development Permit —October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED OCT i i 2022 DCM WILMINGTON, NC 10 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) I. DOCKING FACILITY/MARINA CHARACTER►STICs a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovemment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (III) Length (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? EYes ❑No If yes: (ii) Number 1 covered gazebo (III) Length 16' (iv) Width 16' (v) Floating ❑Yes ENo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 3 proposed boatlifts (ii) Number of slips existing 2 existing boatlifts 1 existing slip i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin andlor channel EOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 10-40' m. (i) Will the facility have tie pilings? ❑Yes ENo (ii) If yes number of tie pilings? Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED OCT 11 202Z DCM WILM"F17 UtS not applicable b. (i) Will the facility be open to the general public? EYes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (III) Length (iv) Width (v) Floating ❑Yes ❑No f. (1) Are Boatlifts included? EYes ❑No If yes: (ii) Number 3 total — 1 relocated, 1 existing, 1 proposed (III) Length 12.5' ; 12.5; 12.5' (iv) Width 12.5' ; 12.5' ; 12.5' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: E Other, please describe: 3 proposed boatlifts, ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout ands ortfishin vessels I. (i) Will the facility be open to the general public? ❑Yes ENo 11 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: RECEIVED ❑ Showers ❑ Boatholding tank pumpout; Give type and location: OCT 1 12022 b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of"Pumpout Available" signs proposed. DCM WILMINGTON, NC f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? M. is the marina/dockin9 facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. is the marmaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑m ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 12 RECEIVED I f' ^� 3. BOATHOUSE (including covered lifts) N This section not applicable a. (i) Is the boathouse structure(s): DCM WILMINGTON, NC ❑Commercial ❑Public/Government ❑PrivateiCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. lf.a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a- (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g,, wood, sheetpile, etc.) ®This section not applicable a• Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Publio[Government ❑PrivatelCommunity c• Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL ® This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 47' North ; 38' South 96' North ; 43' South Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body —72' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina d. Water depth at waterward end of structure at NLW or NWL 2.2' NLW 13 8. OTHER ®This section not applicable a. Give complete description: October 11, 2022 (rev) Date 2613 Middle Sound Loop Road Project Name Jennifer Brock Applicant Name 44 D&ad Agent, Davey Resource Group, Inc. Applicant Signature RECEIVE( OCT DCM WiLMINGT N, NO Application for Major Development Permit — October 2022 (rev) 2613 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 14 DAFEY - Dortch, Andy <william.dortch@davey.comy 2316 Middle Sound Loop 401 Pirefile 1 message Dortch, Andy <william.dortch@davey.com> Wed, Aug 3, 2022 at 10:49 AM To: 401PreFile@ncdenr.gov Cc: Andy Dortch <william.dortch@davey.com>, Greg Finch <gregory.finch@davey.com> The applicant proposes installation of a bulkhead 2' waterward from the existing bulkhead. The proposed bulkhead will measure 206' long x 1' wide, be constructed of naval vinyl style sheet pile, and tie into adjacent existing bulkheads. The proposed bulkhead will create a vacant area of approximately 404 square feet to be filled with approximately 120 cubic yards of sand from a sand mine or other upland source. The applicant also proposes removal of the existing 12' x 14' covered gazebo, 12' x 35' large uncovered platform, and 3.5' x 21' small uncovered platform. Only one additional boatlift is proposed. Relocation of the existing northern boatlift approximately 18' to the south is proposed. No changes are proposed to the central boatlift. Installation of an additional boatlift on the southern portion of the bulkhead is proposed. All three boatlifts measure 12.5' x 12.5' on center. Finally, a 16' x 16' uncovered platform is proposed in the vacant area of the removed large uncovered platform. See attached figures for details. William A. Dortch I Associate Consultant Davey Resource Group, Inc. RECEIVED' 3805 Wrightsville Avenue, Suite 15, Wilmington NC 28403 P: 910.452.0001 ext. 1921 1 M: 910.471.5012 1 F: 910.452.0060 DAVEY OCT 1 Resource Group 1)CM WILMINGTON, NC Visit our local office page . 2022-5-3_2613 Middle Sound Figures Binder.pdf 2170K ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Jennifer & Walter Brock clo Andy Dortch, Davey Resource Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr, Dortch: NORTH CAROLINA Environmental Quality November 8, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Jennifer & Walter Brock, for State approval for development of the subject property located at 2613 Middle Sound Loop Road, adjacent to Howe Creek, in New Hanover County. It was received as complete on October 28, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 11, 2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 28, 2022, 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. Sinc rely, Kelsey Be man Field Representative cc: Cameron Luck, DCM Holley Snider, DWR USACE Jennifer & Walter Brock, Applicants Christine Bouffard, LPO Kim Harding, DMF �DFQ> North Carolina Department of Environmental Quality I DMsion of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NOHYT r a+aoi_ r 3 w n D z —2 IL 0 =m e o a V — ° o (� CL _ ao2 c� �0 ft .. 13 %c = m CIO X 0 ?' n m 0 -9 z C7 o n= o r-IOL 1 _ n :30 ff -. z o � — zs � o 0 m -n rmlL m r-r m� M Q �_ w C rpm O W � n0 z Ong- D m w ( a 31 A)13 x cn � r Da = m On CL (D — to mD Q M a) nco I Mi m r 0 0 tV ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Jim and Donna Petrilla lik Jennifer and Walter Brock NORTH CAROLINA Environmental Quality Hello: Please publish the attached Notice in the Wednesday, November 16, 2022 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 Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. cc: MHC Files Cameron Luck — MHC USACE H DEQ> �LQE �cerely, AWIKZ L� Tanya ietila Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the LAMA: On November 9, 2022, Jim and Donna Petrilla proposed to install a boatliftfor two (2) personal water crafts at an existing docking facility for a total of six (6) slips at 4 SunsetAve., adj. to Banks Channel, Wrightsville Beach, New Hanover County; And on November S, 2022, Jennifer and Walter Brock proposed to remove and reconfigure an existing docking facility with the addition of one boatlift for a total of three (3) slips & install a new bulkhead 2' waterward of the existing, resulting in the filling of approx. 133sgft of coastal wetlands at 2613 Middle Sound Loop, adj. to Howe Creek in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall (Petrilla) or Kelsey Beachman (Brock) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 (Petrillo) or (910) 796-7270 (Brock) 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 December 7, 2022 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. D North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 marts cPrrouru D°P�O a,*" 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Jennifer Brock / Chris Brock Mailing Address: 2613 Middle Sound Loop Road Wilmington NC 28411 Phone Number: 910-617-1950 Email Address: jenniferbrock@?a ec.rr.com ; chris@ccflooi•covering.com I certify that 1 have authorized Davey Resource Group, inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: bulkhead replacement, platform replacement, relocation f installation of boatlifts at my property located at 2613 Middle Sound Loop Road in New Hanover County. Y l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: e r- i igneture Print or Type Name Title Date This certification is valid through 12 131 /2023 RECEIVEr.) OCT 11 20Z2 DCM WILMINGTON, NC DAVEY Resource Group September 8, 2022 RICH GABRIEL J III LISA J 817 BERWYN WAY RALEIGH NC 27615 To Whom It May Concern: RECEIVE; :- OCT 11 'M;') DCM WILMINGTON, NC Jennifer Brock is applying for a CAMA Major Permit on the property located at 2613 Middle Sound Loop Road in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve removal of platform area, installation of a bulkhead, relocation of a boat lift, installation of a boat lift, and installation of a platform as depicted on the enclosed plan view drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@davey.com Sincerely, f S Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com . Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY#-,. Resource Group September 8, 2022 TRASK RAIFORD G JR REV TRUST 6336 OLEANDER DRIVE STE 1 WILMINGTON NC 28403 To Whom It May Concern: RECEIVED OCT 112022 DCM WILMINGTON, NC Jennifer Brock is applying for a CAMA Major Permit on the property located at 2613 Middle Sound Loop Road in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve removal of platform area, installation of a bulkhead, relocation of a boat lift, installation of a boat lift, and installation of a platform as depicted on the enclosed plan view drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@davey.com Sincerely, f i fib Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ■ Complete items 1, 2, and 3. A. ' nat ❑ Agent ■ Print your name and address on the reverse X �c dressee so that we can return the card to you. B ceived by r' ed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Adir f or on the front if space permits. D. Is delivery address different from item 1? C1 Yes 1. Atticle Addressed to: If YES, enter delivery address below' )2M40 d" ►.i 1 Ct Mail Express {{{ j 3. Service Tyke ❑ Adult Signature ©Priority © Registered MailT"' a Registered Mail restricted ❑ Adult Signature Restricted Delivery Delivery k�I � 9590 9402 6335 0296 5140 55 ❑ Certified MajlO El Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Signature Confirmatien�' g ❑ Signature Confirmation Delivery l7 Collect on Delivery Restricted Delivery Restricted 2. Article NEirrtber (Transfer kern se-lVlGe lab@") - ---- __ ❑ Insuted Mali Eiji Ftestricted Delivery 7020 2450 0001 5224 0413 Domestic Return Receipt PS Farm 3811. JulyLfl PSN 7530- 24 Ooo-9053 J\D . " C. ■ Complete Items 1, 2, and 3. ■ Print your name and address an the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: A. ` Agent © Addressee B. Recelved Vy tJ'rir d Name) 0. rClAtel f trie D. Is delivery address dMarent from brn 1? 0 Yes If YES, enter delivery address belovr 0 No fk1k 1![![ 11 jjII jjII III I{ 11! 1iJj I{I rF f11 3. Service Type ❑ Pdorlty Mall Expre_Aso �I�If�IIIIIII1�I�i11lII1II�II�lI�I��IfI� II ❑ Adult Signdum ❑RoglstatedMailn 0 Adult Slgnafure Re8tdcted Qelhrery a Rani51arr3d l�Aall fitestrictad f1 Certl9ed Mal® 1) vary El CarlIffed nDl�t� Delivery osyau��crnli9590 9402 6335 0296 5140 48 0 c anery rw a a.Fr ra nu re.d,ar trten�. r,.., nnrur�a taken E3 Corset an Detivery Restrlctadjklvery Restricted Delivery 7020 2450 0001 5224 0390 � 4d Raa4lceed Dgmy PS Form 3811, July 2020 PSN 7530-02-ODD-gM RECEIVED OCT 11 2022 DCM WILMINGTON, NC O Domestic Return Receipt i RECEIVED OCT 11 2022 N.C. DIVISION OF COASTAL MANAGEMENT NCNILI1�tNGTf)P�vRNI iM ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONiWAIVER F CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Tap portion to be completed by owner or their agent) Name of Property Owner: Jennifer Brock Address of Property 2613 Middle Sound Road, Wilmington NC 29411 Mailing Address of Owner: 2613 Middle Sound Road, Wilmington NC 28411 Owner's email: lenniferbrack@ec.rr.com Agent's Name: William A Dortch Agent's Email: william.dortch@davey.com Owner's Phone#: 910-617-1950 Agent Phone#: 910-452-0001 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) 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 descri tp ion or drawing, with dimensions, must be provided with this letter, I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback nia -OR- Signature of Adjacent Riparian Property Owner I do not wish to waive the 16' setback requirement (initial the blank) rnla Signature of Adjacent Riparian Property Owner: ( I-TypedlPrinted name of ARPO r�-:r t��Td r 3 5 1 Mailing Address of ARPO: _3 3 � �' �s�C�.r`=�"' �_�r�. 53��� y�/ l i Y�i/ j) �J� c'fj ��"i�d G�1lP C cYfr18�/,P0rrx ARPO's email: / 7 <.1 ARPO's Phone#: lt1 Cr Date: C{ ` /, Z 2— *waiver is valid for up to one year from ARPO's Signature* Revised May 2021 Book 6111 Page 2049 RECEIVED OCT 112022 DCM WILMINGTON, NC Prepared by - Jeffrey P. Keeter Block, Crouch, Keeter, Behm & Sayed, LLP Post Office Box 4, Wilmington, NC 28402 Without Title Examination or Certification BK: RB 6111 PG: 2049 - 2052 RECORDED: 12l2$12017 11:43:43 AM SY: ANGELA ENGLISH DEPUTY Parcel ID- R05100-006-013-000 & R05100-006-003-000 Revenue Stamps- $1700.00 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NO FEE $26.00 2017041511 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX $1700.00 ELECTRONICALLY RECORDED Prepued sy _F:1 IL'SE. i.. E ��'E: c Return To: 1001 MLbtwy Cutoff Rout, Suite 204 Wifrnington, NC28406 WARRANTY DEED THIS DEED, made this ?.Z day of December, 2017 by and between, ANDREW J. SIMMONS, JR., unmarried, whose address is Post Office Box 730, Leland, North Carolina 29451-0730, GRANTOR, and WALTER DANIEL BROCK and wife, JENNIFER HOLMES BROCK, whose address is 2613 Middle Sound Loop Road, Wilmington, North Carolina 28411, GRANTEES; WITNESSETH: THAT the said GRANTOR, for and in consideration of the sung of TEN DOLLARS ($10.00) and other valuable considerations to him in hand paid by GRANTEES, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEES, their heirs, personal representatives and assigns, the following described property lying and being in the County of New Hanover, and State of North Carolina, and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by referenced as if fully set out TO HAVE AND TO HOLD the above granted and described premises together with all and singular the rights, privileges, easements and appurtenances and hereditaments belonging or in anyway appertaining unto the said GRANTEES, their heirs, personaI representatives and assigns, in fee simple. AND the said GRANTOR, for himself, his heirs, personal representatives and assigns, does covenant to and with the said GRANTEES, their heirs, personal representatives and assigns, that he is seized in fee of said premises and that be has good right to sell and convey the same; that the title is marketable and free and submitted electronically by "Colby & Mincey, PLLC' in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. RECEIVED Book 6111 Page 2050 OCT 112922 DCM �an d ,encumbrances; except as forth herein;abd tt he lls- ati his heirs, personal represezitattves aad ss gns shall, W1� itRANT AND DEFEND the title to t$e scene g wst this Iavvful'cla ms and demands of aid all persons whomsoever. Notwithstanding the foregoing; the waarant<esherein recited are subject to. 2017 ad valorem taxes; all A: applicable zone g and Viand use ordinances rul re es, gulaons :laws and statutes, and all restnehve `covenants, easements and rights-df wap of recorii No wanal. 1s given Hereunder- s o trtie to any part of the described tracts of land Eying below the mean high water lrne of any adjacent bodies of water: IlrI VXMSSWBMM03Y, the said GRANTOR has hereunto sethis hand'snd'seal the day and year first abo*ewvrititei. - 0 if checked,fih property herein conveyed includes the . przmary residence `:of one or more of the Gtcirs STATE I F.NOR- H GAROLI TA ..COUNTY OF NEWANOVEIz` ..ell. i Carolina do appeared Al (SEAL) Haeoeer_County, North . COI 7,eforeirie personally V personally known to me; `_p+roved ra me by satisfactoryevidence; proved to me oa the oath'or affir7nation.of who is personally knoyvn to tie, to be the perscm(s} whose rtame(s) is/are signed on the preceding or attached record, and acknowledged to me that helsfieliiey signed it voluntarily for ifs statet3' bse. AA Public (seal) My Commission expires: 1 [ q . ELI BETH P. "E.Wd 1S NOTARY PI BUC LNew HanoVer Caii l� -tarolha 2 Book 6111 Page 2051 RECEIVED O C T 11 202 Z nn EXHIBIT A T1TATTWILMINGTON, NC 01: BEGINNING at an iron pipe near the low water mark of Barren Inlet Creek, on the Northeast side thereof, said beginning corner being South 38 deg. 40 min. East 504 feet from a cement monument, said last mentioned cement monument being South 58 deg. 10 min. East 465 feet from another cement monument situated on a point where Swash Branch enters Barren Inlet Creek; running from said Beginning Point North 36 deg. 35 min. East 315 feet, more or less to the southwestern right of way line of S.R.1403 (Middle Sound Loop Road), 60-foot right of way; running thence South 27 deg. 44 min. East with and along said right of way line 163.70 feet to an iron pipe; thence leaving said night of way line and running South 36 deg. 35 min. West 362.0 feet, more or less, to a stone marked "H" at the low water mark of Barren Inlet Creek; thence in a Northerly direction following the meanderings of said Creek 202.8 feet, more or less to the point of BEGINNING, the same being the Western part of Tract 8 of Queens Point as shown on a map thereof recorded in the New Hanover County Registry in Map Book 2 at Page 77 lying southwestwardly of S. R. 1403. This being all of that tract conveyed to A. J. Howell, et ux, Gertrude J. Howell by J. F. Roache and wife, Edith M. Roache and R. A. Brand and wife, Margaret E. Brand by deed recorded July 8,1925 in Book 164 at Page 486 of the New Hanover County Registry. EXCEPTING THEREFROM all of said tract that lies North of the right of way tine of S. R.1403 (Middle Sound Loop Road). TRACT #2: Lying and being in Harnett Township, County of New Hanover and State of North Carolina in the salt marshes of Middle Sound, it being the marshland in Barren Inlet Creek in front of a certain lot of land conveyed by J. F. Roache et ug to Andrew J Howell, et ug, Gertrude J. Howell by deed dated July 1, 1925 of record in New Hanover County in Book 164 at Page 486 bounded and described as follows: BEGINNING at an iron pipe near high water mark of Barren Inlet Creek, the beginning corner of the aforesaid lot and the corner of a tract of land once owned by T. B. Caldwell and also the beginning corner of a tract of marshland conveyed by the State Board of Education to the said T. B. Caldwell on July 1,1925 and running thence with said Caldwell Line: L South 36 deg. 35 min. West 450 feet to a stake in the line of a tract of land conveyed by the State Board of Education to Sarah W. Walters by deed dated. October 11,1930 of record in New Hanover County in Book 209 at Page 530; 2. thence with the said Walters Line South 38 deg. O5 min. East 155 feet to a stake in said line, a corner of a tract of marshland conveyed by the State Board of Education to P. B. Harrah by deed dated July 1,1925, 3. Thence with the line of said Harrah Tract North 36 deg. 35 min. East 400 feet to a stake at high water Roark, a corner in the line between P. B. Harrah and the said A. J. Howell; 4. Thence with high water mark of the creek North 22 deg. West 165 feet to the BEGINNING. containing 1.4 acres of marshland, the location of which will more fully appear by a reference to a plat attached to the deed first referred to below, and a map designated as No. 69 recorded in Plat Book 1 in the Office of the State Superintendent of Public Instruction. Being the same tract of land described in the deed from the State Board of Education to Andrew J. Howell and wife, Gertrude J. Howell dated September 19, 1932 recorded in Rook 252 at Page 565 Book 6111 Page 2052 in the office of the Register of Deeds of New Hanover County, North Carolina and being the same tract of land described as the Second Tract in the deed from Laura Howell Schorr and her husband, Wallace Schorr and Clewell Howell and wife, Margaret Howell to Mrs. Eva Cole Pearsall, recorded in Book 802 at Page 861 in the New Hanover County Registry. TRACT #3: Lying in and being in Harnett Township, New Hanover County, North Carolina in the salt marshes of Middle Sound, contiguous to the North Shore of Barren Inlet Creek, and bounded and described as follows: BEGINNING at an iron pipe near high water mark on the North Shore of Barren Inlet Creek, the beginning corner of a tract of land conveyed by the State Board of Education to Andrew J. Howell, et ux, by deed dated September 19, 1932 and running thence with the line of the said Howell Tract, L South 36 deg. 30 min. West 450 feet to a stake in the line of a tract of land conveyed by the State Board of Education to Sarah W. Walters by deed dated October 11,1930 of record in New Hanover County in Book 209 at Page 530, 2. Thence with the line of the said Walters Tract North 38 deg. 05 min. West 470 feet to a stake in said line, 3. Thence North 36 deg. 35 min. East 450 feet to a stake at high water mark on the North Shore of Barren Inlet Creek, 4. Thence with the high water mark of Barren Inlet Creek South 46 deg. East 260 feet, 5. Thence South 30 deg. East 220 feet to the beginning; containing 4.8 acres of marsh lands the location of which will more fully appear by reference to a map designated 70 and 71 recorded in Plat Book 1 in the Office of the State Superintendent of Public Instruction. Being the same tract of land described in the deed from the State Board of Education to Clewell Howell dated November 4,1935 and recorded in Book 252 at Page IS in the Office of the Register of Deeds of New Hanover County, North Carolina. NO WARRANTY OF TITLE IS GIVEN FOR ANY PART OF THE ABOVE DESCRIBED TRACTS LYING BELOW THE MEAN HIGH WATER LINE OF ADJOINING BODIES OF WATER RECEIVED OCT 11 2022 DCM WILMINGTON, NC v F. MMCK C U�IQ�f, PItl r 1ttA1 ilns Eq/kt WA5 S€1Ptfr3^a•� iF?14hH L? 6�f : p)SpFFPi w 115E5+�C RIK ON i �i 551.'RVEYED FS 1 F4.[�7fi*: ARE 5FIDA 3 9 gomm VW6 PEC = rwki It,mw, IOn nrm,;Cin. Ft AT tm FAT wic+ Mt'AI€Ei? FT1 AccoP,11NCEM ,41111 Im 5A€ V=5 of f1wra f0� p Sl"' ►� �� Tk]&i1r S(i€FUC WW56 i it 0"lk 5tRWtUKE, UCLA € AM0 jum 5Eft umir M pr r Cif ►giAmf A.U. FCC' Y,zz:..t C y f17i1!!I3 6(;µ I'IPL I S:i1S' i 9'S9'� r�1Ls IF,ON I'ITi ✓' i'11A4ai� D.�,FWteL Yr�n �R� t L06 sir �vti �rt 1 � ati� � dr:l;r MEAS €wli wA°Cf um 15 U fAE[ C r B,F KMAD 15L)RVEY FOR ANDREW J. -IMM N ,� J . WE5TfRN FART Of TRAr T fA pnil FT e�t tfar.n 1, Self. .=C iIS� LQ%.$rA j WT TL35L1tit£ ,W Ei40T:2 PAa L'' V vim 1 190 PAQ < r{ nta� joT 13 toc 0.3701 F.6 a= a^.&MV. _ rM%m�M 3. , ,mvM i5 rwif, 771f for t5 2m.'CGv Fiut_E.tfltFS. *�i1C1>' {,!}tFEUAM'33 Or RECUM fvr�It� � ar i�rtm ,Kax� 3�'I* xt'.ez5+�re s, - 2 rtyAn lvc te} t.> EP.C741 T lP3.R PAnE! ¢�EtwrNTGf1!€"Ef1. ai �i �`�. n��R oY �tYJs�ra? iitVatasn'S7 MT � 1" 14169P VG i I vie ��11%ii f Cis a -)/ t2 Loop gd. Beachman, Kelsey From: Beachman, Kelsey Sent: Monday, October 17, 2022 2:36 PM To: william.dortch@davey.com; Finch, Greg Cc: MacPherson, Tara Subject: RE: [External] Re: 2613 Middle Sound Loop CAMA Major Application ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS — 2613 Middle Sound Loop Rd., Wilmington NC 28411 Hello Andy and Greg, DCM received your CAMA Major Application request for a replacement bulkhead and new docking facility on 9-19- 2022 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please provide the following: Narrative: • Please update narrative and MP forms to reflect the square footage of impact to coastal wetlands on drawings • Please update narrative and MP forms to reflect any bulkhead wingwalls or tie-ins on drawings MPl • 4(a): Please identify the correct length of the shoreline (MP form states it is 201 feet and the drawings indicate that the proposed bulkhead measures 207 feet) • 5(d): Please clarify whether the bulkhead is to have wingwalls or tie backs and identify the length of the wingwalls. Currently, the description says that it will include both. Work Plats • Please include a label for the waterbody name • Please indicate the width of the waterbody (approx.. 72 ft) + Please include water depths at NLW for the proposed boat lifts • Please clarify the total square footage of structure being proposed in the 30' buffer zone and what material is to be used Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796.7270 kelsey_beachman@ncdenr.gov 127 Cardinal Drive Ext, Wilmington, NC 28405 \\ N N L CA O N Z �a c� c °= z dm �\ L N O mo a 4 r a `L 1^ W O F- O w-�'�� Z W U \. Y3 O V= 0 U pW+ O \ - Q O o o a p G \ q x CD c- 'r m ��•+ J X C w W 3 o ❑ O LO m ♦ O J am- •- \\ �Lr c `'� 1 l4 41 lL nS \ L fl} 01 O 0 C1J ^ X 11J x O Q) U Nco m (D e 43 X 0` N J 0 m r- -1 m (� O O C m O 0 11 Z {f} X O m co D C t9 X c0 (D._ co L � Q C,ry � m r Q� � L Q? xtit m Q Vj' Q a_i i y c ; e s 0 O �C M. LV (5 O C "� y v A 4 -0 L f a) lV � � x } � i _0 DX d >' -0 (13 O O fl) �� O v O _ca m e " 0-Q co O O ` - N Q (6 O ♦, x c� (� 0 a] Q U C 0 O 0 CL `+ - o J o 0 yr �- m 0 0 v i2 -- U1 "O -- - _�` o 0 (D_ w - -- - - -- __ CL f] N Lu LL qq 4 LL J Q r I Lo Ln W LL I m Q0N wz c�j I S z roW 00 I --__t X 4 N> p () p a Q N f wQC�Oaz� (O ---�---------- � "1-- ------ -`-_ , 0 � C w K Q 0 z 0 z LLw }y [��ww W ?.j C7 Co LL � O / 1 r•'' N = ULL2W Wx ¢aa>Qtn> W}o}��LLJ aF-= Li O K ri v u> T � O U U M LL (D 6 C N O c 7 CO (D m a N m _- Q U -p -p [6 c� x F r U3 N -EU U in c�Q� Z 0 o cu m � 0 wz omUari� cn U O W 5 CO O Q L m Q1 m p Co m U is 0 N 0 4-, w- O L o CL o O 1 U o m ca a o O :3 o co 2-1 a °' o to a � O Y L n E -� 00co N E CON 0 75 o m a�¢¢1�._ ` UDC Vi 3 z U U.-Iv o w U DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Jennifer and Walter Brock COUNTY: New Hanover PROJECT NAME: 2613 Middle Sound Loop LOCATION OF PROJECT: 2613 Middle Sound Loop, adj. to Howe Creek in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-28-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140)#8022 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 11-16-22 END OF NOTICE DATE: 12-7-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 1-11-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 11-10-22 STATE DUE DATE: 12-7-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMA4EENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF -- Habitat & Enhancement DNCR -- Archives & History DNCK -- Na iral Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Fee $ # CDAITS MHC cc Applicant: n` ew-j waikew--brocm— Agent/Contractor: ►n 1 v e G m op Project Site County: Nei nover Ij Staff: I District: Wilmington Project Name: �1 r_ ` �Q ��vOLE)OP Rover File: nta River Basin Whrte OWL ! Initial date of application submittal: C� �Z f gI Date application "received as complete" in the Field office - Permit Authorization: [Z CAMA W Dredge & fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: 2yes ❑No PNA: Yes ]No ;Photos t Taken Yes ❑ No Setback Required (riparian): ❑Yes ®No Critical Habitat: ❑Yes ❑No of Sure 15 foot waiver obtained: [:]Yes KNo Hazard Notification Returned: ' ❑Yes ,BNo SAV: ❑Yes o ❑Nat Sure Shell Bottom: ❑Yes [No ,® Not Temporary Impacts: XYes ❑No Sure Sandbags- ❑Yes o ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP- K.Yes [7]No ❑Yes 'KNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes %No ❑NA ❑Yes KNo ❑NA FT. She€lfish Area Designation: Project Description: (code) I Development Area: (code) Open -or- Close 1 Q • t 2af_.�('�5 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) 1 ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) 1 ❑ High Quality Waters (HQW) i ®,Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) i ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosureides) ❑ Salt or spike grass (C�istichlis -1(DS) (SC) Bullrush or three square (Scirpus I i ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Slack needlerush (Juncus ❑ (SP) Saltimeadow grass (Spartina roemerianus) patens) i APPLICATION FEE ❑ No fee required - $0.00 ❑ !II(A) Private wl D&F up to 1 acre, 3490 tll(D) Priv. public or comm wl O&F to 1 i can be applied - $250 acre; 4144 can't be applied - $40C ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of Permit - $100 permit - $250 1 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ 111(13) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre, 4144 can be applied - $400 ❑ Major development extension request - ❑ Ii. Public or commerciaflno dredge $100 ano/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv, public or comm w /D8&F to 1 I acre, 4144 can be applied; DCM needs I DWQ agreement - $400 Applicant_ ,�- Date: Z Describe heiow the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet_ TYPE REPLACE I Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 i i �j �✓ New Work Maint ❑ Replace Xy ❑. N 3 0-4 �y L_ New Work Maint ❑ Replace ❑ Y ON f t 4 2 y 2— �f L New Work ❑ Maint Replace X Y❑ N t 2. t Z FMaint New Work ❑ Replace [X Y ❑ N { I t 2 T �r,, k v New Work ® Maint ❑ Replace Cl Y [X N ( 4 Ia l E OT New Work Maint ❑ Replace ® Y ❑ N y $ t g New Work ❑ Replace Mamt ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N I Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet_ TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated and/or restoration or and/or temp frestoration restoration or I temp impact temp impacts) 133�+z impact amount) 3 �yZ temp impacts) amount) CVO Dredge ❑ Fill M, Both ❑ Other ❑ i ttl OW Dredge ❑ Fill �k Both ❑ Other ❑ H 14 Z y 14 WZ HGDredge ❑ Fill ❑ Both ❑ Other JC Dredge ❑ frill ❑ goth ❑ Other ❑ !� f I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bath ❑ Other ❑ I i I ; Dredge ❑ FlE ❑ Both ❑ Other ❑ I Dredge ❑ Fn ❑ Both ❑ Other ❑ 919-733-2293 :: 1-88&4RCOAST w v;rr.�ccoasta3rr�a�a errs .net ;eytsa'd. 32/25118 RECOMMENDATIONS FOR 2613 Middle Sound Loop Rd, Jennifer & Walter Brock. 11/8/2022 The applicants have an existing failing wooden bulkhead and the high -ground behind the bulkhead is a steep eroding bank. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marsh grass fringes. It also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The proposed bulkhead will extend no further below NHW than necessary to construct a new bulkhead. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend greater than 2' waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. The proposed gazebo and additional boatlifts are consistent with 0208(b)(6), which describes the specific use standards for piers and docking facilities. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads and docking facilities. �.+ U U L 00 a mr, Y � O � O � a � a m o N i o a E o l_D O O � V � a U �Q cu � � O 00 O � v � c cc 4� O � O v x C Z � � v a 4 m Q) 7 Ng 0 Ln � U � V 7 O cu N ice+ y O ❑ C N rn 4j QJ N N a.+ �, N Q a 00 cc rH Major Permit Fee Schedule Project Name: A l3 Mtdd le - County: I V CLJ Check No & Amount: kanovi t400.00 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas- II Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas, 111. For development that moives the tilling and/or excavation of up to 1 acre of wetlands andlor open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: M(C) - If General Water Quality Certification No 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D) _ If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Cameron Luck County: J v ' Permit ##: WIRO E-MAIL DISTRIBUTION SHEETy�,, Circle on:Permitfar: �tyum V� "I'ky ,OOversize � DCM Offices: �/� �C. Morehead City: PT (if oversize) via Couriery `�" *cc Cam & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet T *MHC documents (Cam & Amanda) Wilmington: Original hard -copy = ONLY USACE & DWR (wrro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: (Pender & Carteret Co): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet feg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: �Aolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet der - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: %Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet ------------- —---------- —------ ----------- - - Marine Fisheries: Kim Harding Z DCM Planner/WIRO: " ;Mike Christenbury Cultural Resources: �Zodney ee Gledhill -Earley Environmental.Revie1L@ncdenr.gov� Natural Heritage Pro . Butler 9 9 DCA-Rural Eco. Dev: M k Ziegler _ NC DOT: "David Harris Wildlife Resources: "Maria Dunn w/Reports State Property Office: Walton: DEED e Moser _ ands Hilliard, Real Property Agent (Bio Reports only) , Shellfish Sanitation: ` .wrerny Humphrey (Bio) / Shannon Jenkins Pt) Sharon Gupton, Admin. ndrew Haines _ DEMLR: Nl�ristine Hall - Stormwater Section _ Dan Sams - Land Quality Section Public Water Supply: V/ eidi Cox City of Wilmington: Cathryn Thurston Enforcement: Field Rep: Vt IVk4w0_1J Co. LPO ` Agent: DISTRIBUTED: Updated 10/0&122 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Jennifer and Walter Brock COUNTY: New Hanover PROJECT NAME: 2613 Middle SoundLoop NOV 10 2022 LOCATION OF PROJECT: 2613 Middle Sound Loop, adj. to Howe Creek in Wilmington DCM-MHD CITY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-28-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 11-16-22 END OF NOTICE DATE: 12-7-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 1-11-23 HOLDS: MAIL OUT DATE: 11-10-22 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 (60140)#8022 150 DAY DEADLINE: STATE DUE DATE: 12-7-22 AGENCY DATE COMMENTS RETURNED TIONS: NO NOTES DCM —Field Rep DCM - LUP Consistency Determination / Vt4_r 6"t - Local Permit Officer Z3 X 1 Civ Corps of Engineers - Regulatory Branch i he 5& ZoZZ -OZ551 ' {May,4'& DWR-401 Section DWR- PublicWaterSupply DEMLR- Stormwater DEMLR- Sed and Erosion ��I Yi Ro C v."v e,0 DOA - State Property Office , 1. Z vw cvv\ ,4 Wildlife Resources Commission ' } r. VN;D DMF-Shellfish Section yto (ov .vkcv-)� DMF - Habitat & Enhancement I. 1C ho Cpy tM twY DNCR-Archives & History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: Cameron Luck WIRO E-MAIL DISTRIBUTION SHEET Circle on®RepoPermitformOversize � County: N T' Permit #: DCM Offices: 1/I �- Morehead City: PT (if oversize) via Courier y *cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam & Amanda) _ Wilmington: Original hard -copy ,,: ONLY USACE & DWR (wlro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: (Pender & Carteret Co): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheetg Currey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ balder - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: v�heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: ��Kim Harding DCM Planner/WiRO: "Mike Christenbury Cultural Resources: �e ee Gledhill -Earley Environmental. Review@ncdenrgov _ Natural Heritage Prog. `Rodney Butler_ DCA-Rural Eco. Dew M k Ziegler _ NC DOT: Cid Harris Wildlife Resources: `Maria Dunn w/Reports State Property Office: Walton: DEED e Moser _ �N* Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: panda remy Humphrey (Bio) / /Sharon Gupton, Admin. ndrew Haines _ DEMLR: %t/hristine Hall - Stormwater Section _ Wan Sams - Land Quality Section _ Public Water Supply: vleidi Cox City of Wilmington: vKathryn Thurston _ Enforcement: Cann " j Fleld Rep( str I ` " Co. LPO "(AI - D'14wH V' fU Agent: DISTRIBUTED: 1 1 0 NOV 10 2022 I)CM-MHO C TY Updated 1 NOW2 CAMA/Shaun majors docs/e Agency List RECOMMENDATIONS FOR 2613 Middle Sound LoopiRd, Jennifer & Walter Brock 111812022 The applicants have an existing failing wooden bulkhead and the high -ground behind the bulkhead is a steep eroding bank. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marsh grass fringes. It also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (ill) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The proposed bulkhead will extend no further below NHW than necessary to construct a new bulkhead. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend greater than 2' waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. The proposed gazebo and additional boatlifts are consistent with 0208(b)(6), which describes the specific use standards for piers and docking facilities. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads and docking facilities. RECEIVr7D NOV I 0 2C22 DCM-MHO 9�IT'Y DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 9, 2023 DWR k 20221587 New Hanover County Jennifer Brock 2613 Middle Sound Loop Road Wilmington, NC 28411 Subject: Approval of Individual 401 Water Quality Certification 2613 Middle Sound Loop Road, Howe Creek USACE Action IC# SAW-2022-02581 Dear Mrs. Brock: Attached hereto is a copy of Certification No. WQC005525 issued to Jennifer Brock, dated January 9, 2023. 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 this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with orviolation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. North Carolina Department of Emimma ental Quality I Division of Water Resources 127 Cardinal Drive Ext I Wilmington, Nonh Carolinb 28405 v.:w-e cuaa iMD 910,796.7215 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 2 of 10 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-264-3285 or hollev.sniderPncdenr.gov if you have any questions or concerns. Sincerely, DecuSigneE by: E1416nijA SatA,(ltw _Ll" E3ABA14AC7DC434... Morelia Sanchez -King Regional Operations Supervisor Electronic cc: Greg Finch, consultant Greg, Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221587_Brock_2613 Middle Sound Loop Rd_IWQC_NHCo_Jan23 North Carolina Department ofEmiromnental Quality I Division of Water Reson.s 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919,707.9000 a.wma ux...qumm DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 3 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005525 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Jennifer Brock who has authorization forthe impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 10, 2022, and by Public Notice issued by the Division of Coastal Management on November 16, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Plan Location or Reference Open Water Bulkhead Backfill 0.009 acres (414 sq. ft.) Coastal Wetlands Project Narrative And Bulkhead Backfill 0.003 acres (133 sq. ft.) sheets 1 thru 4 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall not be used. Citation: 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity North Carolina Department of Encimmnemal Quality I Division of Water Resources 512 North Salisbup, Street 1 1617 Mail Sen ice Center I Raleigh, North Carolina 27699-1617 919.7079000 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 4 of 10 will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie- back systems and concrete caps, shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and adjacent surface water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that cause adverse impacts on existing wetland uses. 4. MORATORIUMS If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 046 .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 5. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 D E Q North Carolina Department of Enviromnental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 wwM�ewtim..<ono.q� 919.707.9000 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 5 of 10 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The permittee shall report tothe DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200), including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .O5O7(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC O2H .0506; 15A NCAC 02H .O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. North Carolina Depanment of Environmetnal Quality I Division of Water Resources 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 n° _ 919.707 9000 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABCS-EA060D5AA3A3 Jennifer Brock DW Rq 20221587 Individual Certification #WQC005525 Page 6 of 10 If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts an existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse Nonh Carolina Department of Environmental Quality I Division of Water Resin"CDa 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617 uwn'cuana 919,707.9000 o.wm.w as�+...eurmw� DocuSign Envelope ID: 438FBC57-24B5-45A0-ABCB-EAO60D5AA3A3 Jennifer Brock DWR# 20221587 Individual Certification #WQ0005525 Page 7 of 10 impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC O2H .05O6(b); 15A NCAC 02H .0507(c); 15A NCAC O2B .0200; 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) North Carolina Department ofEmironmental Quality I Division of Water ReaOnreea 512 Nonh Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 rawn�rm�..vei 919.7079000 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABCB-EA060D5AA3A3 Jennifer Brock D W Rtt 20221587 Individual Certification #WQC005525 Page 8 of 10 Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 0214.O506(b); 15A NCAC 02H .O507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .O507(c), 15A NCAC 02B .0201 D North Carolina Department of Environmental Quality I Division of Water Resources 512 Noah Salisbury Street 11617 Mail Sen'ice Center I Raleigh. North Carolina 27699-1617 919307 9000 .vumw� f� DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 9 of 10 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for instate rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 16. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC O2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .05O6(b),- 15A NCAC 02H .0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC O2H .05O7(c); N.C. G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to D_� North Carolina Deparrineat of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 v 919.707,9000 DocuSign Envelope ID: 438FBC57-24B5-45A0-ABC8-EA060D5AA3A3 Jennifer Brock D W R# 20221587 Individual Certification #WQC005525 Page 10 of 10 contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable far all best uses provided far in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 19. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b),- 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15ANCACO2H.O506(b),, 15ANCACO2H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. 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. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 9th day of January 2023 oocasienea by: % E3ABA14AC7DC434... Morelia Sanchez -King Regional Operations Supervisor MSK/hs North Carolina Deparnnent of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 nw° �� 919.707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)N CDEN R.aov SUBJECT. CAMA /D & F Applicant: Jennifer & Walter Brock Project Location: 2613 Middle Sound Loop, adi. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Dan Sams AGENCY SIGNATURE DEMLR DATE Nov 17. 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, Not Carolina 28405 910.79b.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Direclo, November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.l uckna.N CDEN R. gov SUBJECT: CAMA/D & F Applicant: Jennifer & Walter Brock RECEIVED NOV X 42022 MP SECTION DCM MHD CITY Project Location: 2613 Middle Sound Loop, adj. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no 6bjection to the project as proposed. "Additional comments may be attached" _ X 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. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality 11 /14/2022 North Carolina Department of Environmental Quality i Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 1 Wilmington, Not Carolina 28405 910.79b.7215 MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Jennifer & Walter Brock, New Hanover County Date: February 1, 2023 This project is consistent and not in conflict with the New Hanover County Comprehensive Land Use Plan Update. The applicant is proposing the removal of existing docking facility, relocation of existing boat lifts, installation of one new boat lift, a new gazebo, and new wooden walkways. Also, a new bulkhead and filling of coastal wetlands. The project is located at 2613 Middle Sound Loop Road, on Howe Creek in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ES, EW and PTA. Waters at the project site are classified as SA-ORW and are closed to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Residential, Conservation. In general, New Hanover County allows development in Residential and Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED FEB 01 2023 MP SECTION DCM MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02581 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Walter and Jennifer Brock Address: 2613 Middle Sound Loop Rd Wilmington, NC 28411 Size (acres) Nearest Town Wilmington Nearest Waterway Howe Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.25186111 Longitude:-77.790341667 Location description: The site is located in Waters adjacent to Howe Creek at 2613 Middle Sound Loop Road, New Hanover County North Carolina. Description of projects area and activity: The proposal is the removal of the existing docking facility, relocation of existinq boat lifts, installation of one new boat lift and a new gazebo A new bulkhead will also be installed approximately 2 feet waterward of the existing wall resulting in the filling of approximately 133 square feet of coastal wetlands The proposal is to remove the existing fixed platforms and relocate one 12.5 feet by 12.5 feet boatlift to the north, directly adjacent to the docking facility. The second existing 12.5 feet by 12.5 feet boatlift is to remain in place An additional boatlift is proposed adjacent to the southern end of the bulkhead measuring approximately 12 5 feet by 12.5 feet for a total of additions will cover and shade approximately 414 square feet of Howe Creek The new vinyl 201 feet long bulkhead will be installed 2 feet in front of the existing failing wooden bulkhead, resulting in 133 square feet of Coastal Wetland fill within Howe Creek Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number 56 and Nationwide Permit Number 3 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://wwvv.fws.gov/nc-es/mammal/manatee_,guidelines.p SEE ATTACHED RGP and NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated August 29, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 5232-1151 or Gregory.E.Currey(a)usace.armv.mil. Gregory Digitally signed by y y Gregory Currey Cu rre Date:2023.01.18 Corps Regulatory Official: y- 11:49:06-05'00' Date: January 18, 2023 Expiration Date of Verification: RGP-56-December 31, 2026 and NWP-3-March 14, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httl2s:Hre ug latory.ops usace army mil/customer-service-survey/ Copies furnished by email: Gregory Finch and Andy Dortch (Davey Resource Group) Kelsey Beachman (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) Received: 11121 /2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 22-2723 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR.gov SUBJECT: CAMA /D & F Applicant: Jennifer & Walter Brock Due: 12/5/2022 RECEIVED Nov 2 92022 MP SECTION DC" MHD CITY Project Location: 2613 Middle Sound Loop, adj. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached*" X 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. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE .; .m W Wes, DATE November 29, 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmenra(Quatlty FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) Cameron.luck(a)NC DEN R.gov SUBJECT: CAMA/D & F Applicant: Jennifer & Walter Brock Project Location: 2613 Middle Sound Loop, ad), to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. "Additional comments may be attached" 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. RECEIVED PRINT NAME NOV 2 3 2022 AGENCY V2� ��v�aJe(�� MP SECTION / ^ DCM MHD CITY SIGNATURE ( /���/ `' DATE 76?7-. rvwmcu,ouNcl �' ,..> o" North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM. Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.00v SUBJECT: CAMAID&F Applicant: Jennifer & Walter Brock RECEIVED NOV z 5 Mo MP SECTION DCM MHD CITY Project Location: 2613 Middle Sound Loop, adj. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE ir'11-k &- DATE 11 /15/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETHS. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR aov SUBJECT: CAMAID & F RECEIVED DEC 022U,i MP SECTION DCM MHO CITY Applicant: Jennifer & Walter Brock Project Location: 2613 Middle Sound Loop, adj. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boadifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'` X 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. Private Use PRINT NAME Wanda Hilliard AGENCY State Property Office z, SIGNATURE 11, G,, Jo DATE —December 2022 D p �n North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 NORTH CAROUNA Environmental Qualiry C.22.II. W.02— FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck0NCDENR cov SUBJECT: CAMA/D & F Applicant: Jennifer & Walter Brock RECEIVED DEC 082022 MP SECTION DCM MHD CITY Project Location: 2613 Middle Sound Loop, adt. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts wkh the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" 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. PRINT NAME *ftr 1 • _t.:)lxnn AGENCY NC,t ?_C_ SIGNATURE S DATE 2,Zi7Z North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 10, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDEN R.gov SUBJECT. CAMAID&F Applicant: Jennifer & Walter Brock Project Location: 2613 Middle Sound Loop, adj. to Howe Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to remove existing docking facility, relocate two (2) existing boatlifts with the addition of one (1) boatlift for a total of three (3) boatlifts, install new gazebo & walkways and install a new bulkhead 2' waterward of the existing, resulting in approx. 133sgft of coastal wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 7, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached"* X 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. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /l�htt42'Le¢2 Yr�`` DEQ� o:�s.n'a E,to,w.ai aar� DATE 12/2/2022 RECEIVED DEC 022022 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215