Loading...
HomeMy WebLinkAbout25-23 Milhous, Robert & DebraPermit Class Permit Number NEW 25-23 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 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert and Debra Milhous, 145 Blue Church Ct., Columbia, SC 29212 Authorizing development in Brunswick County at adj. to AIWW at 9193 Schuyler Dr. SW in Sunset Beach , as requested in the permittee’s application dated 9/21/22 (MP-1, MP-4), including work plan drawings (4) Sheets 1-4 of 4 dated 11/7/22. This permit, issued on February 10, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on February 10, 2028 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DE Q and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Docking Facility Reconfiguration 1) This permit authorizes only the docks, pier extension, boatlift, covered platform, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes a maximum of 4 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) Robert and Debra Milhous Permit No. 25-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. An as-built survey shall be performed on the docking facility, and copies of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management, within 60 days of completion of construction of these portions of the project. 5) Should the western property be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner’s riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 6) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 7) The roof of the covered platform shall not be designed for second story use. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized structures and associated activities shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Robert and Debra Milhous Permit No. 25-23 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2022-02616). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification 5565 and assigned the project DWR Project No. 2022-1662. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Robert and Debra Milhous PROJECT NAME: Milhous Private Docking Facility LOCATION OF PROJECT SITE: 9193 Schuyler Dr. SW adjacent to the AIWW in Sunset Beach (ETJ), Brunswick County Coordinates: Latitude N 33°52'22.36" Longitude W 78°33'06.24" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — I1/2/2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 10/18/2022 30 Day DWR Pre -file Deadline — 11/3/2022 Application Complete — 11/28/2022 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach (ETJ) Land Classification From LUP — AFI (Agriculture Forestry) (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, one -slip docking facility Planned - 4 slip docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A 60 sq. ft. (B) Vegetated Wetlands N/A N/A 1,200 sq. ft. Shaded (C) Open Water N/A N/A 1,443 sq. ft. (Incorporated) (D) Total Area Disturbed: 2,703 sq. ft. (.06 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW in Sunset Beach. Millions Private Docking Facility November 28, 2022 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 9193 Schuyler Dr. SW in Sunset Beach (ETJ), Brunswick County. Existing structures on the 2.36-acre parcel include a single-family residence and an existing one -slip docking facility. Based on DCM records, General Permit No. 11126D was issued on 12/07/1993 for a two -slip docking facility that included a 6' x 265' access pier, 14' x 12' open boatlift, 10' x 16' floating dock, and a 10' x 16' T-head. Existing structures include a 6' x 268' access pier, 10' x 20' fixed platform partially covered with a 10' x 12' roof, and a 10' x 10' open boatlift. The southeast -facing property is located on a high bluff approximately 9' above normal high water (NHW) and is vegetated with typical coastal -plain tree species. The property has approximately 155 linear feet of shoreline frontage along the southern edge and is stabilized with natural vegetation. The adjacent riparian parcel to the east is 9175 Schuyler Dr. SW which has a residential structure and a private docking facility. The immediate riparian parcel to the west is 9197 Schuyler Dr. SW which is undeveloped and owned by Millions Woodlands Venture LLC, where the applicant is the registered agent. Continuing west along the high-water line, the next adjacent riparian property is 9219 Peakwood Dr. SW which has a residential structure and a private docking facility. To the north of the applicant's parcel is Schuyler Dr. SW. No 404-type wetlands appear present within the project area. High marsh primarily consisting of Black Needlerush (Juncus roemerianus) and bulrush (Scirpus spp.) extends approximately 15' waterward of high ground and transitions to approximately 190' of Smooth Cord Grass (Spartina alternii fora). The width of the waterbody measures approximately 575' from marsh to marsh in the vicinity of the project area. The waters of the AIW W are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIW W in Sunset Beach. The applicant proposes to remove the existing one -slip docking facility and rebuild a new access pier in the same footprint. The proposed 6' x 312' access pier would start on the high ground and extend southeast across approximately 15' of high marsh. From the NHW line, the access pier would continue southeast approximately 190' over a sporadic stand of Smooth Cord Grass (Spartina alternii lora). From the waterward edge of Coastal Wetlands, the access pier would extend approximately 115' into the AIWW and terminate with a proposed fish cleaning station on the east side of the access pier and a proposed P WC davit on the west side of the access pier (Slip 44, Sheet 2 of 4). The applicant has proposed to install a 20' x 20' gazebo waterward of the access pier. To the east of the proposed gazebo, a proposed 15' x 15' boathouse (Slip # 1, Sheet 2 of 4) would be oriented north to south, aligning with the waterward edge of the proposed gazebo. On the west side of the proposed gazebo, a gangway would run parallel to the shoreline and connect to a proposed 8' x 16' floating dock that would also be oriented parallel with the shoreline (Slips # 2 & #3, Sheet 2 of 4). As proposed, the floating dock would be mounted on a modified boatlift cradle allowing the applicant to raise the floating dock out of the water when not in use and during extreme tidal cycles. According to the applicant, elevating the floating dock could help extend the longevity of the dock and protect the soft bottom habitat. The property has approximately 155 linear feet of shoreline and the proposed design appears to remain within the applicant's area of riparian access. The applicant obtained a signed waiver from the riparian property owner to the east. A waiver was also granted by the applicant, acting as the managing member of Millions Woodlands Milhous Private Docking Facility November 28, 2022 Page 3 Venture LLC, for the encroachment into the western riparian setback. Despite the applicant also being the managing member of the adjacent parcel, DCM determined a waiver would still be required to avoid potential future disputes if Milhous Woodlands Venture LLC sells the parcel. The applicant's proposed design extends approximately 122' beyond the edge of Coastal Wetlands but remains landward of the USACE Federal Channel Setback, the'/4 width limit, and the pierhead line. DCM has agreed to use the pierhead line between the eastern docking facility at 9131 Schuyler Dr. SW and the western docking facility at 9219 Peakwood Dr. (DCM Image 1) that was recently authorized (construction pending) to extend to the USACE Federal Channel Setback under State Permit # 75-22. The applicant states that increasing the length of the proposed docking facility would allow him to reach navigable water depths throughout the tidal range and minimize soft -bottom impacts to the Primary Nursery Area (PNA). Nonnal low water depths in the vicinity of the existing boatlift range from approximately -1.0' NLW on the landward edge of the boatlift to approximately -1.3' NLW at the waterward end of the existing boatlift. Normal low water depths taken by DCM staff at 9:50am on 11/2/22 at the proposed boathouse location ranged from approximately -2.5' NLW (-1.8' NLW adjusted) at the landward piling location to -3.0' NLW (-2.3' NLW adjusted) at the waterward piling location. As proposed, the docking facility would extend approximately 122' from the waterward edge of Coastal Wetlands to approximately 21 % of the waterbody width. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the shading of approximately 1,200 sq. ft. of Coastal Wetlands and the incorporation of approximately 1,443 sq. ft. of Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located in an area with water depths ranging from -1.8' NLW to -2.3' NLW within a Primary Nursery Area. The applicant's proposal to build a floating dock on top of a boatlift cradle could prevent soft bottom impacts typically associated with the plastic floats sitting in the mud at low tide. The proposed development would be located outside of the adjacent 15' riparian corridor setback to the east. The proposed docking facility encroaches into the western riparian setback, but the applicant is the registered agent for the adjacent riparian property and has waived the setback. The proposed docking facility would be constructed landward of the pierhead line, the %4 waterbody width, and the USACE Federal Channel Setback. Minor increases in turbidity should be expected during piling installation. The square footage of the proposed docking facility is calculated as follows: Shoreline length = 155ft. x 8 sq. ft. = 1,240 sq. ft. allowable. Proposed Development Access Pier = 6ft. x 312ft. = 1,872 sq. ft. (Credit) Gazebo = 20ft. x 2011. = 400 sq. ft. Floating Dock on Boatlift = 811. x 16ft. = 128 sq. ft. Boathouse = 15% x 1511. = 225 sq. ft. Cantilevered Fish Cleaning Station (Not Counted) PWC Davit (Not Counted) Total (proposed) = 753 sq. ft. Submitted by: Brendan Brock Date: November 28, 2022 Office: Wilmington Recommendations for State Permit — Robert and Debra Milhous This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design, and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The proposed development would provide docking space for a total of four (4) vessels. The proposed docking facility would extend approximately 122ft. beyond the marsh and remain landward of the '/4 width of the waterbody and the pierhead line. The application appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), pier length, and the 15' riparian setback. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. 9193 Schuyler Dr. SW Calabash, NC Milhous Docking Facility Project Narrative The applicant is proposing to extend his docking facility at 9193 Schuyler Dr. SW in Calabash to improve utilization of the docking facility at normal water levels. The proposed docking facility would extend past the pier headline but would be landward of/< width of the waterbody and USACE setback. *Add Info DCM updated November 7, 2022 Existing Structures: Proposed Structure extended 60'waterward ofexisting structure toward USACE setback Pier — 6' x 268' Permit History: CAMA GP 11126 (Polanski) Issued 121711993 (*attached) Fixed Platform — 10' x 20' Water Depths @ NLW End of existing Structure -16" Field Observed (*-5.32"Adjusted based on Partial Roof Coverage over fixed platform — 10' x 12' Springmaid Pier NOAA Tide Gauge) *water level info attached Boat Lift— 10' x 10' End of Proposed Structure .36"Field Observed (*Approx. -26"Adjusted based on Springmaid Pier NOAA Tide Gauge) *water level info attached Proposing to rebuild entire pier and extend an additional 60' waterward Proposed Structures: Adjacent Property (Red Lips, LLC) CAMA No. 75-22 authorizes 9219 Peakwood to extend to the 80' USACE Setback. Construction Pending with Pier — 6' x 312' active CAMA Major Permit. *Referencing neighboring docking facilip. Fixed Platform — 20' x 20' w/ roof (dripline dimensions) Boat Lift — 14' x 14' w/ roof 15' x 15' (dripline dimensions) Jet Ski Davit Floating Dock on lift 8' x 16' • 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. QGM� im awl APPLICATION for C�) major Development Permit ~ rwstoed 1=11'kigE) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrlmaryApplicant/Latidowrrerinformation Business Name Project Name (if applicable) N/A Milhous Docking Facility Applicant t: First Name Robert MI Last Name Milhous E Appllcant2: First Name Debra MI S Last Name Milhous IfaddWwaf applicants; please attach an andirkonalpage(s) wth names fisted. Mailing Address PO Boa city Sate 145 Blue Church Ct. N/A Columbia SC ZIP Country Phone No. FAX No. 803-920-3288 29212 USA - - eat. .N/A _ Street Address (d dffewl tom above) city State ZIP 9193 Schuyler Dr. SW Calabash NC 28467 Emil rmilhous@milhouscpa.com 2. Agent/Contractorinformation Business Name CPG, LLC. Agent) Contraotor I: Fink Name MI Last Name Ben B Brink Agent? Contraotor 2: First Name btl Last Name N/A N/A N/A Mailing Address N/A Po Box city State 1661 Carolina Beach NC ZIP Phone No. 1 910-302-ext. Phone No. 2 N/A 28428 USA - ext. FAX No. NIA contractor Of N/A Street Address (d dRerent from above) N/A city N/A State N/A ZIP N/A Emil ben@coastalpermitguy.com cFonn continues on back> 262-808-2606 .. I-880-4 RG 0A ST .. w w w. �u; an a s t a l w au: Loa, an 15LI 1 � \�M\1 Gko% tJc QGM Form OCM MP-1 (Page 2 of 4) APPLICATION for Major Development Pemrt 3. Project Location County can be muifpk) Arunswtck Street Address State Rd. ty 9193 Schuyler Dr. SW N/A Subdivision Name CMy State Zip 28467 N/A Calabash NC Phone No. 803-920-3288 Lot No.(s) (Ymany, affach additional page with fist) exL TR-4 5 a. In which NC river basin is the project located? It. Name of body of water nearest to proposed project Lumber AIW W c. Is the water body identified in (b) above, natural or manmade? d. Name the closest mayor water body to the proposed project site. Natural []Manmade ❑Unkmovm AlWW e. Is proposed work within city limits or p4anning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Ryes []No work falls within. Brunswick County 4. Site Description a. ToUllengthofshorelineonthetnct{ft.l It. Size of "tire tract(sq.11.) 155' 102 801.6 s . ft. c. Sze of individual I s) e1.36 d. Approximate elevation of=of above NNW (normaf high wafer) or acres or 102,801.2 sq. ft. NWL(narmaf waferlevert) (Emany fof sizes, pkaae attach addibanarpage wO a Est) 9' RNHW or ❑NW L e. Vegetation on tract Manicured lawn, large upland trees, upland shrubs, black needle rush, spartina alterniflora f. Man-made features and uses now on tract Single family home with docking facility g. Identify and describe the existing lard uses adia ent to the proposed project site. Vacant lot (natural) -- also owned by the applicant and Single Family Home with Docking Facility h. How does local government zone the bract? I. Is the proposed project consistent with the applicable wring? AF 1 (Attach zoning compliance certificate, if applicable) ❑Yes []No MINA j. Is the proposed activity pan olan urban waterfront redevelopment proposal? []Yes NNo k. Hasa professional archaeological assessment been done for the tracU If yes, attach a copy. []Yes []No KNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District ordoes it involve a ❑Yes ❑No RNA National Register listed or eligible property? <Fonn continues on next page> _., ;•-fl GR 2B05 .. 1-8eII-4RCOAST .. www.n:: —: stag managem ent.n et ����\l•M\\\''10 �'NG Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Peanut m. (i) Arc there vretands on the site? CQYes ONo (ii) Arc there coastal wetlands on the site? RYes ONo (iii) If yes to either(!) or (ii) above. has a delineation been conducted? ❑Yes INNo (Attach documentation, if available) n. Descrbe existing wastewater treatment facilities. BrunsCo c. Describe existing drinking water supply source. BrunsCo p. Describe existing stone water management or treatment systems. BrunsCo 5. Activities and Impacts a. Will the project be for commercial. public, or private use? OCommemal ❑PublictGmemment aptivate1c4minUnmy b. Give a brief elescription of purpose, use, and daily operations of the project when complete. Recreational use (boating, site seeing, fishing, personal watercraft usage) a Describe the proposed construction methodology, types of construclim equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction (work from land and barge) d. List all development activities you propose. Remove existing docking facility and replace in same footprint but extending further waterward with new facility. e. Are the proposed activities maintenance of an existing project, new work, or both? Both t What is the approximate total disturbed land area resulting from the proposed project? O IISq.Ft crOAcres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes (oNo LIMA that the public has established use of? Is. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Wdlwastewaterorstormwaterbedischwgedintoawedand? OYes NNo ❑NA f yes, will this discharged water be ofthe same salinityas the receiving water? OYes ONo NNA j. Isthereanymitpationpmposed? OYes ONo KINA t yes, attach a mitigation proposal. <Form continues on back> 262-808-2800 :: 1-888�4ftCOAST :: www.nccoostalmanagement.net e- Aot,,C1 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnfonnation In addition to this compfefed application brm, (MP-1) the IoHowing Hems below, dappbcable,. must be submitted in order for the application package to be compete. Items (a) — (0 are always applicable to any major development application. Please consuff the application instruction bookht on how to properfyprepare the required Hems below. a. A pmjed narrative. b. An accurate, dated work plat (including plan view and cross sectional drawings) drawn to scale. Please give the present status of the Proposed project. Is any portion already complete? If previously authorized work, Beady indicate on maps, plats, drawings to distinguish betaeen work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant clams title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as prod that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Dim ion of Coastal Management. Name Doyce and Shall Barnes Phone No. 910-705-9587 Address 604 Walnut Creek Dr. Goldsboro, NC 27534 Name Red Lips, LLC. Phone No. Add1esB PO BOX 1288 Lumberton, NC 28359 Nome Phone No. Address g. A list of previous state orfederal permits issued forwork on the project tract. Include permit numbers, peemittee, and issuing dates. CAMA No. 11126 Issued 12/7/1993 (Polanski) It. Signed etnedunt or agent authonza onus form, if applicable. I. Wetland delineation, H necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Mustbe signed byproperty comer) Is. A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. I MA 1-10), rnecess cry. Ifthepicjectinvolvesexpenditure M public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. I uncessumna mac any permits Issues in response to rots application won allow only me oevehopment aewnnea in rise application. The project will be subjectto the conditions and restrictions contained in the permit. I certify that t 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 pemtit application and fdbvaup mandoring of the project. I further certify that the information provitled in this application is truthful to the best of my knomMedge. Date Sep21,2022 Print Name Bob Milhous &xbA[8faavr Signature Please indicate application attachments pertaining to your Proposed project. ODCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development WCM MP-4 Structures Information 252-808-2808 ., 1-888-4RCOAST .. www.nccoastalmanagemen etc Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this forth to Joint Application for CAMA Major Pemwt, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: OCommscial OPublidGmemment NPnvatelCommunity, c. (i) Docile) andla piers) (i) Number I oi)Length 320 (lu) Width 6 (v)Floating []Yes NNo e. (i) Are Platfome included? ]IYes ONo It yes: (i i)Number 2 (ili) Length 16 20 (iv)Width 20/ (v)Fbating Yes []No Note.' flooded are" are cabufaied hom d*hne dfinertmons. g. (i) Number of slips proposed 3 (d) Number of slips existing I i. Check the proposed type of siting: ❑ Land cut and access channel QOpem water, dredging for basin andlor channel ®Open water, no dredging required []Other, please describe: k. Typical boat length: 5 m. (i) Wig the facility have de pilings? DYes ®No (k) If yes number of tie pilings? N/A [I Vila section not applicable b. (i) Will the facility be open to the general public? OY" MNo d. (i)Am Finger Pieninduded? []Yes IgNo If yes: Number (iii) Length (iw Width _ (v)Flo g ❑Yes ❑No f. ti) Are Boatlifts included? ®Yes []No If yes: (it)Number I (fil)Length -TT- (iv] Width 14 h. Check all the types of services to be pmvided. ❑ Full selvice. including travel lift andfor rail, repair or mantenance service ❑ Dockage. fuel, and marine supplies ® Dockage l-wet slips') only, number of slips: 4 []Dry storage; number of boats: _ [] Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g.. open runabout, charter boats, sail boats, mixed types). ouen runabout & pwc 1. (1) Wig the facility be open to the general public? ❑Yes ®No 252-808-2808 :: 1-888-0PCOAST :: www.nccoastalrn ament.net revised: Form DCM MPA (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets far patrons; Number. _ Location: ❑ Showers ❑ Boatholding tank pumpouh Give type and location: b. Describe treatment type and disposal location for all sanitarywastewater. c. Describe the disposal of solid waste, fish offal and trash. d. Hew will overboard discharge of sewage `rom boats be eontrolleZ e. (i) Give the location and number of No Sewage Discharge signs proposed. IN) Give the bcation and number ofPumpoutAvailable signs proposed. f. Describe the special design, ifapplicable, for containing industrial pollutants, such as paint, sandblasting waste and petro'eum prod uds. U. Where will residue from vessel maintenance be disposed aP+ h. Give the number of channel markers and 'No W 'signs proposed. L Give the location of fuel -handling facilities, desaibe the safety measures planned to protect area water quality. j.. What will be the marina policy on night and Ihre-aboard dockage? k. Describe design mess s that promote boat basin gushing? I. If this prpje is an expansion of an existing marina, what types of services are currently provided? 252-808-260fl :: 1-880-4RCOAST:: wvrw accoastalmauaaentent.net if , rdSk% LONG 0 0\N0\pNr ®GM Form DCM MP-4 (structures, Page 3 of 4) m- Is the mannaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting Dyes ONO o. Is the madnaldcoking facility proposed within oradjacentto tandsfmarsh(CW), submerged aquatic vegetaticn(SAV), shell bottom (SS), mother wetands(WL)? tanyboxesarech --de the number of sgwre feet affected. ❑CW ❑SAV _ [IS ❑WL []None p. Is the proposed alddo nofacility located within mwithin dose proximityto any shellfish leases? ❑Yes ❑No If yes. ' e name and address ofthe leaseholder(s0. and give the proximity to the lease. 3. BOATHOUSE (indtagng covered tdls) a. (i) is the boathousestructure(s): � ❑Commeroial ❑PubliNGovemment ❑P' aCFComms (ii) Number (III) Length (iv) Widt e: Roofed areas are cakulafed from dspline drmenaNns. XTUs seclYon not appgca6te 4. GROIN (e.g., canal, sheetpi7e, eta 1( a rock &-2, EAcavahbrt and Fill) XJTW sec8an rot Spplicabfe a. (1) Number _ (n) Length rdth 5. BREAKWATER (e.g., woof, stfeetpjle, etc.) a- Length _ e. Maximum distan, l yyond NHW. NWL m wetlands -� XThis w0m not aoplicad'e b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS / XThls section nd applimble a. Is the struchae(s): ❑Commerdal ❑PublklGoeernment ❑Pdvate!Com it e- Distance to be placed beyond sharelne Note: Thtashouddbemeasured Ire arch edge; ifFresent e. Arc of)!16 swing b. Number d. Description of buoy (color, inscription, size. anchor, etc.) 9G9-nfln.9fteN^1AAn.dnf.DASTewvrm.ar actafmau.ana^,o-nr.oat n Inad NC vGll�\�M\NG�O , Form DCM MPA (Structures, Page 4 of 4) 7. GENERAL a. ProximilyofsWcNre(s)to adjacent riparian property lines 9' and 84' NoM: For bwyor mooring piling. use am of swing including length orvessel. c. Width of water body 575' e. (i) Will navigational aids be required as a result of the project? []Yes XNo []NA (i) If yes, explain what type and how they WE be implemented. N/A 8. OTHER a. Give compete description: b. Proximity of sbucttee(s) to adjaeentdockingfaciftes. —202' and —300' d. Water depth at waterward end of structure at NLW or NWL 36" @ NLW ❑This secridn Rd 8AWc3W The applicant is proposing to extend his docking facility at 9193 Schuyler Dr. SW in Calabash to improve utilization of the docking facility at normal water levels. The proposed docking facility would extend past the pier headline but would be landward of/< width of the waterbody and USACE setback. Existing Structures: Pier — 6' x 268' Fixed Platform — 10' x 20' Partial Roof Coverage over fixed platform — 10' x 12' Boat Lift — 10' x 10' Proposed Structures: Pier — 6' x 312' Fixed Platform — 20' x 20' w/ roof (dripline dimensions) Boat Lift — 14' x 14' w/ roof 15' x 15' (dripline dimensions) Jet Ski Davit Floating Dock on lift 8' x 16' Sep 21, 2022 Date Milhous Docking Facility Project Name Robert (Bob) Milhous Applicant Name 8�bAfftaf wens,�inr,4xa, iawrnl Applicant Signature 75?80A-?A0f 5-0nC OAST:: vfmy,nccoastN,a —31LI eM",M�net revised: 1212V06 0101 Q.d— d— nl C111 r,. L./.,..,1. ATf` Follow N Cardinal Dr/Cardinal Dr Ezn to Market St Take Martin Luther King Jr Pkwy and Hwy 17 S to Galloway Rd NE in Brunswick County Continue on Galloway Rd NE to Hwy 17 S/Ocean Hwy 5 min i] 0 ma ra Turn right onto Hwy 17 S/Ocean Hwy W 0 Pass by Subway (on the right In 5.5 ml) 11 ivui .. 11, a ma Take Old Georgetown Rd SW and NC-179 S to Schuyler Dr SW `0 11, Y AG is 1*11� 1I 4 nnl 9193 Schuyler Dr SW Calabash, NC 28461 i 7 a N a It 8 � a d a . z 3 H is i I I ty p!w! O rn NO N I OI N^i I .3I 10 N 1_ Ny ! 1 HCd N O O 9 1 U h ^H U CJ O o � W ----------------- 1 7 P. W W 00 � N v �x I I oaaaaaaa ;' �' V] V] 1 I d q . U ,N� w O aI�•/• Q — ; j- ---------�---------� Ft} 1!J� G N Ato rn Imo- r3y 'O �\ U W bit v •�`n 14 N i v k A to cq N 30 aU `a ago C Qqq �pr�1. C% y 'd 8 tl y fib• .``••JJ y z d d w zs W !b! U131 'v u ! ! n I I o 'A___________s 0 __________________________. 1 b0 01 WUWm 1 a P+ 3333a73aa 3aa �3a7� b M W tD p 'per O O W O N ro O V der W ti A v I V - 0 0 - U N 1 3 W U� _ lull M � � b U v ti wcd O 1,; N 06 G O y � N U O � T O c Z a N O N N o°�n a o, Lon 2, :'a � v i 3 i I N I I U NO u' y N c o � t M fn 7 -• O U N M L i yi ttl co nzO Page 4 of 4 Cross Sectional Proposed Structures 11.7.2022 Scale: 1" = 20' Milhous Docking Facility USACE Setback AIWW Proposed Stuclures: Floating Dock (8' x 16) Boat Lift w/ roof (14' x 14')(15' x 15') Drip] ine Fixed Platform w / roof (20' x 20') Dripline Pier (6' x 320') Jet Ski Davit 114 Width of waterbody NHW-..-------- NLW ----------- -3.0' @ NLW 122' From end ofproposed structure to coastal wetlands <-1.0'@NLW NOm wal ��My�1GM�NC'' 4rJi �1'� Milhous Docking Facility Supplemental Photos DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Robert and Debra Milhous COUNTY: Brunswick PROJECT NAME: Millions Private Docking Facility LOCATION OF PROJECT: 9193 Schuyler Dr. SW, adj. to AIWW in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-28-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #3589 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 11-30-22 END OF NOTICE DATE: 12-21-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 2-11-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: I1-28-22 STATE DUE DATE: 12-21-22 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 DCM Coordinator: Cameron Luck County: e- Permit#: WIRO 1E,-,MAIL DISTRIBUTION SHEETS n 1 Circle on :Bio Rep P/ye�rmit for: ��'✓ I✓y� I v` t J Oversize Plans sent: V W DCM Offices: Morehead City: PT (if oversize) via Courier *cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam & Amanday� Wilmington: Original hard -copy ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ender & Carteret Cc): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ pg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: % Holley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet —klelider - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: ',-&eri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet --------------------------------------- ------------------------------------------------------------------------------------------------ Marine Fisheries: Kim Harding _ DCM Planner/WiRO: , A(ilike Christenbury Cultural Resources: Renee Gledhill -Earley Environmental.Review(g)ncdenrgov _ Natural Heritage Prog. "X/odney Butler_ DCA-Rural Eco. Dev: ,,Mark Ziegler _ INC DOT: Harris /avid Wildlife Resources: ria Dunn w/Reports State Property Office: ✓ im Walton: DEED e Moser _ ands Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: `�Jyremy Humphrey (Bio) / _ �,_4Waron Gupton, Admin. L,A rew Haines DEMLR: ristine Hall - Stormwater Section _ an Sams - Land Quality Section _ Public Water Supply: / ✓ Heidi Cox _ City of Wilmington: KatHrytrFhurston Enforcement: Field Rep: ,✓�/-}"� m Pwnk Co. LPO / ` ' '/ ' I�-h-� yS Agent DISTRIBUTED: I 7-qj Z� Updated 10105122 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Robert and Debra Millions COUNTY: Brunswick PROJECT NAME: Millions Private Docking Facility LOCATION OF PROJECT: 9193 Schuyler Dr. SW, adj. to AIWW in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-28-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 11-30-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-11-23 HOLDS: MAIL OUT DATE: 11-28-22 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D:$250 03589 END OF NOTICE DATE: 12-21-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-21-22 RPCEIVED NOV 2 S 2022 DCM-MHD CITY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep ( Ce DCM—LUP Consistency Determination 2- 57.•-� Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section IU4 5,%5 20,0662 DWR— Public Water Supply Ki3 CO MTNf DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office 2 •Z �( ISO Ccww� oar*. jM)Dr UW Wildlife Resources Commission 1Z 70 pC ov u DMF - Shellfish Section DMF - Habitat & Enhancement 1 \ h� CLWIIuId DNCR- Archives&History yip DNCR -Natural Heritage Program NCDOT NC Dept of Commerce ItV\e Lt•�"^ vv,,fr J DCM Coordinator: Cameron Luck County: oe- Permit #: WIRO E-MAIL DISTRIBUTION SHEETS A 1 Circle on : Bio Re �� Permit for: Val t/��V� I v`t l 6l/t S Oversize Plans sent: y W 1 DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet MHC documents (Cam & Amen day Wilmington: Original hard -copy ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: use both Div of Water Resources: Div of Water Resources: Marine Fisheries: DCM Planner/WiRO: Cultural Resources: Natural Heritage Prog. DCA-Rural Eco. Dev: NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation U:Ml"t7 Public Water Supply: City of Wilmington: Enforcement: Co. LPO Agent: ender & Carteret Cc): PN, CL, Reports, Split Sheet _ r,WilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet LZreg Currey (NH/BR: PN, CL, Reports, Split Sheet olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet wider - 401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet _ ,',�heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Kim Harding , ANke Christenbury _ 1/112enee Gledhill -Earley Environmental.Reviewa[7ncdencoov _ ,Ix//odney Butler ,Mark Ziegler _ /avid Harris k he Dunn w/Reports im Walton: DEED .e Moser _ %W/anda Hilliard, Real Property Agent (Blo Reports only) XvJggeremy Humphrey (Bio) /Shannon Jenkins;,-E)�H aron Gupton, Admin. L/Awirew Haines ristine Hall - Stormwater Section an Sams - Land Quality Section ,// Heidi Cox Kethrpn-Timrston Field Rep: 3y ` Myzwytm� �l—Gt ih Aly- i iqs DISTRIBUTED: I ` 2%/ Updated 10105122 R F(I r', IVF., CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit —Robert and Debra Milhous This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design, and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The proposed development would provide docking space for a total of four (4) vessels. The proposed docking facility would extend approximately 122fl. beyond the marsh and remain landward of the '/< width of the waterbody and the pierhead line. The application appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), pier length, and the 15' riparian setback. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. rA'FCEIVED NOV 9 A 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 2022 NORTH CAROLINA Environmental Quality RECEIVED DEC 142022 MEMORANDUM: 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(a)NCDENR.aov SUBJECT: CAMA Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr SW, adj. to the AIWW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 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 DATE 12/14/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Dimcror Robert and Debra Milhous 154 Blue Church Ct. Columbia, SC 29212 NORTH CAROLINA Environmental Qualify January 20, 2023 Subject: Approval of Individual 401 Water Quality Certification Milhous Residential Docking Facility 9193 Schuyler Drive SW- Sunset Beach USACE Action ID. No. SAW-2022-02616 Dear Mr. & Mrs. Milhous: RECEIVED JAN 2 0 '' , , MP SECTION DOM MHD CITY DWR q 20221662 Brunswick County Attached hereto is a copy of Certification No. WQC005565 issued to Robert and Debra Milhous, dated January 20, 2023. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. Please understand that the waters around your project area have been identified as a Nursery Area and requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which requires that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division supports the concerns and recommendations from the Division of Marine Fisheries and the Wildlife Resources Commission regarding design and construction of the docking facilities located in the shallow waters of designated Primary Nursery Areas. 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 Nonh Carolina Departmentof Enrironmental Quality I Divisionof Water Resources 127 Cardinal Drive Ext. I Wilmington. Nonh Camimb 28405 o�ew.ca t.i�..wmw.m� 910.796 7215 DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility D W R# 20221662 Individual Certification #WQC005565 Page 2 of 8 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. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: RECEIVED William F. Lane, General Counsel JAN 2 0 20i.3 Department of Environmental Quality 1601 Mail Service Center MP SECTION Raleigh, NC 27699-1601 DOM MHD CITY 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 910-796-7303 or hollev.sniderPncdenr.eov if you have any questions or concerns. Sincerely, D_E Q�� Noah Carolina Department ofEnviromnental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Sen ice Center I Raleigh, North Carolina 27699.1617 ��� 919.707.9000 DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility DW RN 20221662 Electronic cc: Ben Brink, consultant Individual Certification NWQC005565 Em Docu8 gr l by: Page 3 of 8 6irli Sau.C�tA�—kit4� U'ABA14AC70G,1 4... Morelia Sanchez -King Regional Operations Supervisor Greg Currey, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 2O221662_Milhous_9193 Schuyler Or SW_IWQ.C_BrunsCo_Jan.23 RECEIVED JAN 2 0 ; 0%3 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Strcet 1 1617 Mail Service Center I Raleigh. Torah Carolina 27699-1617 919,707,9000 DocuSign Envelope lD: 477BC200-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility DW R# 20221662 Individual Certification #WQ0005565 Page 4 of 8 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005565 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 Robert and Debra Milhous, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 28, 2023, and by Public Notice issued by the Division of Coastal Management on November 30, 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 Amount Approved (units) Temporary Plan Location or Reference Open Waters Incorporated Docking Facility 0.033 acres 1,443 sq. ft. N/A CAMA major permit application, project Coastal Wetlands Shaded I I I narrative, and rAccess Pier 0.027 acres 1 1,200 sq.ft. N/A 1 sheets 1 thru 4 dated 1 11/7/2022 Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is considered RECEIVED inconsistent with 15A NCAC 02B .0221 as it results in degradation of water quality standards and therefore is considered a water quality violation. JAN 2 0 This approval requires you to follow the conditions listed in the certification below. MP SECTION CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: DCM MHD CITY 1. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards for Class SA Waters. (12) 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; (19) 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 028 .0220 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, North Carolina Department ofEmiroomental Qnalily I Division of Water Resources G512 Noeh Salisbury Street 1 1617 Mail Sen ice Center I Raleigh, North Carolina 27699-1617 " 919707.9000 mwe.or ..maoWw DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility D W R# 20221662 Individual Certification #WQC005565 Page 5 of 8 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. 2. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 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. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, 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 N EIVED aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) JAN 2 0 2M Justification: Timely reporting of non-compliance is important in identifying and minimizinaMP SECTION detrimental impacts to water quality and avoiding impacts due to water pollution that pre ' deVHD CITY any best use on a short-term or long-term basis. 4. 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 .0506,,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 (including, at minimum: aquatic life propagation, survival, North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. Noah Carolina 27699-1617 rvrnnicxn nn �' 919.7079000 wwn.nawn...wm� /e� DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6247257550 - Milhous Docking Facility D W R# 20221662 Individual Certification #WQC005565 Page 6 of 8 and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 5. Erosion control matting that incorporates plastic mesh and/or plastic twine sha�/lim along streambanks or within wetlands. v Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) JAN 202023 Justification: A project that affects waters shall not be permitted unless the existin9A1°69ECTION (including aquatic life propagation and biological integrity), and the water qualiQGMpr(UW CITY 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. 6. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c),-15A NCAC 02B .0200,'15A NCAC 028 ,0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability 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. 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 021-1.0506(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) North Carolina Department of Env 617 Mnmemal ice Cent I Division , Water Resources 512 Noah Salisbury Street 11617 Mail Sen me Center I Raleigh, Nosh Carolina 27699-1617 919707.9000 DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility D W Rk 20221662 Individual Certification #WQC005565 Page 7 of 8 Materials producing color or odor shall not be present in amounts that may cause aRECEIVED impacts on existing wetland uses. nn1�� 8. All mechanized equipment operated near surface waters shall be inspected and maim' Meg 0 2023 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 exposu&SECTION equipment to surface waters to the maximum extent practicable. Fueling, lubrication, andMHD CITY general equipment maintenance shall be performed in a mannerto prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .O506(b); 15A NCAC 02H .O507(c); 15A NCAC 02B .0200; 15A NCAC O2B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Heavy equipment working in wetlands shall be placed on mats or other measures shall betaken 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. 10. 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 021-1.0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to 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 D _E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 5I2 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-I617 wwm'.no '.�T.A... w 919.707 9000 DocuSign Envelope ID: 477BC2D0-C28E-4765-B4AC-EC6241257550 Milhous Docking Facility D W R# 20221662 Individual Certification #WQC005565 Page 8 of 8 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. 11. 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. 12. 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 021-1.0506(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 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 20th day of January 2023 �DocuSigned by: I wtOVt,(�a Sau.C�t>�—I�itn� Morlee aTalic�ieilei°ng Regional Operations Supervisor MSK/hs RECEIVED JAN 2 0 9n73 MP SECTION DCM MHD CITY 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 MEMO To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Robert and Debra Milhous, Sunset Beach, Brunswick County Date: February 9, 2023 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. The project is located at 9193 Schuyler Drive SW in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan (ETJ) and offer the following comments. The general area of the project is classified AFI, while the AECs impacted by the work are classified as Conservation. In general, the Town of Sunset Beach allows development in AF I /Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach 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. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 2022 NORTH CAROLINA Environmentar Quality MEMORANDUM.' 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(MNCDENR.gov SUBJECT: CAMA Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr. SW, adj. to the AIINW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *"Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. e n RECE►uE= +:= PRINT NAME t�t�+'r�-t•`pknn 1 DEC 2 0 AGENCY 1 `1(hJ va-C MP SECTION DCM MHD CIT" SIGNATURE m DATE t2-2I)z7iaz, 315North Carolina Department of Environmental Quality I Division or Coastal Management QI Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington, Norl h Carolina 28405 kn': %ma--;\� g10.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 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 (Courier11-12-09) cameron IuckCaZNCDENR.00v SUBJECT: CAMA �� I DEC'122022 MP I§RLW DCIbCkVH9A N ITY Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr SW, adj. to the AIWW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: i 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 A y 15 �yY AGENCY A'� ' O f 4 ,11 A-ya SIGNATURE iVi ^ I, � -2 2 t 5 12 DATE 12' 112'r 2-2 North Carolina Department of Environmental Quality I Division of Coastal Manayement Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 12/14/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 22-2926 NC -SBA 12/ 15/22 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.00v SUBJECT: CAMA Due: 12/21 /2022 Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr SW, adj. to the AIWW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE RECEIVED DEC 2 02N2 MP SECTION DCM MHD CITY DATE 19/19122 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 2022 NORTH CAROLINA Environmental Quality RECEIVED DEC 022022 MEMORANDUM: 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 NCDENR. ov SUBJECT: CAMA Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWVV. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 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. PRKIFNAttE Wanda Hilliard AGENCY State property SIGNATURE - - ATE December 2, 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796 7215 Roy Cooper, Governor TO: FROM: Applicant: North Carolina Department ofAdministration State Property office December 2, 2022 Cameron Luck, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 cameron.luck@NCDF.N R. gov Wanda Hilliard t W ' ' "- Real Property Agent Department of Administration Robert and Debra Milhous Pamela B. Cashwell Secretary Tim Walton Director RECEIVED DEC 0 2 2LZ MP SECTION DCM MHD CIT`7 Project Location: 9196 Schuyler Dr SW, adj. to the AIWWin Sunset Beach, Brunswick County Proposed Project:. The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. State afNorth Carolina/ State Property Office 116 Westjones Street Suite 4055 11321 Mail Service Ctr. / Raleigh, NC27699 9842360270 Ti Web. http:/lw ..ncspo.com ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 28, 2022 NORTH CAROLINA Environmental Quality RECEIVED NOV 2 92022 MEMORANDUM: MP Oft DCM' W40 COW FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a,)NCDENR.00v SUBJECT: CAMA Applicant: Robert and Debra Milhous Project Location: 9196 Schuyler Dr. SW, adj. to the A/WW in Sunset Beach, Brunswick County Proposed Project: The applicant proposes to install a 4-slip docking facility landward of the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 21, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7226 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE r 'ltcR. d w DATE 11/29/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 OP — 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02616 County: Brunswick County U.S.G.S. Quad: Little River GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFIcAIVED Permittee: Robert and Debra Milhous JAN 2 5 2023 Address: 145 Blue Church Ct. Columbia, SC 29212 MP SECTION DCM MHD CITY Size (acres) Nearest Town Sunset Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.8728; Longitude:-78.5517 Location description: The site is located in Waters adjacent to the AIWW at 9193 Schuyler Drive SW, Sunset Beach, Brunswick County, North Carolina. Description of project area and activity: The proposal is to install a 4-slip docking facility landward of the established pier -head line and the 80 feet Federal Channel Setback to access deeper water along the AIWW in Sunset Beach. The existing one -slip docking facility will be removed and a new access pier will be built in the same footprint. The 6 feet by 312 feet access pier will start on the high ground and extend southeast terminating at a 20 feet by 20 feet covered fixed platform. To the east of the platform, a 15 feet by 15 feet covered boatlift will be installed. To the west of the platform, a ramp will lead to an 8 feet by 16 feet floating dock. The docking facility will result in the cover and shading of 1,443 feet of Estuarine Waters of the US and 1220 square feet of abuttinq coastal wetlands. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344); ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.p SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated November 7, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.CurreyCu7usace.armv.mil. Gregory Digitally signed by g y Gregory Currey Currey Date: 2023.01.24 Corps Regulatory Official: 10:26:07-05'00' Expiration Date of Verification: December 31, 2026 Date: January 23, 2023 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httl2s:Hre ue latory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Ben Brink (Coastal Permit Guy) Brendan Brock (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) RECEIVED JAN 2 5 20;. MP SECTION DCM MHD CITY Action ID Number: SAW-2022-02616 County: Brunswick County Permittee: Robert and Debra Milhous Project Name: Milhous Private Docking Facility/9193 Schuyler Dr. SW/Sunset Beach/Brunswick Date Verification Issued: January 23, 2023 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED JAN 2 5 2023 MP SECTION DCM MHD CITY Application Review Checklist Letter A W 75 oz-j 2 3 Placard Comment 2 Z1 1 1 Pub A 11 30 Comment 2 j Applicant �pc-k- C� ���V1Z?->S Computer I A Deficiency. Letter? Agent BeM � �-?% Field Rep. a &_Uk p Physical Address I)qS 15C1k y/I P.r yC h S" SC4 Qe<' AECs Habitat �1 cc�� Development �%7 E Designations J "Ar s^-l�y"}� Buffer Riparian Notification? Green Card? Signed Form? No Obj Waive 15' 1� ✓ Fee Schedule � 2 T_ , l G � �y! � 11 64v VAT L �6r ac- Raparian rights From Property line Navigation/ Channel Proximity FT2calculations PTA Concerns? Residential Commercial 8ftz or 27ftz N/A —O,k,� "_O)� 151i17 ` X 312 ` — Zest x 26, 03c.a� — ►GI XNSt � ISSUES OF NOTE Deed? V Water Dependent PH or 1 ` 1/4 width? I� i -2 Uw- mik� vnvrL) ,, 8 ! 6'CP�eI �c1rJ�No,�� � (nY�.� I-•�� UL Major Permit Fee Schedule Project Name: M�A ­ > el \` L County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or i 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 AR, 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 $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director SENT VIA EMAIL Robert & Debra Millions c/o Ben Brink (CPG, LLC) 9193 Schuyler Dr. SW Sunset Beach (ETJ), NC 28467 SENT VIA EMAIL NORTH CAROLINA Environmental Quality November 28, 2022 RE: CAMA Major Development Permit Application — 9193 Schuyler Dr. SW Dear Mr. Brink: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent, for State approval for the construction of a four -slip docking facility, located at 9193 Schuyler Dr. SW, Sunset Beach (ETJ), Brunswick County, NC. It was received complete on November 281b, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 11 a', 2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 281b, 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, t Brendan Brock Field Representative cc: Cameron Luck, MHC Katie Atkins, LPO WIRO DCM USACE Holly Snider, DWR Robert & Debra Milhous., Applicants 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 •�' N o /U) J LU iN �✓ m V ■ U u Qv R O o o a.+ J x c • v F- y L o o , + O LU O C V Q O LLv O Ni °� v �� ;0cm T •— _ _ n 3 0� � d r.r w OEM o pip EL co 0 bob w Am JCL Q) m �w QLL a NW —1 c (.5 �U U) a � r �n 3 e 0 • ~ R s m N z o U W d d M uj C m G {0IL C1 v d ^ V 3 m M `d C) o°c ° a NORTH CAROLINA Environmental Quality November 23, 2022 GanLegPubNotices7@gannen.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Kenneth McCraw— Pender County • Robert and Debra Milhous — Brunswick County • Nikolaos and Tracy Gavrilis —Brunswick County Hello: Please publish the attached Notice in the Wednesday, November 30, 2022 issue. ROY COOPER Covemor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director, Division of CoastalMonagenienl The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226 (Customer No. 489895) Thank you for your assistance in this & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NC 28405 919 796 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 a development permits in Areas of Environmental Concern as designated under the CAMA: On November 18, 2022, Kenneth & Jeanna McCraw proposed to add two (2) additional slips to an existing two (2) slip docking facility at 138 Forest Ln., adjacent to the AIWW in Hampstead, Pender County; On November 21, 2022, Robert & Debra Milhous proposed to install a 4-slip docking facility at 9193 Schuyler Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County; And on November 21, 2022, Nikolaos & Tracy Gavrilis proposed to construct a new three (3) slip private docking facility at 518 Twisted Oak Ln., adj. to the AIWW in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Jason Dail (McCraw), Brendan Brock (Milhous) or Patrick Amico (Gavrilis) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 (Jason Dail), (910) 796-7226 (Brendan Brock) or (910) 796-7425 (PatrickAmico) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 21, 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 and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. DMSION OF COASTAL Ui PROPERTY OWNER (Top pardon to be c O MPleted by owner or their agent) Nam airmwirlyow w.. Bob and Debra Milhous Addrm 9193 Schuyler Dr. SW (Calabash) Mom Address kx Doric: 145 Muc Church Ct. Columbia, SC 29212 owrwes:~, mtilhonx(a3rnilhaksc .kum C3w�18rsPhorreY: 801.92e-3288 Agate s Name: (.1'6, t.I.r. iBen Brink) Agart Pbor * y10-302-57x5 AmIWe Email: ben@coastalpermitgtry.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION Mg§DMMdkM to be comoteled by the Adlacdd Praoerry Owned I hereby cerft dud Iown p w&V adJaoentto dw above referenced Prep". The Ipolvlduat apply1mforthla Please Pon* has described to me. ds MMA on the alted►od drawing. the davefol nod they are propmN. S mast r } 1 DO NOT ttave obleepons to Ihh proposal. I Do have ob"dions to this p qm& Abtwgwwt (PC" /n wkrltbrg wildle 1e days of mmelpf o1 M& eodea Cwreapondma should be malted to 127 CndinN DMro Ext, NUninglon, NC 2840" M. DCY rep/eeentefiVea can abto be coal eted at (810) M&721tr. No rospmm is cona/dmed the same as no ogJecNpn #you have bed► noMW by CertlHsd A" Ilk or sd by me ns appropriate DUM oeraw:) I DO Wish towehro 9onta/etl of the 16' .. Lrfif�f�/��.rr�Sign -OR- I do not wish to wafva the 119 setback requirement itbltbl Mau Siipiati a of Ad*wd Rlpeden Prtpergr TypedrdryiednamsotARPo: Milhous Woodland LLC (Agent: RobcrtMilhous) wwrrp AkWress otARPO: 145 Bluo Church Ct. C:olunibia, 8C.29212 AM&$ email: nnilhnua@mlllwumTxA= ARPO's Phorm* 803-920.32M pmor Il Z t y �walwr Is valid for up to one y0or from ARPO's SlpnalAW 7 fi6WmdJuly2021 Scanned with CamScanner N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: Bob and Debra Milhous 9193 Schuyler Dr. SW (Calabash) Mailing Address of owner: 145 Blue Church Ct. Columbia, SC 29212 Owner's email: rmilhous@milhouscpa.com Owners Phone#: Agent's Name: Agent's Email: CPG, LLC (Ben Brink) ben@coastalpermitguy.com 803-920-3288 Agent Phone#: 910-301-5725 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I herebycertify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A I DO NOT have objections to this proposal. I DO have objections to this proposal. B 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 16 s6naofAdjac n iparian property owner OR - : I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: rQ�. Typed/Printed name of ARPO: Doyce or Sit 11 Barnes Mailing Address of ARPO: 604 Walnut Creek Dr. Goldsboro, NC 27534 ARPO's email:ARPO's Phone#: 910-705-9587 Date:ID.�rg .2 Z `waiver Is valid for up to one year from ARPO's Signature' Revised July 2021 .�o QC+ 0-V � G�` Qb TQ N. r� 10/11122, 5:10 PM USPS.comO- USPS Traddng@ Results USPS Tracking® Tracking Number: 70212720000016186814 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) I i i f Latest Update Your item was picked up at the post office at 8:44 am on October 11, 2022 in LUMBERTON, NO 28358. Delivered Delivered, Individual Picked Up at Post Office LUMBERTON, NO 28358 October 11, 2022, 8:44 am Available for Pickup LUMBERTON, NC 28359 October 8, 2022, 9:06 am Arrived at Post Office LUMBERTON, NC 28358 October 8, 2022, 9:06 am Departed USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX October 8, 2022, 3:42 am Arrived at USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX October 7, 2022, 9:37 am Arrived at USPS Regional Facility CHARLOTTE NO DISTRIBUTION CENTER October 7, 2022, 12:39 am USPS in possession of item KURE BEACH, NO 28449 October 6, 2022, 3:13 pm Hide Tracking History Text & Email Updates FAQs > Remove X v https:Iflools.usps.com)gol'rrackConfirmAclion?_gI=1'1cd3zfz•_ga'MTQ2MDO5NjQ3MS4xNjM5ND14MTe*_ga_3NXP3CBS9V`MTY2NTUyMjQ5NS4x... 1/2 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Bob and Debra Milhous 9193 Schuyler Dr. SW Mailing Address: Calabash, NC: 28467 803.920-3288 Phone Number: Email Address: tniaousgmulhouseipa. cons CPG, LLC I certify that I have authorized Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility —modification at my property located at in Brunswick County. 9193 Schuyler Dr. SW I furthermore certify that I am authorized to grant, and do in fact grant pennission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on tire aforementioned lands in connection with evaluating information related to this permit application. Properly Owner Information: Ab Mawr Bab WhOA Js p21,202213:16EO I: Signature Bob Milhous Print or Type Name Property Owner 9 1 21 2022 Date This certification is valid through 9 1 21 1 2023 �\4S'o 1KL � '%qT C. Vol IIIIIII IIIIIIIIIIIIIIIpI iIlllllr aBtr �. Cl..elona/2a00 Brumulek Canty, ra: Brenda M. Clemana Register of Oseds 05-BB-2009 13:87:17.000 Brwrlek County, NC NC RHyBN1E STAMP: $2100.00 (x170000) u Pcpivsct: . 'c'am; d)>'rr`vd.a l: xrr, n al 00: xr�.• •.r.�t vortg9'c) 4 yba� _ Jy �.. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,100.00 Parcel ldemiEer No. 25500023 Ver(6edby Cowtyonthe_ dayof .20_ Ms"ox to: Susan M. Satumo, Attorney, 6934 Beach Drive SW; Suite 5, Ocean Isle Beach, NC 28469 This imhumeM[ was prepared by: Susan M. Satumo, Attorney, 6934 Beech Drive SW; Suite 5, Ocean Isle Beach, NC 28469 Brief des ription for the hldo c LOT Tracts 4 & 5, THIS DEED merle this 30th day of April . 20-B by and belweca Joseph Thomas Pohmski Ann Gertrude Polanski 2118 Bay Colony Lanc Wilmington, NC 28405 Robert E. Milhom and Debra S. Milhous 145 Blue Church Court Columbia, SC 29212 The dea*rAtlo sGrantorand Grantee as used homes shag include saidpartres, thetrhehs, Successors, and assigns, and shall include singular, plural, maseWim, lemming or mace[ as required by content. WnIMSETH, that the Grantor, fora valuable consideration paid by the Gnomes, the reoWofwhichishereby ackoowk4ged, h and by these presents does gnus; bargain, sell and convoyumo the Grantee in fee simple, all that certain lotmpamel of land sium in the City of Shallotte Township, Brunswick County, NorthGmimaa more particularly described as follows: BEING all of Tracts 4 and 5 as the same are shown on a map entitled, "Recombination Survey for Joseph T. & Ann G. Polanski", dated August 8, 2007 and prepared by East Coast Engineering & Surveying, P.C., said map being recorded in Map Cabinet 43, Page 27 of the Brunswick County Registry, reference to which is hereby made for a more complete description. The property hercimbove described was acquired by Grantor by instrument recorded in Book 925 page 204 A map showing the shove descnbed properly is recorded in Plat Book 43 page 27 NC Her Association Form No. W C 1976, Revised ® 1977, 2002 Printed by Agreement with the NC Bar Association -1981 SoflPro Corporation, 333 B. Six Forks Rd., Raleigh, NC 27609 South Carolina Secretary of State Business Entities Online File, Search, and Retrieve Documents Electronically MILHOUS WOODLANDS VENTURE, LLC Corporate Information Entity Id: 00399293 Entity Type: Limited Liability Company Status: Good Standing Domestic/Foreign: Domestic Incorporated State: South Carolina Registered Agent Agent: ROBERT MILHOUS Address: 145 BLUE CHURCH CT. COLUMBIA, South Carolina 29212 Official Documents On File Filing Type Filing Date Organization 05242005 For filing questions please eontact us at 803173F2158 Important Dates Effective Date: 0524/2005 Expiration Date: N/A Term End Date: N/A Dissolved Date: N/A Copyright 02022 State of South Carolina �GOv R 'L x Q��1 oNSNG �NG� 9/21/22, 12:06 PM North Carolina Secretary of State Search Results • Fite an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Red Lips, LLC Information SOsid: 1453057 Status: Current -Active O Date Formed: 6/1812015 Citizenship: Domestic Annual Report Due Date: April 15th Currentpnnual Report Status: Registered Agent: Harrington, Allison Addresses Mailing 580 Farringdom St Lumberton, NC 28358-2615 Company Officials Principal Office 580 Farringdom St Lumberton, NC 28358-2616 Reg Office 580 Farringdom St Lumberton, NC 28358-2615 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Allison Harrington PO Box 1288 Lumberton NC 28359-2615 Reg Mailing 580 Farringdom St Lumberton, NC 28358-2616 sos'o i 0 https:/A~.sosnc.gov/online_services/search/Business_Registration_Results 1/1 10/3/22, 3:58 PM Coastal Permit Guy LLC Mail - 9193 Schuyler Dr SW Milhous Docking Facility_DWR Prefle 3 Oct 2022 MGmail Ben Brink<ben@constalpermitguy.com> 9193 Schuyler Dr SW_Milhous Docking Facility_DWR Profile 3 Oct 2022 1 message Ben Brink <ben@wastalpermitguy.com> Mon, Oct 3, 2022 at 3:57 PM To: 401 PreFile@nodenr.gov See attached. Ben Coastal Permit Uuy, LLC (910)302-5725 Helping you get your work done! COASTAL o er uirGUY 9193 Schuyler Dr SW_Milhous Docking Facility DWR Prefile 30ct2022.pdf 3372K ®�M https:Hmail.g oogle.conVmail/u/1 /?ik=8Od48a8Od2&vievn=pt&search=all&permthid=thread-a%3Ar5l4O2O3253337643322&simpl=msg-a %3Ar49478959... 111 (https://www.noaa.gov/)T! a (/) Ji�R -h I S Home (n / Products (products.html) / Water Levels (stations.html?type=Water+Levels) / 8658163 Wrightsville Beach, NC Favorite Stations Station Info TidesNVater Levels Meteorological Obs. (/met.html?id=8658163) Phys. Oceanography (/physocean.html?id=8658163) 6.0 5.0 4.0 3.0 2.0 1.0 0.0 00:00 02:00 04:00 9/26 9/26 9/26 Options for 8658163 Wrightsville Beach, ... From: Sep N/ 2022 To: Sep 2022 Units Stands Timezone LST/LI Datum (datum_opbons.html) MLW \/ r° ri Shift dates Back 1 Day Forward 1 Day Interval 6 min 1 hr H/L Day Month NOAAINOSICO-OPS Observed Water Levels at 8658163, Wrightsville Beach NC From 2022/09/26 00:00 LSTILDT to 2022/09/26 23:59 LSTILDT Monday, Sep 26 2022, 14:42 LSTILDT Predictions: 0.184ft. Verified: 1.15ft. 06:00 08:00 10:00 1200 14:00 9/26 9/26 9/26 9/26 9/26 — Predictions — Verified — Preliminary NOMINOS/Center & 1600 18: 9,26 9/2 ��M WtLMtNG'?ON, NG (https://www.noaa.gov/) TIDE _s (/) Home (/) / Products (products.html) / Water Levels (stations.html?type=Water+Levels) / 8661070 Springmaid Pier, SC Favorite Stations Station Info Tides/Water Levels Meteorological Obs. (/met.html?id=8661070) Phys. Oceanography (/physocean.html?id=8661070) 8.0 6.0 0.0 NOAAINOSICO.OPS Observed Water Levels at 8661070, Springmaid Pier SC From 2022/09/26 00:00 LSTILDT to 2022/09/26 23:59 LSTILDT Monday, Sep 26 2022, 14:30 LST/LDT Predictions: 0.32h. NOM/Nos/cemer la 00:00 02:00 04:00 06:00 0800 Verified: 0.89ft. 4:00 16:00 18: 9/26 9126 9/26 9/26 9/26 /26 9/26 912 — Predictions — Verified — Preliminary Options for 8661070 Springmaid Pier, SC From: Sep 2022 ri To: Sep 2022 C° Units Stand; Timezone LST/LI Datum (dalum_options.html) MLLW \/ Shift dates Back 1 Day Forward 1 Day Interval 6 min 1 hr H/L Day Month VtECENEO N0V 0 i ZW ®CM WILMINGTON, NC -� a 0 0 00 N o - !; a k c WIN 1001 Ui 11461aH ik N j rr�r IlrlrryYMMI.Y a aV Y -0 O •- q G x X !y_ ZrIIMIy O ` — j11 .r 2. I t_ AM M M1rrHglrlrarnrsyw+rlir...... r r w r .. nr t' alrwrrw.r wr.w.rwrr m Y g N 7 U � Nrn O1 LL i 1 ,,f. rwl.wrrn �'.wr...ww.•w.. w. M1iIV. i CAMA AND DREDGE AND FILL [ ^"r " r1, GENERAL .".- .; `.;...; :D� PERMIT DEC 14 11 as authorized by the State of North Carolina ._ ____ 7 An Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 1WNCAC -7 1-1 . I � u n Applicant Name \1 0� � P_ni nJ two LA -,as L, t Phone Number c IQ Siq 03 C, Address 94(o iirieXn. 17e.._�F__�DP—_... PROJECT DESCRIPTION SKETCH 1, 1 (SCALE: 1 ) r Pler (dock) length x 6 Vv fs111J. �ti>r it Otis) Groin length I `T-W� C�.AN hFCK a for l , number b^. No Lur ct r;-1.f`ntJ Bulkhead length AY A� d i� t max. distance offshore -fir channel dimensions ' cubic yards Boat ramp dimensions Q r Other-1 ha,,.6 Ibx to' 'X {__(o J i l Ib (O r I ItiS This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature permit officer's signature IZ ex9064 etrs attachments j '�"- e) - C� G`` I.t" application fee UG Issuing date NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AJINVJ Fee. $ ILO Q # CDAITS MHC cc Applicant: Agent/Contractor: Qen r„ (�(, LL( Project Site County: ay.. - Staff: District: Wilmington Project Name: 1_ r I Rover File: We River Basin: y Initial date of application submittal: O I Z Z Date appliration "received as complete" in the Field office: I Permit Authorization: SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes to PNA: Yes [:]No Photos Taken: Yes ❑ NOX Setback Required (riparian): ®Yes No Critical Habitat: ❑Yes )&JNo ❑Not Sure 15 foot waiver obtained: 5nYes []No Hazard Notification Returned: ❑Yes {f]No SAV: ❑Yes �No ❑Not Sure Shell Bottom: ❑Yes WNo ❑ Not Temporary Impacts: g]Yes ❑No Sure Sandbags: ❑Yes 0No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ,gYes ❑No ❑Yes *JNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes Po ❑NA ❑Yes ®No ❑NA 15 S FT. Shellfish Area ation: Project Description: (code) Development Area: (code) Open -or- Close -P Q SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Wate� Suppl�(HQW) ❑ Nutrient Sensitive Waters -(NSW) -❑-Swamp-Wsters-(-SW)— — High Quality Waters ❑ 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) 9P(SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis FZ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) p-) P(JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina oemenanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major [-IMajorModification 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 Applicant: Imo' `t I I' oe _s r ✓`Vkk b6G`Li &J Date: I 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 n New Work t-91 Replace -3'2 Maint ❑ MY ❑ N New Work a ce }A ( Man ❑ ElY4 N C /J FS New Work Replace G /e Maint ❑ ❑ Y &] N p New Work WI Replace .� O( 6R2'e'joM Maint❑ ❑Y QN `ZU ZO 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— —TOTAI:Feet---FINAL Feet — (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name - Choose One includess-any Excludes -any —total -includes-Excludesany-- - anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount / Dredge ❑ Fill ❑ Both ❑ Other f ' 2u0 G V V Dredge ❑ Fill ❑ Both ❑ Other ® Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 ::. 1.888-4RCOAST :: www. naooastalma naggement. net net revised: 02/2&18