HomeMy WebLinkAbout38-23 Bald Eagle Lane LLCPermit Class Permit Number
NEW 38-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bald Eagle Lane, LLC, 8748 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to AIWW at 8748 Bald Eagle Lane, in
Wilmington , as requested in the permittee’s application dated 4/14/22 (MP-1, MP-4), including work plan
drawings (2) Sheets 1-2 of 2 dated “received Sep 08 2022, DCM Wilmington, NC”.
This permit, issued on March 24, 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
March 24, 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
Bulkhead Replacement
1) The bulkhead shall extend a maximum of one (1) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
3) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet
piles, or other suitable materials approved by Division personnel.
(See attached sheets for Additional Conditions)
Bald Eagle Lane, LLC Permit No. 38-23
Page 2 of 3
ADDITIONAL CONDITIONS
4) The bulkhead shall be constructed prior to any backfilling activities.
5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
6) This permit does not authorize any excavation waterward of the approved alignment.
7) The fill material shall be clean and free of any pollutants except in trace quantities.
8) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
9) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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.
12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
13) 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.
14) 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.
15) 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 Nationwide Permit 3
(Action ID SAW-2022-02715).
Bald Eagle Lane, LLC Permit No. 38-23
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5657 and assigned the project DWR Project No. 20221775.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Bald Eagle Lane, LLC. c/o Brandon Grimes
2. LOCATION OF PROJECT SITE: 8748 Bald Eagle Lane, New Hanover County adjacent to Futch Creek, the AIWW,
and Middle Sound.
Latitude: 34018.00.82" N Longitude: 77044'31.17" W
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 11/08/2022 & 11/29/2022 Was Applicant Present —No
5. PROCESSING PROCEDURE: Office— Wilmington
Application Received
11/07/2022
DWR WQC Pre -filing date:
10/30/2022
Application Complete
12/8/2022
Day 30 for WQC Pre -filing
11/30/2022
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP — Conservation
(B) AEC(s) Involved: CW & ES
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing —Municipal
Planned — NA
(F) Type of Structures:
Existing — Single-family residence, wooden bulkhead, pier, gazebo, floating dock with 2 slips, and 2 boat
lifts.
Planned — New vinyl bulkhead to be installed directly in front of existing wooden bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal Wetlands)
— 375 ft2
(B) Non -Vegetated Wetlands (Open water)
(C) Other — High Ground
— 7,500 ft2
(D) Total Area Disturbed: 7,875 ft2 (— 0.18 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
8748 Bald Eagle Lane, Bald Eagle Lane, LLC.
Page Two
8. PROJECT SUMMARY: A new vinyl bulkhead is proposed to be constructed I'directly waterward of the existing wooden
bulkhead, resulting in the filling of approximately 375 ft2 of Coastal Wetlands adjacent to Futch Creek/ AIWW/ Middle
Sound.
9. PROJECT DESCRIPTION
The project site is located at 8748 Bald Eagle Lane, adjacent to Futch Creek/ AIWW/ Middle Sound, in New Hanover
County.
According to the application, the parcel located at 8748 Bald Eagle Lane has a maximum elevation of approximately
1' -13' above normal high water (NHW) and is approximately 0.68 acres. The lot has an existing single-family home
and private docking facility with the high ground vegetation consisting primarily of ornamental landscaping and
maintained i w sse lVi t-rl a a Is t—oth hie sinngle-faM[y huh bulkhea n 5i nocktng-
facilities. The project site has approximately 380' of shoreline frontage, currently stabilized by a wooden bulkhead
that approximates NHW, The Coastal Wetlands primarily consist of Salt Marsh Cord Grass (Spartina alterniflora)
located directly waterward of the existing bulkhead.
According to aerial photography, it appears that the existing docking facility on the property was constructed
sometime in the early 1990's. In 2007, General Permit 48310D was issued for a maintenance dredge project
beneath the existing docking facility, however, we were unable to locate any additional permit history for the
structure. At the time that General Permit 48310D was issued, the existing wooden bulkhead stabilized the
property's shoreline. No additional permitting history was found.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high
ground portion of the project area as Residential. The adjacent waters of Futch Creek/ AIWW/ Middle Sound in the
project area are classified SA-ORW by the Division of Water Resources and this area is designated as Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
A new vinyl bulkhead is proposed to be constructed 1' directly waterward of the existing wooden bulkhead, resulting
in the filling of approximately 375 ft2 of Coastal Wetlands adjacent to Futch Creek/ AIWW/ Middle Sound.
The applicant proposes to construct a new vinyl bulkhead and states that it would be constructed 1' waterward of
the existing failing wooden bulkhead, resulting in approximately 375 f12 of Coastal Wetland fill within Futch Creek
and the AIWW/ Middle Sound. The applicant proposes to construct approximately 375' of bulkhead directly
waterward of the current alignment, stepping out a maximum of 1' below NHW as measured from the existing face
of the timber bulkhead to the waterward face of the proposed new vinyl bulkhead. The application states that due to
elevation of the existing shoreline the new vinyl bulkhead is proposed waterward of the existing wall and would tie
into the existing neighboring bulkheads to the east and south (see Sheets 1 and 2 of 2 and Appendix B). During
the site visit on November 29, 2022, DCM noted that several areas behind the existing bulkhead are losing
sediment.
No changes are proposed to the existing docking facility. Please note that certified mail receipts are provided for both
adjacent property owners, multiple attempts at delivery were made for notification (see Attached).
8748 Bald Eagle Lane, Bald Eagle Lane, LLC.
Page Three
10. ANTICIPATED IMPACTS
The proposed 375' vinyl bulkhead would be constructed 1' directly waterward of the existing bulkhead. The
proposed new alignment would fill approximately 375 ft2 of Coastal Wetlands and Estuarine Waters/ Public Trust
Area consisting primarily of Salt Marsh Cord Grass (Spartina alterniflora). The proposed bulkhead would also
impact approximately 7,500 ft2 of high ground area. Minor increases in turbidity should be expected during project
construction.
Submitted by: Kelsey Beachman Date: December 12, 2022 Office: Wilmington
Project Narrative
As agent for Bald Eagle Lane, LLC who owns property located at 4784 Bald Eagle Lane, Wilmington,
North Carolina, I am submitting a CAMA major permit application for seawall replacement at the
address listed above. The existing wood wall is deteriorating and needs to be replaced and I plan to
install a new vinyl wall directly in front of the wooden wall that is there now. The project would mean
that some coastal wetlands would be filled, but in my professional opinion it would be more harmful to
the environment and marsh if the wall were to be replaced in the current location. In total,
approximately 375 sq. ft. (1' x 375' or the width of one vinyl wall panel along the bank) of coastal
wetland would be filled under the project scope. Some of the exiting wall is located at the normal high
water-line-and-some-is-below.the-normal high water line. This means -that approximately-200-sgrft.-of-fill
would take place below the normal high water line. We are trying to make sure the wall is replaced to
prevent future erosion and sediment release into the marsh area.
The DWR pre -filing confirmation form is included in the major permit application package and was
submitted to them on 10/30/2022.
• 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.
Thank you for yoi
910-540-5135 or
Sincerely,
Brandon Grimes
lone or email at
RECEIVED
NOV 0 7 2VZ
DCM WILMINGTON, INC
gem MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1, Primary Applicant/ Landowner Information
Business Name
Bald Eagle Lane, Lic
Project Name (if applicable)
Edward Clark
Applicant 1: First Name
Edward
MI
Last Name
Clark
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
8748 Bald Eagle Lane
PC Box
City
Wilmington
State
NC
ZIP
28411
Country
New Hanover
Phone No.
910-279-2431
ext.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
heath.clark@billclarkhomes.com
2. Agent/Contractor Information
Business Name
B And B Marine Construction
Agent/ Contractor 1: First Name
Brandon
MI
Last Name
Grimes
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PC Box
2574
City
Surf City
State
NC
ZIP
28445
Phone No. 1
910 - 540 - 5135 ext.
Phone No.
2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
RECEIVED
<Form continues on back> NOV 17 10ZZ
WILMINGTON, NC
251-309.2808 ;, 1•888.4.s'd COAST :, ., .. .... W,oastaimanagemeni.na4
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
8748 Bald Eagle Lane
Subdivision Name
City
State
Zip
Wilmington
NC
28411 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Intracoastal Waterway, Futch Creek and Middle Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Middle and Topsail Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
—[]Yes- ®No
work falls within. -- - -
New Hanover County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
approximately 380 feet
0.68 acres or 29,620 sq. ft.
c. Size of individual lot(s)
d, Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
1-13r ❑NHW or ®NWL
e. Vegetation on tract
Residential landscaping
f. Man-made features and uses now on tract
house with dock and seawall
g. Identify and describe the existing land uses adlacent to the proposed project site.
residential
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No ®NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a [--]Yes ❑No ®NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
NOV 17 2022
282-808-2808 :; 1.888.411CO eST :: www.nccoastalmana VGI*WIL1V4iNGTON, NC
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes []No
(III) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes [:]No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
county
o. Describe existing drinking water supply source.
county
p. Describe existing storm water management or treatment systems.
none
- "ctivities-andimpacts
a.
Will the project be for commercial, public, or private use?
❑Commercial
❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
owner plans to replace the failing wood seawall with a new vinyl wall just beyond the existing wall
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction,
the number of each type
of equipment and where it is to be stored.
normal marine construction, barge, mini excavator and man power
d.
List all development activities you propose.
replace seawall
e.
Are the proposed activities maintenance of an existing project, new work, or both?
new
I.
What is the approximate total disturbed land area resulting from the proposed project?
6750
®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No
❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
none
i.
Will wastewater or stormwater be discharged into a wetland?
[]Yes ®No
❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ®No
❑NA
j.
Is there any mitigation proposed?
❑Yes ®No
❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
RECEIVED
NOV 17 202Z
zsa-soa-zaoa :: 11-888-4RCOAST :: www.nccoastalmana®MM WILMNGTON,
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
B. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management,
Name Eddie and Lynne Hardy Trustees - --Phone No. - - ----
dress-a741Bald-Eagle_Lane,-WilmingtonNC-2841-1 -
Name Charles and Lisa Hicks Phone No.
Address 8744 Bald Eagle Lane, Wilmington, NC 28411
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates.
General Permit 18390 General Permit 30353
General Permit 37803
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 10/31/2022 Print Name �ndon Grimes
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information Nov 17 Z022
DCM WILMINGTON, NC
252-808.2808 :; 1.888.4RCOAST ;; www-ncc0astaimana9ement.net
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
AccessChannel
Other
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
NWL
Breakwater
shoreline
stabilization
Length
Width
Avg. Existing
Depth
NA
— NA
anal -Project
Depth
NA
NA
I. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (1) Does the area to be excavated include coastal wetlands/marsh
(CW) submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
C. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
FtECEN
NoV 17 ZOZZ
DCM WILMINGTON, N`
252-808-2808 :: 1-888-4RCOAST :: vvwrw.nccoastalmanaaement.net revised: 12/26/06
Forth DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 - Structures)
a. Type of shoreline stabilization: b. Length: 375
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL: 11
e. Type of stabilization material:
vinyl
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill aoprox 200� Riprap
Breakwater/Sill _ Other _
I. Source of fill material. --
offsite sand mine
Width: I'
d. Maximum distance waterward of NHW or NWL: It
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes NNo ❑NA
(it) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
clean sand
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? NYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water <200 r
(iii) Dimensions of fill area V x 200'
(iv) Purpose of fill
bulkhead backfill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Bill fence and other erosion control measures
c. (i) Will navigational aids be required as a result of the project?
[]Yes NNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
10/31 /2022
Date
8748 Bald Eagle Lane
Project Name
supmerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
RCW 375 so ft ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the fill in these areas:
bulkhead backfill
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
excavtor and maybe a barge. most work can be done by land
d. (i) Will wetlands be crossed in transporting equipment to project
site? [-]Yes RNo ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Bald Eagle Lane, LLC C/o Edward Clark
Applicant Name
Appli nISignature Na,h�y q rpQ !
^ WIV V 1 t
252.808-2808 :: i-888.4RCOAST :: www.nccoastalmanaoement.net revised: 12/26/06
10/30/22, 3:09 PM
Submission Completed
ti
uih
A
NORTH CAR01INA
fnvlronmrnlul Qunfit y
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Submittal Type: *
CAMA Application
Pre -Filing Meeting Date Request was submitted on:
10/30/2022
Project Contact Information
Name: Bald Eagle Lane LLC C/o Edward Clark
Who is submitting the information?
Email Address:* bandbmarineoffice@gmail.com
Project Information
Project Name: * Edward Clark Seawall replacement
RECEIVED
NOV 07 2022
f)CM WILMINGTON, NC
https://edocs.deq.nc.gov/Forms/Form/Submit 112
10/30/22, 3:09 PM Submission Completed
Is this a public transportation project?*
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
Yes No Unknown
County (ies)*
New Hanover
Please upload all files that need to be submited.
Click (tte_upload_buttoaor-dragand-drop- files -here -to attachdocument- -
Only pdf or kmz files are accepted.
Describe the attachments or add comments:
THIS project is for replacement of a failing bulkhead
* By checking the box and signing box below, I certify that:
I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
I, 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.
I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
I intend to electronically sign and submit the online form.
Signature: *
RECEIVED
Submittal Date: 10/30/2.2 NOV 07 2022
Is filled in automatically once submitted.
DCM WILMINGTON, NC
https://edocs.deq,nc.gov/Forms/Form/Submit
2/2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
December 12, 2022
Bald Eagle Lane, LLC.
c/o Brandon Grimes, B and B Marine Construction
PO Box 2574
Surf City, NC 28445
Dear Mr. Grimes:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Bald
Eagle Lane7E[C., for State approval l6r development of the subject -property locafed-at$748-Bald-Eagle-Lane,
adjacent to Futch Creek, the Atlantic Intracoastal Waterway (AIWW), and Middle Sound, in New Hanover County. It
was received as complete on December 8, 2022 and appears to be adequate for processing at this time. The
projected deadline for making a decision is February 21, 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 December 8, 2022, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Kelsey Bea man
Field Representative
cc: Cameron Luck, DCM Holley Snider, DWR
USACE Bald Eagle Lane, LLC., Applicant
Christine Bouffard, LPO Kim Harding, DMF
D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
oem cww u
"�i+u�®onwo,wb 910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
December 15, 2022
stamewslegals@jzannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Bald Eagle Lane, LLC
NORTH CAROLINA
Environmental Quality
Hello: Please publish the attached Notice in the Wednesday, December 21, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management,127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this
me at our Wilmington office.
cc: MHC Files
Cameron Luck — MHC
USACE
If you should have any questions, please contact
J
Pietila
Support & Customer Assistance
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
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for development permits in Areas of
Environmental Concern as designated under the CAMA: On December 12, 2022, Bald Eagle Lane,
LLC proposed to construct a new vinyl bulkhead I' waterward of the existing wooden bulkhead,
resulting in approx. 375 sgft. of Coastal Wetland fill at 8748 Bald Eagle Lane, LLC., adj. to the
AIWW in Wilmington, New Hanover County. Copies of these applications can be examined or
copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal
business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to January 11, 2023 will be considered
in making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
D_EQ� North Carolina Department of Environmental Quality IDivision ofCoastal Management
Wilmington Office 127 Cardinal Drive ExtensionWilmington, North Carolina 28405
rvw+n+caaa�rvn
910.796.7215
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address: 15� 74 �
Phone Number:
Lr.ld Fngte (A'-.,e
L0 k YLtk4j N C a t 11
Email Address: 11�s��4r . Ck �AlUc'.kCo0-/'l
I certify that I have authorized i� wine
Agent / Contractor
To act on my behalf, for the purpose of applying for and obtaining all CAMA permits
Necessary for the following proposed development: %u1.0 401
at my property located at
in 04v HR ADM' County,
87148 6,14 Eagle LgAt
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
C, (
Signature
Print or Type Name
Title
8 / 1 / x aa)
Date
RECEIVED
This certification is valid through I I NOV 07 2022
DCM WILMINGTON, NC
Lr,
..
Wi if n Nj
m
„a
Certified Mall Fee $4 (IC,
$
M
re Wses8Fesskd kboxad
❑aetum Re ptewdwa) E
f1J
t(eleolronle) E
O
0
❑❑RetumMal
Certified Mell ReeWdetl DeNrery E
t7
❑Adult Signature Required E
❑AduR Signature Restrktw Da'Nery S
t3
Postage
ru$1.6°
ru
retal Postage and
Tlr9?
$
ri
Sent To
Iv
O
A.Dif A-wD__L;A)A/
St reetandAW('ff.,or Ali&
M1
V-rut 12 -t. CA
t;
our website at wwwusps.00me.
cfpll�jfij
CEIVE✓ OF
.A
M
Pdstm
07
ru
O
o
DCM
IL4, NGTON NC
rruu
1./0612022�
ti
a
Alzi?Y...T.9- §TV'
�
-S....--------
;6 4VVE
........................................
r`
2Pu//
ru
.. r
m
M1
0
Ull
Certified Mall Fee $4 Gr1
0400
m
$
22
m
Edna8e17caeaFaas(d xm
add
R.W. rt c ,t ghardcowl
❑Rebsn Remlpt(ele lc)
$
It a!1.r1tJ
Postmark
O
O
n
❑Caed Meg Restricted DdWoq
$ �11_Iln
Here
O
❑Adak SlgneNre gequiretl
§
❑Adun Spnewre Restricted oelNery $
p
Postage $1.68
ru
11/04/2022
Rbtal Postegeand 76.8
ru
93
$
to
ru
Sent To
L",keae-s FWv-S
-F4 Lts/i-
p
S'treeFeitd "i:?Yo:; oritG LrdzNc:"""---"""""""'"""""""-------------------
E
M1
$�L t3AL D
FA-(�I_E-.-.-_LA^
ry-8ieie;7lP;%1+.................
- ......................---------
INILM("(ltcly
A./C 24C(- /
u' • .
J,
M1 -
o 1. M Ur-n .
Certified Mall Fee $ 4.00
m
fTl Extra Services&Fees(nackbw,addA
❑ Retum Receipt tlamwpy) $_
ru ❑ Saturn R.Npt(ele slq) $_
C3 ❑ CergAed Me l Resbicted pefl x $_
O ❑Aduft Signetumllikulred $_
O ❑ Adua Signature Res4lcted NINery§_
o Postage $1.68
ru
ru iotel Postage and "s 43
$
r�, Sent To
ru EePtt; i2 AND I,'/M)
p SiieeeeilifApt Nc:; or PO Hex"FIo:`
M1 b�N( BALD en69
bity,'§teie;7/P+-4v------""'"""
1r✓ILMINii r7iN n/L
.25 22
fate)
'00 IiPostmark
-nn Here
11/04/2022
Il4"'Y TY-vsTEFS
.....................................
LAA/E
11123/22, 10:00 AM
USPS.com@ - USPS Tracking® Results
USPS Tracking°
Ch,aJles ificv'S
Tracking Number:
70212720000233630732
Copy Add to Informed Delivery
(https://informeddelivery.usps.com/)
Latest Update
FAQs >
Remove X
We attempted to deliver your item at 2:45 pm on November 7, 2022 in WILMINGTON, NC 28411 and a
notice was left because an authorized recipient was not available.
Get More Out of USPS Tracking:
USPS Tracking Plus®
Delivery Attempt
Notice Left (No Authorized Recipient Available)
WILMINGTON, NC 28411
November 7, 2022, 2:45 pm
In Transit to Next Facility
INovember 6, 2022
49 See All Tracking History
Text & Email Updates
USPS Tracking PlusO
Product Information
RECEIVED
NOV 2 3 2022
DCM WILMINGTON, NC
https://tools.0 sps.com/go[TrackC onflrmAction?tRef=fu I I page&tLc=3&text28777=&tLabel s=70212720000233630732%2 C%2C&tABt=fa Ise
M
rD
m
a
v
n
11/10122, 10:20 AM
USPS Tracking®
�,(e
Tracking Number:
USPS.com®- USPS Tracking® Results
an,� Lynne Hardl
_TN s-tees
70212720000233630749
Copy Schedule a Redelivery
(https://tools.usps.com/redelivery.htm)
Latest Update
FAQs
Remove X
We attempted to deliver your item at 2:47 pm on November 7, 2022 in WILMINGTON, NC 28411 and a
notice was left because an authorized recipient was not available. You may arrange redelivery by using o
the Schedule a Redelivery feature on this page or may pick up the item at the Post Office indicated on the v
notice beginning November 8, 2022. If this item is unclaimed by November 22, 2022 then it will be
returned to sender
Delivery Attempt: Action Needed
Notice Left (No Authorized Recipient Available)
WILMINGTON, NC 28411
November 7, 2022, 2:47 pm
In Transit to Next Facility
November 6, 2022
9 See All Tracking History
Text & Email Updates
Schedule Redelivery
USPS Tracking Plus®
RECEIVED
NOV 10 ZOZ?
DCM WILMINGTON, NC
u
u
v
https://tools.usps.comlgo/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70212720000233630749%2C%2C&tABt=false 1/2
12/9/22, 8:49 AM
USPS.com@- USPS Tracking@ Results
USPS Tracking'
Tracking Number:
70212720000233630695
Copy Schedule a Redelivery
(https://tools.usps.com/redelivery.htm)
Latest Update
eeS
FAQs >
Remove X
We attempted to deliver your item at 3:53 pm on December 8, 2022 in WILMINGTON, NC 28411 and a
notice was left because an authorized recipient was not available. You may arrange redelivery by using a
the Schedule a Redelivery feature on this page or may pickup the item at the Post Office indicated on the d
notice beginning December 9, 2022. If this item is unclaimed by December 23, 2022 then it will be F
returned to sender
Get More Out of USPS Tracking:
USPS Tracking Plus@
Delivery Attempt: Action Needed
Notice Left (No Authorized Recipient Available)
WILMINGTON, NC 28411
December 8, 2022, 3:53 pm
Arrived at Post Office
WILMINGTON, NC 28411
December 8, 2022, 9:43 am
See All Tracking History
RECEIVED
DEC 0 9 M22
DCM WILMINGTON, NC
Text & Email Updates u
Schedule Redelivery u
https://tools. usps.co m/go[TrackConfirmAction?tRef=f u l l page&tLc=3&text28777=&tLabels=70212720000233630695%2C%2 C &tABt=true
1/2
12/9/22, 8:49 AM
USPS.com® - USPS Tracking® Results
USPS Tracking'
Tracking Number:
70212720000233630688
Copy Schedule a Redelivery
(https://tools.usps.com/redelivery.htm)
Latest Update
FAQs >
Remove X
We attempted to deliver your item at 3:48 pm on December 8, 2022 in WILMINGTON, NC 28411 and arD
notice was left because an authorized recipient was not available. You may arrange redelivery by using Q
the Schedule a Redelivery feature on this page or may pickup the item at the Post Office indicated on the n6
notice beginning December 9, 2022. If this item is unclaimed by December 23, 2022 then it will be
returned to sender
Get More Out of USPS Tracking:
USPS Tracking Plus®
Delivery Attempt: Action Needed
Notice Left (No Authorized Recipient Available)
WILMINGTON, NC 28411
December 8, 2022, 3:48 pm
Departed USPS Regional Facility
FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX
December 7, 2022, 9:29 pm
See All Tracking History
Text & Email Updates
RECEIVED
DEC 0 9 2022
DCM WILMINGTON, NC
u
Schedule Redelivery u
https:/Itools.0 sps.com/gofTrackConf irmActi on?tRef=fu I I page&tLc=3&text28777=&tLa bels=70212720000233630688%2C%2C&tABt=true
112
(C--aJelll�IA
N.C. DIVISION OF COASTAL MANAGEMENT 0-
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION (QW OR -PERMIT)
CERTIFI_ ED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERED
�{�nt.le5 iitC.ICS q�l5�Lo�z-
Date
Name of Adjacent Riparian Property Owner
4B-7 41' 'az ld FaLi Ic (-rJ
Address
lAJW(n Cj-FOp
City, state zip
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner that 1 am applying for a CAMA UWerpemtit to
f-eP(a(e i3sttlG.esw�4
on my property at �-,) 1`rB '1�ald EaaG W vrtiN 3-. ci- � LLiLw NC ae41
Property Owner's Name
910 17R-Z-131
Telephone Number
Address 97vy p/eW-5.1610" City /�// /4./&r State �r/C Zip
X I have no objection to the project described in this correspondence.
I have objection(s) to the project described in this correspondence.
�Z
Adjacent Riparian Signature
Date
Print or Type Name Telephone Number
RECEIVED
Address City State Zip NOV 07 2022
D�V�1AeWP�yNIIN ;Tm NC
TAMMYTHEUSCH BEASLEY New Hanover County
Register of Deeds Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 • Fax 910-798-7751
State of North Carolina, County of NEW HANOVER
Filed For Registration: 12/16/2016 04:23:44 PM
Book: RB 6025 Page: 460-470
11 PGS $26.00
Real Property $26.00
Recorder: SHANNON ZICKEFOOSE
Document No: 2016041054
�OONT Y'•Y
0
z ;
0
i
(���sUunpn•
#titrttt**it*tt*#Rttt#t****t#R*R#ttttfirttR*#Rt##t#ii#*#i#itit*#*rt**t*R*t##*#i#*#R**#*##f####*iitt*tits*i#t11*
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
RECEIVED
NOV 07 2022
nu
BK: RB 6025
�III���91mI��IIIIII�IN1�
�OR4DED.
12-16-2016
2016041064
NEW HANOVER COUNTY, NC NC FEE 528.00
04:23:44 PM
TALMYTNEDSCH BE SLEY
BY. SwwxaN2ldQ:FODBE REOISTEROFDEEUS
DEPUTY
RECEIVED
SPECIAL WARRANTY DEED NOV 07 2022
Parcel Identification No: R03017-002-008-001
DCM WILMINGTON, NC
Revenue Stamps: $ 0.00
❑ If checked, the property includes the primary residence of at least one of the parties
depicted as party of the first part.: (N.C. Gen. Stat. § 1057317.2)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS SPECIAL WARRANTY DEED, made and entered into this the ]6k day of
2016 by and between WILLIAM H. CLARK, JR., and wife, ASHLEY
POLLARD CLARK, LANCE L. CLARK, and wife, MELISSA A. MACKENZIE CLARK, and
EDWARD H. CLARK, and wife, CASEY LYNN HUNT CLARK, collectively, the party of the
first part (the address of the party of the first part is: 200 East Arlington Boulevard, Suite A,
Greenville, NC 27858); and BALD EAGLE LANE, LLC, a North Carolina limited liability
company, party of the second part (the address of the party of the second part is: 200 East
Arlington Boulevard, Suite A. Greenville, NC 27858.
WITNESSETH:
That the party of the first part in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by
the party of the second part,, the receipt and sufficiency of which are hereby acknowledged, and
Prepared by Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-0$67
Please return to Ward and Smith, P.A., 1001 College Court (28562), Post Office Box 867, New Bern, NC 28563-
0867
Attention: William E. Martin
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title from Ward and
Smith, P.A.
EXHIBIT A
All that certain tract or parcel of land lying and being situate in the City of
Wilmington, New Hanover County, North Carolina, and being more
particularly described as follows:
That certain tract or parcel of land described in the Deed from Eileen B.
Rock, unmarried, individually and as Trustee, to William H. Clark dated
January 31, 1096, and recorded in Book 1982, at Page 1065 in the office
of the Register of Deeds of New Hanover County, the description in said
Deed being incorporated herein by reference.
This is the same real property described in the Deed of Gift dated January
23, 2009 and recorded on January 29, 2009 in Book 5373, at Page 1998, in
the office of the Register of Deeds of New Hanover County.
The property herein described is intended to be the same property as the
property conveyed by Gloria E. Clark, by and through her attorney -in -fact,
William H. Clark, and husband, William H. Clark, as Grantor, to
Edward H. Clark, Lance L. Clark, and William H. Clark, Jr., as equal
tenants in common, as Grantee, by deed dated March 29, 2012, and
recorded in Deed Book 5640, at Page 1365, in the office of the Register of
Deeds of New Hanover County, North Carolina.
This conveyance is made together with and subject to easements of record
or on the ground, restrictive covenants of record, and ad valorem taxes for
the current year, which taxes the party of the second part, by accepting this
deed, agrees to pay.
RECEIVED
NOV 07 2022
DCM WILMINGTON, NC
STATE OF NORTH CAROLINA
COUNTY OF \4
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: CASEY LYNN HUNT CLARK
Signature o tary Public
:S--Q w -
Notary's printed or typed name
My commission expires: \ `aoaap
(Ofcidl
apz�r
Notary seal or stamp must appear within this box.
160719-00002ND:4839-6984-4787,v.1
RECEIVE,
NOV 07 2022
DCM WILMINGTON, NC
STATE OF NORTH CAROLINA
COUNTY OFN o.J \\c nNon l
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: EDWARD H. CLARK
Date: , �a ao\Lp
'Signature dWolaryPub\lic
c gw ` cxps
Notary's printed or typed name
My commission expires: P!Q, 1,8_�
(official seal)
�%%N�"%SNOLOF
>Z�
J
Notary seal or stamp must appear within this box.
RFCEIVE®
o 0 q Nzz
DCM WIL.MINOTON, NC
STATE OF NO TH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: MELISSA A. MACKENZIE CLARK
Date: q _ 1 - 40I U
Signahire of Nary Public
�Iis+lj a FUCL
Notary's�ed or typed name
My commission expires: ag 20 12
(Official Seal)
tVtl'Illl8f0ot "'qi
YQ pZARY
: O c
4r COv?���`���
Notary seal or stamp must appear within this box.
RECEIVED
Nov 0 7 202Z
DCM WILMINGTON, NC
STATE OF NORTH CAROLINA
COUNTY OF P - R
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: LANCE L. CLARK
Nntary
-10
Signature of Notary Public
���cL—F i�&uiS
Notary's printed or typed name
My commission expires: wig
.NRtory PuVIC
Pin'C�ntY
cnnc�
or stamp must appear within this box.
RECEIVED
NOV 07 Mz
DCM WILMINGTON' NC
STATE OF NORTH CAROLINA
COUNTY OF P JV
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: ASHLEY POLLARD CLARK
Date: beeerv%6er 7, a.C)IC
(Official Seal)
W' pYN JFNy,ve
�ptARY 0
pp96�� V
COUN�.O����
�f � [I,?iwvwr�pei
SignblurofNotaryPt lic
Mar4 Kehr!jn J r K) r\gs
Notary's printed or type name �
My commission expires: w2oig,
Notary seal or stamp must appear within this box.
RECEIVED
NOV 0 7 2022
DCM WILMINGTON, NC
STATE OF NORTH CAROLINA
COUNTY OF Pijj
I certify that the following person personally appeared before me this day, acknowledging to me
that said person signed the foregoing document for the purpose(s) stated therein, in the capacity
indicated therein: WILLIAM H. CLARK, JR.
Date: 1) ECervIt:r 13 , aOl 6
I�arY (P(at1lr4)\ J e-An,,tjs
Notary's prined or typed name
My commission expires: a0 it
(Official Seal)
``gyp 010 JFHy-',
A NOTARY yG�
2 m
e PU900 a
seal or stamp must appear within this box.
RECEIVED
NOV 07 2022
DCM WILMINGTON, NC
6 �
6 SEAL)
(
Edward H. Clark
qmq cgo'� (SEAL)
Casey Lynn Hunt Clark
[Notaries begin on next page j
RECEIVED
NOV, 07 2022
OCM WILMINGTON, NC
RECEIVED
NOV 07 2022
DCM WILMINGTON, NC
as an initial contribution of capital to the party of the second part, has granted, and conveyed and
by these presents does grant and convey unto the party of the second part, said party's successors
and assigns, the following described property to wit:
See Exhibit A attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD said property and all privileges and appurtenances
thereunto belonging to the party of the second part, said party's successors and assigns, forever.
And the party of the first part covenants that said party has done nothing to affect
such title to the aforesaid property as was received by said party and agrees to warrant and
defend the title to said property against the lawful claims of all persons claiming by, through, or
under said party, but no further.
IN TESTIMONY WHEREOF, the party of the first part has caused this
instrument to be executed under seal in such form as to be binding, this the day and year first
above written.
(SEAL)
Willi m H. C Irk, Jr.
(SEAL)
Ashley Pollard Clark
(SEAL)
Lance L. Clark
1ML — W UAAk, (SEAL)
Melissa A. Mackenzie Clark
Beachman, Kelsey
From:
Beachman, Kelsey
Sent:
Wednesday, November 23, 2022 9:56 AM
To:
bandbmarineconstruction@gmail.com
Cc:
MacPherson, Tara
Subject:
ADDITIONAL INFORMATION REQUESTED - 8748 Bald Eagle Lane Major Application
Good morning Brandon,
ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS- 8748 Bald Eagle Lane, Wilmington, NC 28411
DCM received your CAMA Major Application request for a new bulkhead on 11-07-2022 at the subject
—address.-In-reviewing-your-application, we have discovered that additional information is needed -fora -complete
application. Please provide the following:
Work Plats
• Please provide a sheet number for the hand -drawn site plan that was submitted and adjust the sheet numbers for
the google earth aerial and provided cross-section to reflect the added site plan
• For the bulkhead dimensions, can you please clarify whether the westernmost section of the proposed bulkhead
measures out to 50 or 55 feet?
Other Questions & Comments
• Even though you submitted a signed notification form for Mr. Charles Hicks, a notification needs to be sent to
him certified mail as it is required for major applications
• Please send another certified mail notification to Eddie and Lynne Hardy Trustees, two delivery attempts need to
made in order for DCM to accept the notification
• As a note, the 30-day review period for your DWR pre -file has yet to reach its deadline (11/30/2022), therefore
your major application cannot be fully processed until this deadline passes
Thank you,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office: (910) 796-7270
kelsev.beachman@ncdenr.eov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Find a Field ReD (arcois.com
Email comnspondence to and from this address a subject to the hiodh
Carolina Public Records Law and may be disclosed to thi ci pafts
RECEIVED
NOV 2 3 2022
DCM WILMINGTON, NC
November 29, 2022
Ms. Beachman,
On November 23, 2022, you sent me an email asking for more information on the 8748 Bald Eagle Lane
project, in Wilmington.
In response to your email I want to address your questions by providing the following.
• The hand drawn work plat drawing that I've attached is labeled as "Appendix B". If this is not
acceptable, please let me know.
• he hand drawn work plate rd awing shows approxim�ly 50ee o wal al along the western
shoreline making the total wall length 375'. Let me know if there is a problem with this.
You had other questions about the notification forms and I wanted you to know I have already sent out
a 2"a round of certified mail. I will turn the receipts in as soon as I have them.
As of tomorrow (11/30/2022), the 30 day DWR pre -filing notice should be up and hopefully with the
information provided above, you can accept my permit application package for processing. I realize it
wont be complete with out the certified mail forms, but I hope you can go ahead and send it out for
review.
Thank you and please call me if you have any questions.
Brandon
910-540-5135
RECEIVED
DEC 07 2022
DCM WILMINGTON, NC
r r ... -
•' �4. 'jxis 1
jI �Yt ,f) yvy �q
I.yJy
IF
vw
41
It
4s
j Y Rf
.l �0A�i`Y4}!•yyy `\. r? '", ,LiiyvY, t^4 nis4 �'`i'.,i .",y l - .}
Y
4Pj$�,$-:BaldEagle Lane,yg °'" le'L
,LLC C/oEtlward` Bdl' Clark 8748 Bald Ea ane
al n3\
�. � .4 �' ° j-"ia � r' � P s l � s a +�'�,_ "{.�L° P' s �'�` � " � r �• *� i
,�`�"��y �2. ft�:;d �f ���yfs..Y 1. eh„�`. �" �1
b e k " t e r}S C x 3 fa
j �,.., f �i 7 Y d t k? "
` ��� Porters Neck s� i4
It
4x
,P (J P
f i PUC2Br3 NeC1C) - i3+' aw re t� t it rr t A7
�yt !".'
rshore Elementary SchOO1 5 Y �
10,
Google Earth Imagery date: 6/13/...
TerraMetrics Data SIO, NOAA, U.S. Navy, NGA, GEBCO
1,000m i Camara: 9,281m.34°1T58"N77°4...
y F' f+t
't 4N
t XXyy 5. i i� �
1
r
�:c"
��� e .
x
oin
ti
QNtch Creek
4
Bald Eagle Lane, LLC C/o Edwards Bill" Clark 87�48 Bald Eagle LaneWllmington, NC
pj
,aka,&
., lY i✓a..1 AL
��
'T.,.Z
bit
a AN
Linda Rope Interiors Mgt
t4-
pop pWy �Y r Nz j.•� �
vi
pr
Google Earth Imagery date: 11... I 100 m Camera: 1,132 m 34°18'04"N 77°44'33...
0 n
3
O cc
o _
O m
v
z as
n fD
N r
00
A O
N m
N
C ? Q
o
� v
Ort0 3
O Q n
:3 N <
z 00 O
c� m m
CO m S
4 v
f m ❑.
N �
�00o
3 CO m
W CL m
m O_ r
v v
n m v m
N of F r
Ol
N
Ln p o D co n co
w w ,v-r -ap A O a
m m 3 m m
co CL
O O' 00� 4 nL OA
'I W X O Q y Ul co 0 7 M Q r
O Z \ OJ G
N N z( n 7
O N (� m v
0 m
co
O
D m
-a 1. N
0 3
o m
X
3
N
r+
CD
O
_S
�
N
S
rt
C
N
N
tG
(rtD
N
z
/
v
O
O
m ...
a.
1�
O
O n
o
m v
Q � H
6
C _
S
m �*
N y
O_ 7
Q
14
.4*
Dogle
T
$h
Lower Coastal (' "
Wetland Limit.
"Upper limit is
existing bulkhead.** ' " Normal High Water
AIMO
., Coastal Wed
Ato
8 48 1' Ea le. Lane,.Wimini
n Ipa r
V-i
Hai Ail Y "
c ixlSt
Pr
WE
440
a
� 1 TJ
TIE -ROE
5' (APPROX
MUD LINE
SHEET PILE
BULKHEADING
(III 1111 1A I
ROE
SHEET PILE
BULKHEADING
6x6 W � ..
DETAIL A: ELEVATION VIEW
SCALE: 8" = 1'
2' (0.35H)
D=5' min
8' (TYP)
12' (10' MIN)
DETAIL B: PLAN VIEW
SCALE: = 1'
i
2" X 12" CAP (OR SIMILAR)
BEVELED WASHER-1
t
2- 6X6 WALER
4.5 PMjvv
MEDIAN WAT
MLW _
WEEP HOLE
10' MIN.
D=S min
MARSHIMUD LINE
PROPOSED GROUND (LEVEL)
rjr_Orr
LL �
DEAD -MAN, 6" PILING,
L=8' MIN
8' TIE -RODS (MIN)
GRAVEL, APPROX. 5 CUFT
ADJACENT WEEP HOLE
GEO-TEXTILE FROM GROUND LEVEL TO
MEDIAN LOW WATER, LENGTH OF BULKHEAD
SHEET PILE
BULKHEADING
SECTION VIEW B-B: PROPOSED BULKHEAD
SCALE: 3/16' = 1'
CROSS SECTION DRAWING
o f Z..
Bald Eagle Lane, LLC
C/o Edward Clark
8748 Bald Eagle Lane
Wilmington, NC 28411
Sheet 2 of 2
Date:10/30/22
Prepared by: Brandon Grimes
RECEIVED
NOV 0 7 20P2
DCM WILMINGTON, NC
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bald Eagle Lane, LLC COUNTY: New Hanover
PROJECT NAME: 8748 Bald Eagle Lane
LOCATION OF PROJECT: 8748 Bald Eagle Lane, adj. to AIWWIFutch Creek/Middle Sound in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-8-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Beachman
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 12-21-22
NOTICES REC'D:
C) 75 DAY DEADLINE: 2-21-23
HOLDS:
MAIL OUT DATE: 12-16-22
PERMIT FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $400 (60/40)#6740402730
END OF NOTICE DATE: 1-11-23
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 1-I1-23
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR — Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR —Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
NC Division of Coastal Management
Major permit Application Computer Sheet
AEC Al VvMl
Fee: $ # le4l 40z"
CDAITS MHC cc
Applicant:
Agent/Contractor: 6Aes
Project Site County: vex -
Staff:
District: Wilmington
Project Name:
6
C
Rover File: n/a
River Basin:
Initial date of application submittal: / Z
Date application "received as complete" in the Field office: Z 2 2
oo� mif Auihnr,atinn IKr.AMA bd Dredae & Fill I (Both I
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Yes ❑No
PNA: Yes ❑No
Photos Taken: Yes ❑ No❑
Setback Required (riparian): ❑Yes ,IlNo
Critical Habitat: ❑Yes ❑No Not Sure
15 foot waiver obtained: ❑Yes XNo
Hazard Notification Returned:
❑Yes DVo
SAV: ❑Yes �No ❑Not Sure
--
Shell Bottom: ❑Yes ❑No ) o
e Impacts- Yes —❑No
Sure
Sandbags: ❑Yes �yN0 ❑Not Sure
Did the land use classification come
Mitigation Required (optional):
'®No
from county LUP: 5OYes ❑No
❑Yes
Moratorium Conditions:
Environmental Assessment Done:
❑Yes ANo ❑NA
Length of Shoreline:
390 FT.
❑Yes JANo ❑NA
I Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- Closed
O . l $ acfres
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW)
❑ High Quality Waters (HOW) XX Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp )
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ ill(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comn-IF
can be applied - $250
acre; 4144 can't be applied
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development inv
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 and/or $250
t III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Applicant: (G tc .
Date: 2-IZ Z.'Z
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.
Activity Name
TYPE
REPLACE
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
1
NewWork�
ce
Ma t❑
®YaON
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
O—
RCPlace—
-
Maint—
❑ Y ❑ N
❑
Replace
❑ Y ❑ N
❑
tNewWo,k
Replace
❑ Y ❑ N
❑
Replace
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount)
Cj
Dredge ❑ Fill �. Both ❑ Other ❑
3�
Dredge ❑ Fill Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both Cl Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733.2293 :: 1.888-4RCOAST :: www.nccoastatmanagement net
revised; O2/26/18
RECOMMENDATIONS FOR 8748 Bald Eanle Lane, Bald Ea-gle Lane, LLC. 12/1212022
The applicant has an existing failing wooden bulkhead. The proposed bulkhead will extend no further below NHW or within
Coastal Wetlands than necessary to construct a new bulkhead. The alignment should not result in significant adverse
impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend
greater than 1' waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based
on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the
applicant's submittal.
As proposed, this office has no objections to the proposed project and any permit issued should include the standard
permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for
bulkheads and upland development.
*'
m°
Ul
G
v
m
l0
W
U
0
m
00
uo
ao`v
r,
z
N
C
o
j�y
nC0
G2,
E
y
�
O
o
U
�
+n
`
o
m
vQ
N
a
�
o
U
Z
h
O
G
o
m
Q
�
C
J
{i
v
to
Z
�
`
W
a
o
m
E
0
_
o
U
�
�
u
2
v
U
m
c
cou
o
v
v
+'
O
a
O
N
M
�
O
�
N
�
Cr
N
Major Permit Fee Schedule
Pro'ect Name: C un Check No & Amount:
,d ale lager Lcc- Otul�MQJer 610402:73o
O'0
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
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
10 0 ($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
$4
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/of open water areas:
DCM Coordinator: Cameron Luck
County:
Permit #:
WIIRROE-MAIL DISTRIBUTION SHEET
Circle on CBioReport Permit for: t vV `r `^ `Il wLouw�
Oversize li i
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 & Amanda)i_
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Pender & Carteret Cc): PN, CL, Reports, Split Sheet
use both r ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_
L eg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
rdsr - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet_
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Kim Harding _
DCM Planner/WIRO:
V ZMlike Christenbury
Cultural Resources:
_
"/enee Gledhill -Earley Environmental.Review(a)ncdenroov_
Natural Heritage Prog.
Rodney Butler
DCA-Rural Eco. Dev:
ark Ziegler
NC DOT:
Vl avid Harris
Wildlife Resources:
aria Dunn w/Reports
State Property Office:
4TT,Walton: DEED
e Moser_nda
Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
J7emy Humphrey (Bio) / _
vRpdrew Haines _
DEMLR:
C ristine Hall - Stormwater Section _
an Sams - Land Quality Section
eidi Cox
Public Water Supply:
City of Wilmington:
Enforcement:
Field Rep:
Co. LPO
�4j�A
Agent:
DISTRIBUTED: I?/ 1 �e
Updated 12101122 CAMA/Shaun majors docs/e'Agency List
n
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bald Eagle Lane, LLC COUNTY: New Hanover
PROJECT NAME: 8748 Bald Eagle Lane
LOCATION OF PROJECT: 8748 Bald Eagle Lane, adj. to AIWW/Fuick Creek/Middle Soured in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-8-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 12-21-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 2-21-23
HOLDS:
MAIL OUT DATE: 12-16-22
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: $400 (60140)46740402730
END OF NOTICE DATE: 1-11-23
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 1-I1-23
RECEIVF,I)
IJEC 16 2022
DWA-MI-ID Cl rif
AGENCY
COBJECTIONS:
RETURNED
YES NO
NOTES
DCM — Field Rep
dURNED
�2DCM
— LUP ConsistencyDeterminationLocal
Permit Officer
Corps of Engineers — Regulatory Branch
N-P- Ton-o2 )5
DWR-401 Section
3
�( :i
DWR -Public Water Supply
DEMLR— Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
5
too co
DMF - Shellfish Section
�j
\
b vxrwfMX
DMF — Habitat & Enhancement
2M
XA
h covvk"��
DNCR—Archives&History
DNCR—NaturalHeritage Program
NCDOT
NC Dept of Commerce
I
p
DCM Coordinator: Cameron Luck
County: 'Ns '
PenUn it #: ' 'v
WIRO E-MAIL DISTRIBUTION SHEET
Circle onCBioReport Permit for: U( ``^'ll�' A'Kt( w�
Oversize
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 & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:rreCurrey
Pender & Carteret Co): PN, CL, Reports, Split Sheet _
use both onNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
(NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: ider- 401 (BR/NH): PN, CL, Reports, Split Sheet
ider - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet
Div of Water Resources: VSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _
Marine Fisheries:
Kim Harding _
DCM PlannerMIRO:
Cultural Resources:
Natural Heritage Frog.
Vulike Christenbury _
VRReenee Gledhill -Earley Environmental.Reviewkancdenrgov_
vR//odney Butler
DCA-Rural Eco. Dow
NC DOT:
"ark Ziegler _
W��avid Harris _
Wildlife Resources:
VM//aria Dunn w/Reports
State Property Office:
X Walton: DEED
e Moser _
Hilliard, Real Property Agent (Bio Reports only)
!aanda
Shellfish Sanitation:
Jyyyrrremy Humphrey (Bio) / _
X.fiptlrew Haines _
DEMLR:
✓Cjlristine Hall - Stormwater Section _
an Sams - Land Quality Section
Public Water Supply:
,11eldi Cox _
City of Wilmington:
horstoJn'—
Enforcement:
st_ VWWA �����/�
Field Rep: r """
Co. LPO
rr��
G' ��xt'% •
RECEIVED
Agent:
G 2022
l�
MA-MHD CITY
DISTRIBUTED:
Z�
Updated 12101122
CAMA/Shaun
majors docs/e'Agency List
RECOMMENDATIONS FOR 8748 Bald Eagle Lane Bald Eagle Lane LLC. 12M212022
The applicant has an existing failing wooden bulkhead. The proposed bulkhead will extend no further below NHW or within
Coastal Wetlands than necessary to construct a new bulkhead. The alignment should not result in significant adverse
impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend
greater than 1' waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based
on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the
applicant's submittal.
As proposed, this office has no objections to the proposed project and any permit issued should include the standard
permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for
bulkheads and upland development.
DEC 16 2022
DM,'IHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.l uck(a)NCDE N R. oov
SUBJECT: CAMA /D & F
Applicant: Bald Eagle Lane, LLC
Project Location: 8748 Bald Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
PRINT NAME Mark Brown DEC 2 02022
AGENCY Public Water Supply MP SECTION
OCM MHD CITY
SIGNATURE "k Ou" DATE 12/20/22
�Dkg
o.�wn a e,wa.,r�oi wen
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
MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application: Bald Eagle Lane,
LLC - New Hanover County
Date: March 1, 2023
This project is consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes a new vinyl bulkhead to be constructed 1 ft. directly waterward of
the existing wooden bulkhead, resulting in 375 sq. ft. of coastal wetland fill adjacent to
the Futch Creek/AIWW and Middle Sound in New Hanover County. The project is
located at 8748 Bald Eagle Lane in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW and ES.
Waters at the project site are classified as SA ORW and are closed to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File
t!$k, a,12023
W §WIdN
Epp MHD CRY
Received: 1/4/2023
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 23-0025
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11.12-09)
cameron luck(o)NCDENR.gov
SUBJECT: CAMAID & F
Applicant: Bald Eagle Lane, LLC
Due: 1 / l 1 /2023
No Comment —SBA
1/11/23
Project Location: 8748 Bald Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
Historic Preservation Office
RECEIVED
JAN 2 4 2023
MP SECTION
DCM MHO CITY
DATE 01 /24/23
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
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(o)NCDENR. oov
SUBJECT: CAMAID&F
Applicant: Bald Eagle Lane, LLC
Project Location: 8748 Bald Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached
comments. RECEIVED
MAR 07
PRINT NAME Shannon Jenkins
MP SECTION
DCM MHD CITY
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE for Shannon Jenkins DATE 12/21/2022
MQ:
pgYYrM! anlwvMb� Ou+p�
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: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROCERS, JR.
Director
Edward Clark
8748 Bald Eagle Lane
Wilmington, NC 28411
NORTH CAROLINA
Environmental Quality
February 13, 2023
Subject: Approval of Individual 401 Water Quality Certification
8748 Bald Eagle Lane, Atlantic Intracoastal Waterway
USACE Action ID # SAW-2022-02715
Dear Mr. Clark:
RECEIVED
MAR 0 7 2023
MP SECTION
DCM MHD CITY
DWR # 20221775
New Hanover County
Attached hereto is a copy of Certification No. WQC005657 issued to Edward Clark, dated February 13,
2023. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with 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.
D E Q�� forth Carolina Department ofHmironmental Quality I Division of Water Resources
127 Cardinal Drive Ext. I Wilmington, North CarolinA 28405
�-� 910.796.7215
rw wm�
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9CtE Clark, 8748 Bald Eagle Ln
D W R# 20221775
Individual Certification #WQC005657
Page 2 of 10
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements forfiling a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com
I 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
Department of Environmental Quality MAR 0 7 2023
1601 Mail Service Center
Raleigh, NC 27699-1601 MP SECTION
DCM 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 910-264-3285 or hollev.snider@ncdenr.aov if you have any
questions or concerns.
Sincerely, DocuSlgned by:
[onSAK&L,' -U4
E3ABAt4AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Brandon Grimes, consultant
Greg, Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20221775_Clark_8748 Bald Eagle Ln_IWQC_NHCo_Feb23
North Carolina Department of Environmental Quality I Division Water Resonates
512 North Salisbury Street 1617 Mail Sen'ire Center I Raleigh.. North Carolina 2]699-161]
919.]07.9000
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E
Clark, 8748 Bald Eagle Ln
D W R# 20221775
Individual Certification#P g�EIVE®
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
MAR 0 7 2V3
CERTIFICATION #WQC005657 is issued in conformity with the requirements of Section 401, Publi§ "VIRSSECTION
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 0 Nb50bHD CITY
and 15A NCAC 02B .0200, to Edward Clark who has authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on December
16, 2022, and by Public Notice issued by the Division of Coastal Management on December 21, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units) Permanent
Plan Location or Reference
Coastal Wetlands
Project Narrative, LAMA
Bulkhead Backfill
0.0086 acres (375 sq. ft.)
Application, appendix b and
Sheets 1 and 2
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H.0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
Noah Carolina Department rStreet
1 1617 oamemal Qualify l Division . Water Resona 27
512 Noah Salishury Sveel 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E Clark, 8748 Bald Eagle Ln
D W R# 20221775
Individual Certification #WQC005657
Page 4 of 10
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
4. MORATORIUMS
If such activities should take place during periods of high biological activity (e.g. anadromous
species and shorebirds), biological monitoring may be required at the request of other state and
federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal forwaters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity Ieve4e►yaU�got
be increased. 1 EIVED
Citation: 15A NCAC 02B .0221 MAR 0 7 2013
Justification: Surface water quality standards require that conditions of waters be suitable for all 6
best uses provided for in state rule (including, at minimum: aquatic life propagation �� 'WkCTION
MHD CITY
D E Q North Carolina Depanmeal of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
re.warm....m o.m� 919.7079000
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E Clark, 8748 Bald Eagle Ln
DW RN 20221775
Individual Certification #WQC005657
Page 5 of 10
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC O2H .O5O6(b); 15A NCAC O2H .O5O7(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .O5O7(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sedimentand Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and wa (�pgi��l9e,
including contractor -owned or leased borrow pits associated with the project. u l e CIJ
materials required for stabilization and/or repair of erosion control measures apfi Sto�rrl �Oter
routing and treatment shall be on site at all times. �NIAAKK II
For borrow pit sites, the erosion and sediment control measures shall be designw, iWGI OF11
operated, and maintained in accordance with the most recent version of the W* Cwnh'1'ITy
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
D_E Q�� North Carolina D r) Stye m of Environmental Quality I Division of Water Resources
5I2 North Salisbury Street I I617 Mail service Center I Raleigh, Nosh Carolina 27699-1617
^TM^" 919,7079000
b O
DocuSign Envelope ID: 15A5D99B-45144FF4-9DBA-BF89797D9C1E Clark, 8748 Bald Eagle Ln
DW R# 20221775
Individual Certification #WQ0005657
Page 6 of 10
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-Il, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200,,15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a mannerthat results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 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 offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background cRECEIVED
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause ac ffF0 7 2023
MP SECTION
North Carolina Deparoneat of Environmental Qnality I Division of Water Resources DCM MHD CITY
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
taa .... 'm 919.707.9000
DocuSign Envelope ID: 15A5D998-4514-4FF4-9DBA-BF89797D9ClE
Clark, 8748 Bald Eagle Ln
DW R# 20221775
Individual Certification #WQC005657
Page 7 of 10
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .O507(c); 15A NCAC 018.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving watershall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c,E RE VE®
fill or other solids, or dissolved gases shall not be present in amounts that may cause a�e se
impacts on existing wetland uses; and (3) Materials producing color or odor shall notoA�rff q
in amounts that may cause adverse impacts on existing wetland uses. �023
12. Application of fertilizer to establish planted/seeded vegetation within disturbed rin §154�1I0N
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Fe*QICITY
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 .O506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 ,0200; 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
North Carolina Departrneat of En uonmental Quality I Division of Water Resources
512 North Salishury Street 11617 Mail Senice Center I Raleigh. North Carolina 276994617
".ewm� 919.7079000
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E Clark, 8748 Bald Eagle Ln
DW R# 20221775
Individual Certification #WQC005657
Page 8 of 10
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage. RECE'l i
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) CI,CED
Justification: Surface water quality standards require that conditions of waters be suitgry VWe(fo 611
best uses provided for in state rule, and that activities must not cause water pollWg that
precludes any best use on a short-term or long-term basis. The Division must &XVot Oli�Al
activity has avoided and minimized impacts to waters, would cause or contribute to a vIOISIR
of standards, or would result in secondary or cumulative impacts.
15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201
Nonh Carolina Department of Envimmnental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
noum�� ww 919.707.9000
.na n...wmw
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF89797D9C1E Clark, 8748 Bald Eagle Ln
DW Rtt 20221775
Individual Certification #WQC005657
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a 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 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .05O6(b); 15A NCAC 021-1.O507(c); 15A NCAC 028.0231 RECEl1 ,c
Justification: Wetland standards require maintenance or enhancement of existing us o V `D
wetlands such that hydrologic conditions necessary to support natural biological an s,9df 20 3
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 'U Q!OeN
may cause adverse impact on existing wetland uses. A4HO Oln,
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC O2H .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
DfQNorth Carolina Department of 617 Mail San Quality I Division , Water Resources
512 North Salisbury Sveel 11617 Mail Service Center I Raleigh, North Carolina 2]699-I617
919.707.9000
DocuSign Envelope ID: 15A5D99B-4514-4FF4-9DBA-BF8979709C1E
Clark, 8748 Bald Eagle Ln
D W R# 20221775
Individual Certification MWQC005657
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC O2H .O5O6(b); 15A NCAC O2H .O507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC O2H .O5O6(b); 15A NCAC O2H .O5O7(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC O2H .05O7(c)j
MSK/hs
This, the 13th day of February 2023 VF
DocuSigned by:
1 MqR
CAV�.U.A saln.uuu�—[Ci" o72023
E3ABA14AC7DC434... CC4f SEC),
10 Sanchez -King MyD /C/V
Regional Operations Supervisor C/7Y
D_EQ� NonliCamlitiaDepanilientofEnvironinentalQtialiry I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.7079000
ROY COOPER
Governor
ELIZABETH S. B►SER
Secretary
BRAXTON DAVIS
Director
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(o)NCDENR.ctov
SUBJECT: CAMAID&F
Applicant: Bald Eagle Lane, LLC
Project Location: 8748 Bald Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE DATE
����jj��D_E Q��
A Nrv�4um"N f 90
RECEIVED
FEB 14 20
MP SECTION
DCM MHD CITY
02/14/23
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
Received:]/4/2023
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 23-0025
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.l uck(a).NCDENR. aov
SUBJECT: CAMA /D & F
Applicant: Bald Eagle Lane, LLC
Due: 1 / I 1 /2023
No Comment —SBA
1/11/23
Project Location: 8748 Bald Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
j
SIGNATURE v
DATE
01 /24/23
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
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02715 County: New Hanover County U.S.G.S. Quad: Hampstead
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Edward Clark
Bald Eagle Lane, LLC
Address: 8748 Bald Eagle Ln
Wilmington, NC 28411
Size (acres)
Nearest Town Wilmington
Nearest Waterway Futch Creek/AIWW/Middle Sound
River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.3002278: Longitude:-77.74199
Location description: The site is located in Waters adjacent to Futch Creek/AIWW/Middle Sound
at 8748 Bald Eagle Lane, New Hanover County, North Carolina.
Description of project area and activity: A new 375 foot vinyl bulkhead is proposed to be
constructed 1 foot directly waterward of the existing wooden bulkhead, resulting in the filling
of approximately 375 square feet of Coastal Wetlands adjacent to Futch Creek/ AIWW/ Middle
Sound.
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: Nationwide Permit Number: 3
Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.p
SEE ATTACHED NWP GENERAL AND REGIONAL 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 October 30, 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
Greaorv. E.Currey(cDusace.army.mil.
Corps Regulatory Official:
Expiration Date of Verification: March 14, 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
https://re ug latoa.ol2s.usace.army.mil/customer-service-survey/
Copies furnished by email:
Brandon Grimes (B and B Marine Construction)
Kelsey Beachman (NC DCM)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider INC DWR)
Action ID Number: SAW-2022-02715 County: New Hanover County
Permittee: Edward Clark
Bald Eagle Lane, LLC
Project Name: 8748 Bald Eagle Ln/Wilmington/New Hanover
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
MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application: Andrew and Heidi
Johnson - New Hanover County
Date: March 1, 2023
This project is consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes to replace an existing floating dock with a new, longer floating
dock. A new vinyl bulkhead would be installed 30' landward of normal high water
resulting in 240 sq. ft. of coastal wetland fill adjacent to the AIW W and Middle Sound in
New Hanover County. The project is located at 8740 Bald Eagle Lane in New Hanover
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ES, EW,
and PTA. Waters at the project site are classified as SA ORW and are open to the
harvesting of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File
RECEIVED
MAR 012023
MP SECTION
DCM MHD CITY
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
BRAXTON DAVIS
Director
December 16,2022
NORTH CAROLINA
Environmental Quality
i.22.12.14.01
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 IuckC_NCDENR.gov
SUBJECT: CAMA /D & F
Applicant: Bald Eagle Lane, LLC
Project Location: 8748 Said Eagle Lane, adj. to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
""Additional comments may be attached"*
This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME
AGENCY 'yCA. Vc
SIGNATURE
1 i f .r1'�
r �
JAN 05 ;.
MP SECTION
DCM MHD CITY
DATE �-5
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
Guverna,
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
December 16, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck(a)NCDE N R.gov
SUBJECT CAMA /D & F
Applicant: Bald Eagle Lane, LLC
Project Location: 8748 Bald Eagle Lane, ad). to AIWW/Middle Sound/Futch Creek, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to construct a new 375' vinyl bulkhead 1' waterward of
the existing wooden bulkhead, resulting in 375 sgft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January 11, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: K This agency has no objection to the project as proposed.
"Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
PRINT NAME
nn J DEC 1 970 2
AGENCY �� !1 � C l D f CC rat rh a y'GC MP SECTION
DCM MHD CITY
SIGNATURE �dl r�Ir e 1 5) R� DATE /.4Iiel/ 2 Z
D Q�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215