Loading...
HomeMy WebLinkAbout8-23 Sheehan, Allison & JeffreyPermit Class Permit Number NEW 8-23 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 Allison and Jeffrey Sheehan, 305 Beach Road N, Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to Middle Sound, at 305 Beach Road N in Wilmington , as requested in the permittee’s application dated 9/15/22 (MP-1, MP-2), including work plan drawings (3) Sheets 1-3 of 3, dated 9/19/22. This permit, issued on January 17, 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 January 17, 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 Shoreline Stabilization - Bulkhead Replacement 1) 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. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for Additional Conditions) Allison and Jeffery Sheehan Permit No. 8-23 Page 2 of 3 ADDITIONAL CONDITIONS 4) 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. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) 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. 11) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) 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. 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 15) 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. 16) 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. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Allison and Jeffery Sheehan Permit No. 8-23 Page 3 of 3 ADDITIONAL CONDITIONS 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 Nationwide Permit 3 (Action ID SAW-2022-02349). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5465 and assigned the project DWR Project No. 20221454. 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 APPLICANT'S NAME: Allison and Jeffrey Sheehan c/o Daniel Shirley 2. LOCATION OF PROJECT SITE: 305 Beach Road North, Figure Eight Island, New Hanover County adjacent to Middle / Topsail Sound. Latitude: 34016'58.20" N Longitude: 77043'51.60" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/19/2022 Was Applicant Present — No (Agent) 5. PROCESSING PROCEDURE: Office — Wilmington Application Received 9/18/2022 DWR WQC Pre -filing date: 9/13/2022 Application Complete )g 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 Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — none Planned — NA (F) Type of Structures: Existing — wooden bulkhead, pier, and floating dock for a total of 2 slips Planned — New vinyl bulkhead 2 feet in front of existing wooden bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 100 ft2 (B) Non -Vegetated Wetlands (Open water) 212 ft2 (C) Other — High Ground 2,120 ft2 (D) Total Area Disturbed: 2,432ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Open 8. PROJECT SUMMARY: The applicant proposes to construct a new 106' vinyl bulkhead with 6' wingwalls 2' in front of the existing failing wooden bulkhead resulting in 100 ft2 of Coastal Wetland fill within Middle / Topsail Sound, 305 Beach Road North, Allison and Jeffrey Sheehan Page Two 9. PROJECT DESCRIPTION The project site is located at 305 Beach Road North, on Nixon Channel in Middle Sound in New Hanover County According to the applicant, the parcel located at 305 Beach Road North has a maximum elevation of approximately 20' above normal high water (NHW) and is approximately 0.32 acres. The lot is undeveloped with the high ground vegetation consisting primarily of natural coastal scrub vegetation. The adjacent riparian parcels both have single family homes with bulkheads and docking facilities. The project site has approximately 105' of shoreline frontage, currently stabilized by a wooden bulkhead that approximates NHW. Patches of Coastal Wetlands are located directly waterward of the existing bulkhead measuring approximately 10' comprised mostly of salt marsh cord grass (Spartina alternaflora). The existing docking facility was permitted though General Permit 72309D issued on 8/3/2019 to Middle Sound Creek, LLC. The current wooden bulkhead was already existing on the shoreline at the time GP 72309D was issued. From the high ground a fixed access pier measuring approximately 6' by 23' extends waterward perpendicular to the shoreline with a ramp onto a 8' by 24' floating platform oriented parallel to the shoreline (see Drawing 1 of 3). No other permit history was found. 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 Middle / Topsail Sound in the project area are classified SA 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 OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new vinyl bulkhead 2 feet in front of the existing failing wooden bulkhead resulting in 100 ft2 of Coastal Wetland fill within Middle / Topsail Sound. The applicant proposes to construct approximately 106' of bulkhead with two 6' wingwalls 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 100 ft2 of Coastal Wetland and incorporate a maximum of 312 ft2 of Public Trust Area (see Drawing 2 of 3). No changes are proposed to the existing docking facility. During the site visit with the agent on September 19, 2022, it was noted that several areas behind the existing bulkhead are losing sediment and the wood at the waterline has deteriorated. 10. ANTICIPATED IMPACTS The proposed new alignment would result in the incorporation of a maximum of 312 ft2 of Public Trust Area, 100 ft2 of which is Coastal Wetlands and 212 ft2 would be open water. As proposed, the 106' new bulkhead would be constructed directly in front of the existing bulkhead, a maximum of 2' waterward of the existing deteriorating bulkhead. Approximately 2,120 sq. ft. of high ground area could be disturbed for bulkhead installation. Minor increases in turbidity should be expected during project construction, Submitted by: Kelsey Beachman Date: October 18, 2022 Office: Wilmington RECEIVED Overbeck Marine Construction, Inc OCT 07 202'2 3506 Tall Pine Ct. Wilmington, NC 28409 DCM WILMINGTON, NC Danielna,overbeckmarine.com 910-386-8883 September 15, 2022 Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Application for Major Permit 305 Beach Road North Wilmington, NC 29411 To whom it may concern, On behalf of Allison Sheehan, we are applying for a CAMA Major Permit to install a new bulkhead on their property at 305 Beach Road North as the project will be impacting 100 sq ft of coastal wetlands. The existing bulkhead is failing and we are proposing to construct the new bulkhead 2' waterward to capture the existing bulkhead and reduce further impacts to the wetlands. The new bulkhead will be 106' with 6' wingwalls. All proposed work is consistent with current DCM regulations and is within the riparian corridor and will be constructed according to all current local and state building codes. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. 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. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Sincerely, Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com RFGEIVFED OCT 0 7 2022 APPUU11ON%r DCM WIL N, NC Major Dorolopmoot ft mll M.wlmdI R>wq North Cerollne DIVISION OF COASTAL MANAGEMENT I. PrbnwyApplkwWlarMowwW mWon -------_-- — Bus►es= Naens Peter Na (11 mpPmb) Sheehan Project APPkAM is Her Nems rr Lar Pin Allison Sheehan APPsoara 2: FYr Name w tar Nsns anderaaulepparanb,pbW~an adAb1 paae(a)aAb rea warea Mrre2 Adacaets Pomm Cay sir. 305 Beach Road N Wilmington NC 21P Gamey Ph"No. FAX 28411 1 New Hanover I - - a& - 8trerAddress(rdnenr8omabm) ay sage zP 305 Beech Road N lirntrylon I NC Emaa allisonsheehan@nia.com 2 Agw&Cw*vctorinlommftn amka Nrems Overbedt Marine Construction AOs WO aadw 1: Far Hams Dar" MI lar Name $tilde)/ Ag"Canbadw t Hear Nuns ml Log Name MribV Ad*m PO am 462 Cly WrightTARe Beach able NC MP 28480 Ph" No. i 910 386-6883 .e Phone Tim 2 eau FAX No. cortmaor IF Sblr Addrew (rdaNralamn ab") sm+ nP Eraea Daniel@overbedtmadne.com worm continues on beck* 282-00a.2800 n 1.88S.4NCOAST n www.neconstalmana8amani.nal Forrn DCM MP-1 (Papa 2 014) APPLICATION for MaW Development Penh J. Plojoh I LOCaVan - s.r Na ► - New Hanover 305 Beach Road N SWadrm Name ct, 6bM Zb 1ilmington �NC -28480 Pram No. LOI No.(s) fa nary, dadr wbtl m f pap wm awl sat a. in NC 0.. hashb fa p4wl bore? b. Nwo1bodydwatvrrrs1Opwmdprc00 wHl iE OAK Nixon Channel G-eek C b wUW body tdwrd der (b) a' n raWW w rwsw67 d Nwro Br char meter wrrr bdy b sa propo♦A poled me. *�'rr []Mwt1Om OU do r Alliddle Sound 0. 1e ftd work wthsr dry krsb a paartq tu4.fO6m7 t N sppkabb, ar to plwvrV Irrdafcam or dy *M 8n pmpo ed &/ea (]NO work fdb wlhb. NEw llkn dutK Cum 4. Site Dmcriptlon — e ToWbrpard eurekaoo-rt trovacr(FL) B f+- 0. Sme d erne baet(sgfL) O 14000 sq ft a Sae of k4vidglb((s) d App®dmeaeebvakm at tad sbrae NNW(froynd fth*uW)or NYYI. (rarnd mar NNWaDwk-20' above NHW svwe,wlnaew) e. Vegrwon m bad Natural Vegetation }. Manmde baerra and urea nweon lrad Vacant Lot, Bulkhead, Dock g. tdary srd desoiDoft eretrrg land uses et ppa[LLBro M popmd poled rife. Residential h. How does lost Bmm®ml ma to f a? L 11ba-pe PaMrd®sSlYmdhBs appi�le m897 R-205 (Amdrm+000 paacea.ttab ifii�^) EA. I]Ne DNA I ktwr g d adivilypaddanobar waWMmdnropr1WrpoP30l7 orys k. flea a pru(sms, W wdraadognf Armed been done for as M 17 a yea, Arbdl a copy. ❑Tor 06 [INA 8 Yea, by wlssn7 L btippoldY�dlna ltruar Reg�wdladbOatrfd ar does8swdea Moo &040 EINA NatorW Register asbd or eapLle poparly/ worm COrd(r ues on nmd pages Lj I=(-1=R/F["I 232-908-28DB a 1488.461COAST ra www.nccoaatalmonagement.nal OCT 0 7 2K2 DCM WILMINGTON, NC Form DCM MP-f (Peae 3 of 4) APPLICATION for Major Development Permit M. p) Me fwrs Welbb m to 011*7 Om - IV) Ms fun an41 wiards on fw on? lad'- ONO R If Yes to sefwr 0) Of M above, hss ■ dalhssdm Boon amdtdad7 Ore. otirb pnsd, daa.mvftkP. f nslabb) n. Devpe 44dep esreu��thrL.a CFPUA o Do ikbe aAu6q AaeAq suer e:ONY awrce. CFPUA p. Dsenbe wh Wp etam mew mwug,neas w ewe gr'ra S. ACOWAN and &Mmnft c YAII fw Proleci be for mmr wdd, PW or pMsl, uw7 erf b. Cfhm a briar deeaipem dpurp®,uee.sddefyapem"dfwpa(ep wlhah mnfilb. C. Dec.Le Ow Pry m®uroah rrwfadtr9Y, types or ovmkhor aP*naf Ip be seed Sant aaefudan, fw numb r d 6wh type d a4iVma mid Nam a isinbe abred /ti t�l 6-,Kri�A/s12` /C�YT oN StTti— d. tm All devtlopram cOw6im you pmpae. construct new bulkhead 2 ft watelward of existingfailing bullhead. Using fill between the two. Installation will impact 100 sq ft of coastal wetlands. e. Am fw pmpoaed ersridss mantaanaf of an effitirp prc)eft mm wodl ar bolb7 I. YVba Ytla.iProuu.e.til dd~ bid sma reaiq.va to pupand pmool? 100 R poAcee 9. YNII fw pmpm d project .=adh on oy pudic a®ne.A pubic aaeea ey or ofw ores Orsa PeONA fua fw pubic Inc asubfi al oce oft bo"ch and type d I n aid prapa.wd amtAges nbra of to saw /i1O tVG I wepawawrpemr�meaertw d'6dterpedabaedlad7 Ores ONA 8 yes, -I tl:s dsd>er9ed ermrer be ofeb mro ea fw rejig heobrl Ores ONB/DNA ( Is faro arty nftafnn propmed7 Ores KNO ONA If yek attach a rr069210m propmal. <Form Continues on back). RECEIVED 202-600.2808 r: 9.088-4nCOA8Y r w w.nccoeseslrnsn Q&6Qnh7.9QLL DCM WILMINGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional lntbbmation— tn tlnM b thb awrpbrd4rpBdow bm(M r) to' Y4PPB:abIA narabowbesasyih ortM brtw soir�v 1111 Waves ssslt�bh bh:rayt m Isow b pryslypps M rgM�rw bhrbw. a. Apruled narrative. b. An Manta**.I work 00(kairdrV plan Uowad ao.oawforwl drar.YW cliam bwalle. P1uu pAe tw Premt drw m ngh4 pra4 AwYV to adbV dh bantam wok mreplMad and PvpcaW. C. Ado or laoOm Cop thY Is v16rY/AAalld to PAo PcY Pnvsat wbrtrr rWr f• solo b ti ors. d. A Copy or to dud t'edlin ebb 11he chaos to to M afttad pnpw%r e. Ths epproprlato s4picwkah k s, Check or naW mdsr nods payable b DENR. t Aid of h mars ant mrsrr Rhkaaaaa cl fr w}cwa waaaaat (Nohnit as P)d 0r1 rich o M have reh>sved a copy of sw i p&=Mwrwd pko by oaaladmmo. Such kpdt navel be wind i hw they love 30 Nye In wfidl to sub a conwwb m the pigo•dygnd to We DAWN of Coadl Mrhyarms. Hams Dovb A Pemels SpM1Ws Rot No. Address 3605 Team Dr, GarambI NC 27410 Name Elwood Coley Jr. Tr xtw Etal. Ph" No. 213 E Frsrddin St 0304 Address Ch" NO. NC 27514 Name Pores No. Address p. A set of pre%ims sdu or %d" peon w' a work m ti PWwd tract ►olds perrilhvrAsa Pwand dr:q dews. h. Shprwd aemutwt W agent alsvoaturvfDn7% B app abb. 1. Worland deiwdbh, a ns>®sry. 1. A sips) AEC hmd notes br prajmJs b aumtort o d elm t ee (m o bes/b ayOspsA'onnr7 atdwnera Conpesnce wNh fro N.C. 6Mrc, . Pobcy. Ad (N.C.G.S. 113A 1.10), t uoavy. t tw pooled brmlvae mpw�dtum c pubkc ksds a base of public lendA atach a mea.va d.anvohp mnrpiwae haih tr Nwth tihiw Ernkashwrol 1'oscy AGt. to Enter on Land I understand Met any permit Issued In response to this application will slow only the development dasoDod in the application. The project will be subject to the conditions and restrictions contained In the permit. I cettly 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 pmjecL I further certify that the idemaibn provided In this application Is truthful to the best of my knowledge. 9115/2022 Date Print Name Signature Please Indicate application attachments pertaining to your proposed project- E16CM MP-2 Fxcavatlon and FlII Information ❑DCM MP-5 Bridges and Cutveds ❑DCM MP-3 Upland Development ❑DCM MPA Structures Information RECEIVED 282-BOB-2008 :: t-B88.4ROOAST h: www.nccomatalmingArA/e N?11 OCM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for brMi watt eubmrts) jjECEIVED OCT 07 M2 DCM WILMINGTON, NC Attach this form to Joint Application for CAMA Major Permll, Form DCM MP-1. Be sum to wmplote as other sections of the Joint Application that mlats to this proposed pm)od. Plastic Include all supplemental Inlonrudlon. Describe bobw the IaPhee of prepo 1 eswatioo wKft M aehiges. AB hrs' a- o , be gMn In foal Access Other Channel (NLW or card Boat Basin Boat Ramp Rock Grob Back Breskwabr (excluding ahorallno NWU alabigxallon Length Width Avg. &"ng NA NA DepthANA Final Project NA Depth 1. EXCAVATION Aefde aec*n not applicable a. Amount of metedal b be e>Icagted from bebw NNW or NWL In b. Toe of materiel fa be eacavekfd. tubas yards. G () DOea the ems b bs eacavaMd khCklde OaasYi wNkrhdehnarah i M. ftwgohe(aWdc (SAV), shell' ,' I (Slij any bmms are docked, provide ale nanbw Of saws fast seeded. OM EISAV OSa _ OwL ONone @) Desribe the purpose of the ewuvadon in doss areas: 2 DISPOUL OF a. Loeeaonof deposal a p)Doyw dakn Eflefadspeaal area? Oyes ONO ONA (d) ono. attach a Ivor iiwang pomdsdm fmn the mow. e. () Does the deposal rsa kreaude any coastal wellardehnanh (CW). submerged apuaso vegetation (SAV), "I hoarn (SB), o other wedrds(1 ? a any boxes are codmd. provide the bdod paw a DSAsquano lostV pee OWL ONoo ( DDesobe the purpose of disposal In these areas: d. High-ilmuhd ascevallon In cubic yards. aedtan not appleable b. Dinonslns of deposal area. d. W WEe Ialeabo"WaefurfaWmrndmwwm? Oyes 0No Om (g) If yes, WIN"? f. (1) Does to disposal Include any area in the water? Oyes []No ONA (r) It yes, low much wdw area Is alfectoo 15Dt/;'. 2QOk 1-t 1,,',W.0.4 F _ .., -_i La±:n+jamcIII -not rr vhad; 12,2rI 06 RECEIVED Form DCM IMP-2 (laoavafson and Fill, f•a0a 2 of 2) SHORELINE STABUZATION (fA devetbpmevil Is a wood glob, use AfP4 - Sfr duets) a r of Vlore" araderatm: 9u0Aead DROV ODreakwavitian Do1Mr: c. Average assorts wusmld NWU e. Type olnadtraton msbdal; T/M1'S� iiwrt..+.e OCT 07 2022 Wk1h: 2 d. NW NWL: �1 1. (Ij Nu faro Deon dhotetre orodon Mdlq TeceeM 12 mardbTt�(u/ Ely"vM0 ONA (11) t yes. elate articles of Woelon "source of erosion amount Inbrmaton. g. Number of square �(g�evl of All to be placed below water level. h. Type of All material. BulkhWdbaddill LyC Row efuln"br5ln__ other C.•.....,_..,...___......__....____.. I. Souhceof Rllmatedal. Local business - Evergreen Clearing 0. OMER RU ACTIVITIES ti 5"aeef/on rot eppdceble -(�fy Shoratre Smdf veil) a Q) Win M1A telrial be brought to fa Me? vas UNO UNA It, (I) Wit fill material be placed In coastal wetarhddrnarsh (CIN). t yes. submerged aquatic vegetation ($AV), shell bottom (SB), or pl) Amourd of material to be placed In to water _ other wntlards (WL)7 t any boom are checked, prmide Ills (l Dimensions of All area runtow of square bet etbded. (IV) Puryose of fin OCW OSAV _ OSB _ OWL ON" 01) Describe to purpose of fie fill in these atom: S GENERAL a Row will excavated or All materiel be kept on site and erosion aallolledi 3�-uiFergA o (1) Mit cal aids be required as a remit of the pro)ed9 Oyes 4ND ONA (t) If yos, explain whal type and how they will be Implgmenled. Dab 9/15/22 Project Name oo� ulicw�oyu�poan.oiiuo usw,o.y.,wuyuw badrhlhoe, oe, or hydraulic dredge)? h IN) 6X'CA4 &jVK d. (I) No wetands ossed In Pa�orthg egigtmad topm)od SRO? Oyes API" EINA (II) t yes, explain steps that will be taken to awid or minimize ww1raernental impacts. AppY'st Nanw ,.m.... ravnsedi A Z129106 Beachman, Kelsey From: Overbeck <daniel@overbeckmarine.com> Sent: Wednesday, September 28, 2022 8:11 PM To: Beachman, Kelsey Cc: MacPherson, Tara; Meredith Crow Subject: Fwd: [External] Fwd: 305 Beach rd N Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thank you, Daniel Shirley Overbeck Marine 910-386-8883 RECEIVED SEP 2 9 2022 Begin forwarded message: DCM WILMINGTON, NC From: "Snider, Holley" <holley.snider@ncdenr.gov> Date: September 28, 2022 at 5:23:54 PM EDT To: Overbeck <daniel@overbeckmarine.com> Subject: RE: [External] Fwd: 305 Beach rd N You will not receive a reply message. You may submit the application to DCM once the 30 days has ended, in this case 10/13. Contact your field rep for clarification on when they can accept the application. HolleySnider.-' ><((((°>.' ...,,..><((((°>..'- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 oopwlmnnf N fmvMnnwYl PwNy 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Overbeck <daniel@overbeckmarine.com> Sent: Wednesday, September 28, 2022 2:53 PM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: [External) Fwd: 305 Beach rd N CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an l attachment to Report Spam. Checking back on this. For some reason I didn't receive a reply message. Let me know you get it so I can finalize the major. Thanks! Thank you, Daniel Shirley Overbeck Marine 910-386-8883 Begin forwarded message: From: Overbeck <daniel@overbeckmarine.com> Date: September 13, 2022 at 2:34:55 PM EDT To:40lPreFile@ncdenr.gov. Holley Snider <hollev.snider@ncdenr.gov> Subject: 305 Beach rd N Request for prefile to install new bulkhead in front of existing (200 ft2 impact to coastal). Thank you, Daniel Shirley Overbeck Marine 910-386-8883 ROY COOPER Governor ELIZABETU S. BISER Secretary BRAXTON DAVIS Director Allison and Jeffrey Sheehan c/o Daniel Shirley, Overbeck Marine 3506 Tall Pine Court Wilmington, NC 28409 Dear Mr. Shirley: NORTH CAROLINA Environmental Quality October 18, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Allison and Jeffrey Sheehan, for State approval for development of the subject property located at 305 Beach Road North, adjacent to Middle / Topsail Sound, in New Hanover County. It was received as complete on October 12, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 26, 2022. 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 12, 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. Sincerely, Kelsey Beachman Field Representative cc: Cameron Luck, DCM Holley Snider, DWR USACE Allison and Jeffrey Sheehan, Applicants Christine Bouffard, LPO Q^v North Carolina Department of Environmental Quality ! Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension i Wilmington. North Carolina 28405 o<c+anmaermo�..�mwxin 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director October 21, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality Allison & Jeffrey Sheehan Hello: Please publish the attached Notice in the Wednesday October 26, 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. If you should have any questions, please contact me at our Wilmington office. K. cc: MHC Files Cameron Luck — MHC USACE Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I W1lmingtun, North Carolina 29405 +++� 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 CAMA: On October 18, 2022, Allison and Jeffrey Sheehan proposed to construct a new 106' vinyl bulkhead, 2' waterward of the existing bulkhead resulting in I00sgft of Coastal Wetlandfill at 305 Beach Rd North, adj. to Middle Sound on Figure 8Island, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 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 November 16, 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_E Q� 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 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized 305 Beach Road N Wilmignton, NC 28411 Allison Sheehan allisonsheehan@me.com Daniel Shirley - Overbeck Marine Construction to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at c`ja!5; Zt Auf rl�S1K—b W V E I lr in County. I furthermore certify that I 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: Allison Sheehan Owner Signature Print or Type Name Title 5 I?l< 12z, Date This certification is valid through I RECEIVED OCT 0 7 2022 DCM WILMINGTON, NC .. , uiviolON OF COASTAL MANAGEMENT AUJACEN T RIPARIAN PROPERTY OWNER NOTIFICATIONANAIVER FORM RTIFIFO MAIL I TURN RECEIPT R O" T D or HA DE IVERY (I op portion to De completed oy owner or their anent i Name of Prppedv Owner. Allison Sheelidn Address Of Pmpedv JUb Heach Road N, Wilmington, NC 28411 Mailing Address of Owner305 Beach Road N, Wilmington, NC 28411 . _._ Owner's email: allisonsheehan(b,Jme.corr_ owner's Phone# Agent's Name Daniel Shirley - Overbeck Marino Cansduclion Agent Phone#: 910-385-8883 Agent's Enuill: "anlel@overbeckmarine.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion lo be comploted by the Adjacent Property Owned i iereoy certify that I own property adjacent to the above referenced property. The Individual applying (Of this permit has described to me, as shown on the attached drawing. the development they are proposing. A de�s c.n tiom6r drawing with dimensions must be Provided wAh Ibis teller. V I DO NOT have objections to this proposal. — I DO have objections to this proposal. U you have objections to what Is being proposed, YOU must nomy ury r•.... �.••�•�•• -• ------ Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be matted to 127 Cardinal Drtve Ert, Wilmington, NC 28405.8845. 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 Mall. WAIVER SECTION i understand [hat any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 1V from my area of riparian access unless waived by me (This does not apply to bulkheads or r prap revetments). (If you wish to waive the setback, you must sion the approoriale blank below.) / I DO wish to waive sometall of the 15' selback I(///i- Signature of Adjacent Riparian Property Owner I do not wish to waive the 15' setback requirement (initial the! lank) ` Signature of Adjacent Riparian Property Owner. Typed/Printed name of ARP.r. yJAVI Mailing Address ofARPO: 1V I �('fVN-►s��1`� ARPO's email: ARPO's Phone#: 6vCC41t y1t+W I� / NL Date: 2 w -waiver Is valid for up to one year rrom ARPO's Signature' Revised July 2021 RECEIVED OCT 07 2022 DCM WILMINGTON, NC RECEIVED Project Notification Confirmation: David Sprinkle OCT 0 7 2022 309 Beach Road N DCM WILMINGTON, NC RECEIVED `LC. DIVISION OF COASTAL MANAGEMENT nnrrT O 7 ZOZ2 ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER F017M CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) DCM WILMINGTON, NC Name of Property Owner Allison Sheehan Address of Pmperty. 305 Beach Road N. Wilmington, NC 28411 Mailing Address of Owner, 305 Beach Road N, Wilmington, NC 28411 Owner's email albsonsheehan(Lyme.com Owner's Phone# Agent's Narne.Daniel Shirley - Overbeck Marine ConstruclionAgenl Phone#. 910-386-8883 Agent's Email Daniel@overbeckmariiie.com overbeckmarine.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owners hereby certify that I own properly adjacent to the above referenced properly. The, individual applying for this penrnl has described to me, as shown on the attached drawing, the development they are proposing. A descn lion or drawing,with dimensionsm isr t 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•3845. 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 1 , I { - Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Properly Owner. ^� l Typed/Printed name of ARPO: _1 � 2 lI Mailing Address of ARPO: Z (�a�J rr ea (1►�j t31 171�� ry ARPO'semail: trtDj92tA (a 1RPO'sPhone#: 40.7-754 •O(Id 7-7!5)�) Date: I�r waiver is valid for up to one year from ARPO's Signature' Revised July 2021 Project Notification Confirmation: Edward Coley �jper-wED 305 Beach Road N •j ZOZZ OCT 0 DCM WILMINGTON, NC O'Ills', 1I 70 dM USPS T,M 'NV.W un1 Product Tracking & Reporting nr.vo:n a>/w.I„Iry 0"', PTO, MW uavx co,po,xm saacwlc USPS Tracking Intranet Delivery Signature and Address Treeddra xumN/::}j{NIa u0111ap IM IMd Md G111wrM m OW V202211 IIM 00 a RJ,�� m TrrA'yp w HILL, NC 27514 F.W bl3 "error .WWOe .. Se1M S... Type Wia Surm I twh t._ 0 pmOuq >?4 TraUn9Sxe0U a veneer, a ra 0 m z 0 0 0 0 .a S .. .... ee.rSilfMMl4DJINBIdMINxRYl1 il] R co oa cm LD IL a) 0 0 J-1 CL Q �� Q le u % u 0 c --Mzzzc--2 r_-m & ] \. \\ ® 22 ) 4 W ■ k�. Ao�` ®'� % %% \ � � » SHEC)JAAJ 3oS PXAC�E iZD N NC qsLil( 8 )ZOLANJ> P)u Ii(os ,41rgc,A.100 Fr 2 F COaS*Al— NC7-t*VPS AP,P2oX, S;C 36- ATE 6 6 I ,3e,\g-ID Ar'f'R0 &a--- A&E) N_ G ON polo 0\-w4G, 8° K 2ti ' x b E A D Al A A Nlc W A Lt— jSTrfvio +3Lu-Kr4&s}ia � Ew R�.l-�ci�r�•� Z T.v F;VA� i OF pA&EE 3 or3 Book 6563 Page 976 O(j p'1 TpTl \)co 0� M\NGI ON �Ac BK: RB 6563 P0: 974 - 977 RECORDED: 05roermn 03:52:08 PM BY: SAMA R SPEAKER DEPUTY NC FEE $M.00 2022017665 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH PNER REGISTER OF DEEM EXTX $8200.00 ELECTRONICALLY RECORDED submitted electronically by "Ragsdale Liggett 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. DEED Parcel: R03814-002-004-000 Revenue Stamps: $8,200.00 ❑ If checked, the property includes the primary residence of at least one of the parties depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED, made and entered into this theny 'day of May, 2022 by and between MIDDLE SOUND CREEK, LLC, a North Carolina limited liability company, party of the first part (the address of the party of the first part is: 3348 Alleghany Drive Raleigh, NC 27609); and JEFFREY B. SHEEHAN and wife, ALLISON B. SHEEHAN, parties of the second part (the address of the parties of the second part is: 3209 Millstream Place, Raleigh NC 27609). WITNESSETH: That the party of the first part in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to said party paid by the parties of the second part, the receipt and sufficiency of which hereby is acknowledged, has bargained and Prepared by Justin M. Lewis, Esq., Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Justin M. Lewis No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title from Ward and Smith, P.A. This instrument prepared by Justin M. Lewis, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Book 6563 Page 975 O�j p'1 1p21. GM�`�MtNGSON NC D sold and by these presents does bargain, sell and convey unto the parties of the second part, said parties' heirs and assigns, the following described property, to wit: All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference. This conveyance is made subject to utility easements and unviolated covenants, conditions or restrictions that do not materially affect the value of the Property and ad valorem taxes for the current year, which taxes the party of the second part, by acceptance of this deed, does agree to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the parties of the second part, said parties' heirs and assigns forever. And the party of the first part covenants that said party is seized of said property in fee and has the right to convey same in fee simple; that the same is free from encumbrances except any encumbrances or restrictions mentioned above and that said party will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal and in such form as to be binding, this the day and year fast above written. MIDDLE SOUND CREEK, LLCC (SEAL) By: ` e,-j David W. Knight, Manager Book 6563 Page 976 OCR 4.1 2�11. fjGMN11�MWC'10N NG STATE OF NORTH CAROLINA COUNTY OF We, %w I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: DAVID W. KNIGHT. Date: SillialmFeofNotaryPublic N ary's Ointed or typed name My commission expires: 02 / 9 /211 ,`pnn4q r1 \y BROl1;� Q piAFj COU,.. Notary seal or stamp must appear within this box. ND:4866.3093-4813, v. 1 Book 6563 Page 977 EXHIBIT A All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described as follows: BEING All of Lot 305, Section 17 of the Property of the Figure Eight Island Company as shown by map thereof recorded in Map Book 13, Page 50, New Hanover County Registry, reference to which is hereby made for a more complete description. Being the same property conveyed by Warranty Deed recorded in Book 1513 at Page.455, New Hanover County Registry and also described in a, deed recorded in Book 1949, Page 336 in the aforesaid Registry, and having the Tax Parcel Identification Number R03814-002-004-000. SUBJECT TO all of the terms and conditions contained in the Restrictive Covenants recorded in Book 933 at Page 286, New Hanover County Registry, as amended. TOGETHER WITH a right -of --way in common with others over, through or upon streets and walks shown on the above referenced map and any and all existing streets and walks providing access to this tract. This being the same property described in the deed recorded in Book 6166, Page 1650 in the office of the Regsiter of Deeds of New Hanover County. CpCiJ�{i\\I f-V �OM��uM�NO'i Off, Ct�, Beachman, Kelsey From: Beachman, Kelsey Sent: Friday, September 23, 2022 2:56 PM To: Overbeck Cc: MacPherson, Tara; Dail, Jason Subject: ADDITIONAL INFORMATION REQUESTED - 305 Beach Rd N., Wilmington ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS— 305 Beach Road N., Wilmington NC 28411 Hi Daniel, DCM received your CAMA Major Application request for a replacement bulkhead 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: • Include the two statements for the DWR Pre Filing Request " The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. " "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. " • Please update narrative and MP forms to reflect bulkhead length and wing walls on drawings • Please send DWR pre -file email confirmation MP 1 • 3(b): Change name of nearest waterbody to Nixon's Channel Creek • 3(d): Change name of closest major water body to Middle Sound • 4(d): Identify either the elevation of the tract above NHW or NWL • 5(d): Please elaborate further on the details of the proposed project, including any impacts to the coastal wetlands on site • 7: Please date the application 3(i): Please specify the location in which the fill material will be sourced from 5: Please date the application Work Plats • Please indicate the exact areas and dimensions of fill (Page 2 indicates 100 sgft of impacted coastal and Page 3 says 200 sgft) Other Required Information • Please provide documentation that confirms project notification to the adjacent riparian neighbor at 309 Beach Road N. • Please provide a $400 check payable to NC DEQ for the application fee Pre File Request DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Allison & Jeffrey Sheehan COUNTY: New Hanover PROJECT NAME: Sheehan Bulkhead LOCATION OF PROJECT: 305 Beach Rd. N, adj. to Middle Sound on Figure 8, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-7-22 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: FEE REC'D: S400 (60/40)#5591 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 10-26-22 END OF NOTICE DATE: 11-16-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-26-22 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 10-21-22 STATE DUE DATE: 11-16-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS 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 DNCR—Natural Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet AEC: ""`-"" �16 'v kW Fee: $ (kvv tt W I CDAITS MHC cc Applicant: Agent/Contractor: DX)n'11 S .t Project Site County: QP Staff: a District: Wilmington Project Name: Rover File: n/a River Basin: Initial date of application submittal: (� g ZO 2-Z Date application "received as complete" in the Field office: 0 Ar7— ZO ZZ SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes KNo I PNA: DCYes ❑No Photos Taken: Yes ❑ NoV1 Setback Required (riparian): ❑Yes ❑No Critical Habitat: ❑Yes ❑No ❑Not Sure 15 foot waiver obtained: ❑Yes ❑No Hazard Notification Returned: ❑Yes ❑No SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes ❑No ❑ Not Temporary Impacts: ❑Yes ❑No Sure Sandbags: ❑Yes ❑No ❑ Not Sure Did the land use plapsification come Mitigation Required (optional): from county LUPYes ❑No ❑Yes ❑No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA I p,�- FT. Ilfish Area Designation: Project Description: (code) Development Area: (code) 9Sh pen -or- Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina Iter ' ora) cynbsuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE \ A ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 1acreS4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Apr )cc Date Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One ` 1l New Work Replace / O r t ^ 1 Maint ❑ Y ❑ N New Work ❑ R place Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tempp impacts) impact amount) temp impacts) amount) WDredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other Z I Z.o j'j' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1.888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/26/18 RECOMMENDATIONS FOR 305 Beach Road North, Allison and Jeffrey Sheehan 10/18/22 The applicant has an existing failing wooden bulkhead. 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. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for bulkheads and upland development. mo Y �-1 O U 43 S Z � Z � � N W N Li N CO J� a Ql O LL M C O LL C G O � y� l0 Ln O tJ p a u L Ojo vLn � U rn Z Ln L '00 L � O O � � Z L L OJ aa) a L v� �a u v U t � 2 U O 'O 2 O 4 v O cq Ol N '= N 00 C O c-I Major Permit Fee Schedule Project Name: 5VleehCL" 'BolKheod Pcojec�- County: N� �cvri,ajer Check No &Amount�' `�'C15�a � 4�'. (D o Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($O) 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: - III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below 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: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $40 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns relate water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applie $400 60% ($240) 40% ($160) 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: r4j -- Permit #: WIPO E-MAIL DISTRIBUTION SHEET Circle o :Bio Repo Permit for: 11 e'I Wt ��"X ►C'�� �� ` �1` Oversize Plans sent: ,R� r� DCM Offices:,, / Morehead City: PT (if oversize) via Courier J *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 (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: der & Carteret Co): PN, CL, Reports, Split Sheet -- use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ Vreg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: �(olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet --Honey Snider- 401 (PN/ON —Surf City): PN, CL, Reports, Split Sheet_ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet -- — ---- --- - ----------------------- ----- ------------ -- - ------------ Marine Fisheries: ✓KKim Harding %Mike DCM Planner/WIRO: Christenbury ✓Renee Gledhill Environmental.Review@ncdenraov_ Cultural Resources: -Earley Natural Heritage Prog. ,A odney Butler_ DCA-Rural Eco. Dev: Ark Ziegler NC DOT: David Harris _ Wildlife Resources: ria Dunn w/Reports _ State Property Office: T;'m Walton: DEED e Moser _ anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: der� my Humphrey (Bio) / %S aron Gupton Admin. V�/wVA+ ) 4i Kk DEMLR: vehristine Hall - Stormwater Section — ,an Sams - Land Quality Section Public Water Supply: vFleidi Cox_ City of Wilmington: sKatwyn--hufsterr= ! Enforcement: Field Rep: Co. LPO Agent: DISTRIBUTED: Updated 2/2522 CAMA/Shaun majors docs/e'Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Allison & Jeffrey Sheehan PROJECT NAME: Sheehan Bulkhead COUNTY: New Hanover LOCATION OF PROJECT: 305 Beach Rd. N, adj. to Middle Sound on Figure 8, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-7-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 10-26-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-26-22 HOLDS: MAIL OUT DATE: 10-21-22 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 (60/40)#SS91 END OF NOTICE DATE: 11-16-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-16-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM—Field Rep DCM — LUP Consistency Determination I �( Local Permit Officer F Corps of Engineers - Regulatory Branch `jo a-o2-3 DWR-401Section ` ljl� lalltA5�` DWR-Public Water Supply 10115 X VIP, rov�,,.�� DEMLR - Stormwater DEMLR - Sed and Erosion ,Mw�ev�k DOA - State Property Office At. C e Wildlife Resources Commission DMF-Shellfish Section a, ,w At DM - Habitat & Enhancement 1 1 i< �o omw"v DNCR-Archives&History 15 Ab cu,ro +^�4 REC DNCR -Natural Heritage Program NCDOT OCT 21 202 NC Dept of Commerce cu o.t PCM-MHDC1 10 M RECOMMENDATIONS FOR 305 Beach Road North, Allison and Jeffrey Sheehan 10/18/22 The applicant has an existing failing wooden bulkhead. 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. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for bulkheads and upland development. RECEIVED OCT 21 2022 DCM-MHD CITY �141 DCM Coordinator: Cameron Luck County: Permit #: WI O E-MAIL DISTRIBUTIONSHEET Circle orf : Bio Report, Permit for: I ll lIy i -4 Oversize Plans sent: DCM Offices: Morehead City: PT (if oversize) via Courier' "cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet J "MHC documents (Cam & Amanda) Wilmington: Original hard -copy _ ONLY USACE & DWR (mro): Recommendations, PN, letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: A j -Hairr(Pender & Carteret Cc): PN, CL, Reports, Split Sheet use both ,, lmingtonNCREG@usace.army,mil (NH/BR): PN, CL, Reports, Split Sheet �reg Currey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: �Kolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet -Holley�nider--401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: �8heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: /Kim Harding _ DCM Planner/WIRO: %Mike Christenbury _ Cultural Resources: ✓Renee Gledhill -Earley Environmental.ReviewRnodenr.00v_ Natural Heritage Prog. \r:odney Butler _ DCA-Rural Eco. Dev: ✓Mark Ziegler _ NC DOT: David Harris _ Wildlife Resources: V4 ria Dunn w/Reports State Property Office: Ti Walton: DEED _ v 'ke Moser _ anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: vJerpmy Humphrey (Bio) /Shannon -Jenkins (Po \$ aron Gupton Admin. V'�V VV �Vi KA DEMLR: vdhristine Hall - Stormwater Section _ \,Van Sams - Land Quality Section _ Public Water Supply: "fieidi Cox _ City of Wilmington: ._Kathryn-Thursten— ( Enforcement: Field Rep: �'1�CGGhypllrEH J FiFCFIVFI) Co. LPO G 1,J(2 ht -G1 VJ OC1 2I 2022 Agent: DCM-MH,© CITY DISTRIBUTED: Updated 2/2W2 CAMA/Shaun majors docsle'Agency List MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Allison and Jeffrey Sheehan, Figure Eight Island, New Hanover County Date: January 13, 2023 This project is consistent and not in conflict with the Wilmington- New Hanover County Joint Land Use Plan Update. The applicant proposes to construct a bulkhead with 6-foot wingwalls, 2 feet in front of the existing failing wooden bulkhead resulting in the filling of 100 sq. ft. of Coastal Wetlands in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, CW and EW. Waters at the project site are classified as SA and are closed to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2016 New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Cc: File RECEIVED JAN 13 2023 MP SECTION DCM MHD CITY Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02349 County: New Hanover U.S.G.S. Quad: NC -Hampstead GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee Address: Telephone Number: E-mail: Allison Sheehan 305 Beach Road North Wilmineton, NC 28411 910-386-8883 allisonsheehanna,me.com RECEIVED JAN 05 2l%3 Size (acres) 0.32 acre Nearest Town Wilmineton Nearest Waterway Nixon Channel River Basin Onslow Bay MP SECTION USGS HUC 03020302 Coordinates Latitude: 34.2828 M MHD CITY Longitude:-77.730995 Location description: The nroiect is located adjacent to Nixon Channel at 305 Beach Road North on Figure Eight Island, New Hanover County, North Carolina. Description of projects area and activity: 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(s): M Section 404 (Clean Water Act, 33 USC 1344) ®Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit: 3 SEE ATTACHED NWP-3 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, your application signed and dated 9/15/2022, and the enclosed plans Sheehan Project pages 1-3 dated 9/19/2022. 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 Katharine Elks at (910) 251-4567or katharine.b.elks(a)usace.armv.mil. Katharine Elks Digitally signed by Katharine Elks Corps Regulatory Official: Date: 2023.01.0414:58:54-05'00' Date: 01/04/2023 Expiration Date of Verification: 3/14/2026 Copies furnished: Overbeck Marine c/o Daniel Shirley (Agent) Tara MacPherson INC DCM) Kelsey Beachman INC DCM) Cameron Luck INC DCM) Amanda Cannon INC DCM) Holley Snider INC DWR) RECEIVED JAN 05 i'j; MP SECTION DCM MHD CITY DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 19, 2022 DWR # 20221454 New Hanover County Allison Sheehan 305 Beach Road North Wilmington, NC 28411 Subject: Approval of Individual 401 Water Quality Certification 305 Beach Road North, Figure Eight Island Dear Ms. Sheehan: Attached hereto is a copy of Certification No. WQC005465 issued to Allison Sheehan, dated December 19, 2022. This approval is for the purpose and design described in your application. The plans and specifications forthis 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 or violation 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 En%nonnsenlal Qatlity I Division of Water Resources 127 Cardinal Dnve Exl, I Wilmington.. North Carolinb 28405 910,796 7215 DocuSign Envelope ID: C4982526-BBBB-4B3D-99FA-7E482E462544 Allison Sheehan D W RN 20221454 Individual Certification NWQC005465 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. 143-215.51. 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 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements forfiling a Petition and Petition forms may be accessed at http://www.ncoah.comi 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 150B-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 holley.snider@ncdenr.eov if you have any questions or concerns. Sincerely DOcuSignedby: 1 1KA 6mtLL stu Ak,j—fit" E3ABA14AC7DC434... Morella Sanchez -King Regional Operations Supervisor Electronic cc: Daniel Shirley, consultant Greg, Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221454_Sheehan _305 Beach Rd S_IWQC_NHCo_Dec.22 North Carolina Depamnent of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 w - 919.707,9000 DocuSign Envelope ID: C4982526-BB8B-463D-99FA-7E482E462544 Allison Sheehan D W R# 20221454 Individual Certification #WQC005465 Page 3 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005465 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 Allison Sheehan who has authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 21, 2022, and by Public Notice issued by the Division of Coastal Management on October26, 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 0.004 acres (212 sq. ft.) Coastal Wetlands Project Narrative And Bulkhead Backfill 0.002 acres (100 sq. ft.) Pages 1 thru 3 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 will comply with state water quality standards (including designated uses, numeric criteria, 512 h C Noah Sall Dap Stye t 1 1617 Mail S tal. Cent l I Ral Raleigh, Noah Carolina 27 512 Noah Salisbury Street 11617 Mail Sen ice Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 Allison Sheehan DW RN 20221454 Individual Certification #WQC005465 Page 4 of 30 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. 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 04B .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. S. 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 026 .0221 Egg! North Caroline Department of Environmental Quality I I Rili Raleigh, , Water Resources 512 North Salisbury Street I I6I7 M17ail Serve Center I Raleigh. North Carolina 27699-I6I7 „x„�ay..i 9I9.707.9000 rewn,. mu.�..aei won DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 Allison Sheehan DW RN 20221454 Individual Certification NWQC005465 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 0214.O506(b); 15A NCAC 02H .0507(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 02H.O506; 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 (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 Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 �wnAM rrrw..enn m+m DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 Allison Sheehan D W Rp 20221454 Individual Certification #WQC005465 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 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. 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 mannerthat 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 no North line Deparone t 1 1617 Mail Setwice Center I I Raleon , North Camlrnrces 512 North SalisburyStreet 11617 Mail Servme Center I Raleigh, North Carolina 27699-1617 919.7079000 DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 Allison Sheehan DW Rtt 20221454 Individual Certification #WQ0005465 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 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 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 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 .0505(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) DEQ�� north Carolina Departinent of Ein irournental Quality I Dr. ision of Water Resources 512 North Salisbury Street 1 1617 Mail San ice Center I Raleigh, North Carolina 27699-I6I7 otrMn..4muom DocuSign Envelope ID: C4982526-BBBB-4B3D-99FA-7E482E462544 Allison Sheehan DW Rq 20221454 Individual Certification NWQC005465 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 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. 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 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. 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 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. 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 .0506(b); 15A NCAC 021-1.0507(c); 15A NCAC 028.0201 North Carolina D ry Strent 11617 ronrnental Qe Ceot I Division of Water Resources 512 North Salisbury Street 11GI7 Mail Serrice Cemer I Raleigh, North Carolina 27699-IGI7 919707.9000 kwn.�n rmw�.emiaosp� DocuSign Envelope ID: C4982526-BBBB-4B3D-99FA-7E482E462544 Allison Sheehan DW RN 20221454 Individual Certification NWQC005465 Page 9 of 10 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. 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 .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. 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 .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .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 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or othersubstances 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 North Carolina D m l Quality I Water Resources rp Street I Rol Raleigh. 512 North Salisbury 51reet 11617 Mail Servwe Center 1 Raleigh. Worth Carolina 27699-1617 1 1617 Mail service . 919.707 9000 DocuSign Envelope ID: C4982526-BB8B-4B3D-99FA-7E482E462544 Allison Sheehan DW RN 20221454 Individual Certification #WQC005465 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 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. 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: 15A NCAC 02H .0506(b); 15A NCAC 02H .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 LAMA 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 19th day of December 2022 DocuSlgnetl by: E eyt,(�a E3ASA14AC70C434... Morella Sanchez -King Regional Operations Supervisor MSK/hs North Carolina Deparbnent of Environmental Quality I Division of Water Resources LLrrJJ/—"--D 512 North Salisbury Street 1 1617 Mail So" ice Center I Raleigh, North Carolina 27699-1617 mwm< ....4aionm� 919 707.9000 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21. 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 (Courier11-12-09) cameron.luck(a)NCDENR.aov SUBJECT CAMA /D & F Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8 Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 DEMLR SIGNATURE `S ", DATE Nov 17, 2022 North Carolina Department of Environmental Quality i Division of Coastal Management Wilmington Ofnce 1127 Cardinal Drive Extension i Wilmington. North Carolina 28405 9107gb.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21, 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 uck(a)N CDENR.aov SUBJECT: CAMAID&F Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8 Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE Sd . E for Shannon Jenkins DATE 10/31/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 'i. Wilmington. Not Carolina 28405 910796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21. 2022 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.00v SUBJECT: CAMAID&F Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead wl 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 Su SIGNATURE %q4ok dt+e DATE 10/25/22 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 ELIZABETH S. BISER .Secretary BRAXTON DAVIS Director October 21, 2022 WATIRTOUNUMri) 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 (Courier11-12-09) cameron.luckCdANCDEN R.gov SUBJECT: CAMA /D & F RECEIVED NOV 072022 MP SECTION DCM MHD CITY Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adi. to Middle Sound, Figure 8 Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 AGENCY NL but - SIGNATURE / Y ` °j f �'I `:' r DATE a North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2a405 ik:w'��er'w�smna+wn� 910,796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21, 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: 262-247-3330 (Courier 11-12-09) cameron.luck NCDENR. ov SUBJECT: CAMA /D & F RECEIVED NOV 102022 MP SECTION DCM MHD CITY Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8 Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalis, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 Wanda Hilliard AGENCY State Property Office SIGNATURE U—)44(01. " DATE 11-10-22 D_EQ�� North Carolina Department of Environmental Quality I Division or Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 11/4/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21. 2022 NORTH CAROLINA Environmental Quality Due: 11 /15/2022 ER 22-2597 RECEIVED NOV 152J;:1 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator MP SECTION NCDEQ - Division of Coastal Management DCM MHD CITv 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckna.NCDENR.gov SUBJECT: CAMA/D & F Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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: 19.4011 AGENCY SIGNATURE 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. Renee Gledhill -Earley NCDCR - State Historic Preservation Office DATE 11/15/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 0.pNmId YMomnW pulM\ /_ 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 21, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality RECEIVED NOV 15 LIZ 2 MP SECTION DCM MHD CITY 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(d)NCDEN R.cov SUBJECT: CAMAID&F Applicant: Allison and Jeffrey Sheehan Project Location: 305 Beach Road North, adj. to Middle Sound, Figure 8 Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to construct a new 106' vinyl bulkhead w/ 6' wingwalls, 2' in front of the existing failing wooden bulkhead, resulting in 100sgft of Coastal Wetland fill. 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 November 16, 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 K�m6oe'� DATE TM D_EQ�1� 11 /15/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2a4O5 910.796.7215