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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. 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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