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HomeMy WebLinkAbout37-23 Jefferies, Kenneth & CrystalPermit Class Permit Number NEW 37-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kenneth and Crystal Jefferies, 52 Pelican Drive, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adj. to Lee’s Cut at 52 Pelican Drive, in Wrightsville Beach , as requested in the permittee’s application dated 12/15/22 (MP-1) and 12/7/22 (MP-4), including work plan drawings (3) Sheets 1-3 of 3, dated 12/19/22. 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 Docking Facility 1) This permit authorizes the remove of the existing docking facility and construction of the docks, pier, boatlifts, gazebo and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes a maximum of 4 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) Kenneth and Crystal Jefferies Permit No. 37-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 6) The roof of the gazebo shall not be designed for second story use. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner’s area of riparian access. 9) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, shall not exceed the established Wrightsville Beach pier-head line, and shall not exceed the dimensions shown on the attached permit drawings. 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. General 12) 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. 13) 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. 14) 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. Kenneth and Crystal Jefferies Permit No. 37-23 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2023-00021). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 2023-0005. 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 mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Kenneth and Crystal Jefferies c/o Richard Penny Construction, LLC 2. LOCATION OF PROJECT SITE: 52 Pelican Drive, adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. Latitude: 34013'05.66" N Longitude: 77048'05.35" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/26/2022 Was Applicant Present — No (agent was) 5. PROCESSING PROCEDURE: Office —Wilmington Application Received 12/08/2022 DWR WQC Pre -filing date: 12/15/2022 Application Complete 12/20/2022 Day 30 for WQC Pre -filing 1/15/2023 SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Conservation (open water) (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Municipal Planned — NA (F) Type of Structures: Existing — single-family residence, bulkhead, private docking facility with gazebo, floating dock, and 2 boat lifts. Planned — remove existing docking facility and construct new gazebo, floating dock, floating swim platform, floating jet dock, and 1 boat lift. (G) Estimated Annual Rate of Erosion: N/A Source - N/A [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) 1'010 ft2 (incorporated) (C) Other — High Ground (D) Total Area Disturbed: 1,010 ft2 (-0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: Closed 8. PROJECT SUMMARY: The applicant proposes to remove an existing docking facility and construct a new private docking facility able to accommodate up to four (4) vessels. 52 Pelican Drive, Kenneth & Crystal Jefferies Page Two 9. PROJECT DESCRIPTION The project site is located at 52 Pelican Drive, adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. According to the application, the parcel located at 52 Pelican Drive has a maximum elevation of approximately 0'-T above normal high water (NHW) and is approximately 8,643 ft2 (0.20 acres). The lot has an existing single-family residence and private docking facility with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. The adjacent riparian parcels have existing single-family residences with bulkheads and docking facilities. The project site has approximately 76' of shoreline frontage, currently stabilized by a bulkhead that approximates NHW. The applicant currently maintains a private docking facility with a covered gazebo, measuring approximately 16' long x 17' wide, located directly waterward of the existing bulkhead. The covered gazebo has a ramp that leads to a floating dock structure, measuring approximately 6' wide x 60' long. Located on either side of the waterward end of the floating dock are 2 boat lifts, measuring 12' long x 12' wide (1) and 16' long x 15wide (2). CAMA Major Permit 140-17 was issued in December 2017 to a previous property owner for the reconfiguration of a prior existing three (3) slip docking facility, the current docking facility is configured differently than what was previously permitted. CAMA General Permit 86014D was issued on March 28, 2022 for the replacement of the existing 16' x 15' boat lift (see Sheet 2 of 3). The applicant was issued CAMA General Permit 87448D by this DCM office on October 19, 2022 for the installation of a new 66' bulkhead with wingwalls located 2' waterward of the existing timber bulkhead. As of the date of this report, the construction of the new bulkhead has been started but is not yet completed. The Town of Wrightsville Beach 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 Motts Channel in the project area are classified SIB by the Division of Water Resources and this area is NOT designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to remove an existing docking facility and construct a new private docking facility able to accommodate up to four (4) vessels. Once the existing docking facility is removed, the applicant proposes to construct a new private docking facility to accommodate up to four (4) vessels. A ramp, beginning at the previously permitted bulkhead, would lead to a new proposed floating dock with 1 slip for a larger vessel, measuring approximately 6' wide x 65' long. At the end of the proposed floating dock, a new floating swim platform/floating dock, measuring approximately 8' wide x 24' long, would extend east to create a 1-head". The floating swim platform would include 2 slips to accommodate vessels. A new covered gazebo, measuring approximately 16' wide x 18.5' long, is proposed to be constructed waterward of the previously permitted bulkhead. A new jet dock, measuring approximately 10' wide x 12' long, is proposed to be installed to the north of the proposed new gazebo. A new 14' wide x 30' long boat lift would be installed adjacent to the proposed floating dock on the east side. (see Sheets 1 and 3 of 3). The proposed docking facility would extend approximately 82 ft. into Lee's cut, which measures approximately 329 ft. across in this area and would not exceed the Town of Wrightsville Beach pierhead line. 52 Pelican Drive, Kenneth & Crystal Jefferies Page Three 10. ANTICIPATED IMPACTS The proposed new docking facility would result in the incorporation of a maximum of 1,010 ft2 of Estuarine Waters and Public Trust Area. The proposed structures would not encroach into the 15' riparian corridor setback requirement, would not exceed the''/<width of the waterbody and would not exceed the Town's Pierhead Line. Minor increases in turbidity can be expected during excavation and construction. Shoreline length = —76' x 8 sq. ft. = 608 ft2 (maximum allowable platform area) Proposed fixed gazebo (16' x 185) = 296 ft2 Proposed floating swim platform (8' x 24') = 192 ft2 Proposed floating jet dock (10' x 12') = 120 ft2 Proposed floating access dock (6' x 651 = 390 ft2 (access credit, not counted) Total = 608 ft2 Submitted by: Kelsey Beachman Date: December 29, 2022 Office: Wilmington Richard Penny Construction, LLC 133 Sound View Drive N ® Hampstead, 17 28443 (910�352-1317 www.rpcmarine.com MARINE Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality127 Cardinal Dr. Ext Wilmington, NC NC 28405-3845 RE: Jefferies Major Permit Application Narrative Dear Ms. Kelsey Beachman, 17 December 2022 Mr. and Mrs. Kenneth Jefferies are requesting that a Major Permit be issued for the installation of a floating dock, covered platform, and boat lift at 52 Pelican Drive, Wrightsville Beach, NC 28480. This structure with a total of four boat slips (3 wet and 1 dry) would be for the recreational use of the homeowner. There is currently a home on the property, and we would be replacing the existing floating dock, covered platform, and 2 boat lifts over the water. There was no SAV sighted and there is no coastal wetlands on the property. The pilings for this project would be set using a barge and vibratory hammer to reach the rated capacity (approximately 8-10' deep). Construction materials would be stored on dry land of approximately 1200 sqft. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please contact me at your convenience should you have any questions Respectfully yours, �(� ON'NOlJNIWIIM Wa C 2� � ` ' ZZOZ 91 330 Richard L. Penny, 03AI303H NC General Contractor License No. 79403 OCM MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A J462 Applicant 1: First Name MI Last Name Kenneth Jefferies Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box Ci State 52 Pelican Drive NC Beach Beach ZIP Country Phone No. FAX No. 28480 USA 910-679 -4610 ext. - - Street Address (if different from above) Cit . htsvilie State ZIP 52 Pelican Drive NC 28480 Beac Beach Email aaron@tongue-and-groove.com 2. Agent/Contractor Information Business Name Richard Penny Construction, LLC (Dba RPC Marine) Agent/ Contractor 1: First Name MI Last Name Richard L Penny Agent/ Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 133 Sound View Drive N Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910- 352 -1317 ext. ext. FAX No. Contractor # NC 79403 Street Address (if different from above) City State ZIP N/A - Email rick@rpcmarine . com RECEIVED <Form continues on back> DEC 08 2022 DCM WILMINGTON,, P11f, 252.808.21108 :: 1.888.4RCOAST :: www."ccoastaimanagement.net 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 52 Pelican Drive Subdivision Name City State Zip Channel Acres Wrightsville Beach NC 28443 Phone No. Lot No.(s) (if many, attach additional page with list) N/A- ext. 09 , I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White River Lee's Cut c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ENatural ❑Manmade []Unknown Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed MYes ❑No work falls within. Town of Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sgfft.) 76' 8,643 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or N W L (normal water level) (if many lot sizes, please attach additional page with a list) 0 _ 7 r ❑NHW or UNWL e. Vegetation on tract Grass, Planted trees, shrubs on the adjoining Lee's Cut frontage. f. Man-made features and uses now on tract Single family dwelling. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent properties are zoned for single family usage. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R (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 DEC 08 2Ei2 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagUUM ement.ne ' C Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes j]No (ii) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, ifavailable) n. Describe existing wastewater treatment facilities. No existing wastewater treatment, TOWB Sewer o. Describe existing drinking water supply source. TOWB water p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts 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. The property owner desires to install a new pier, covered platform/ floating dock, one boat lift, and PWC floating dock. 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. Pilings will be driven with a vibratory hammer/excavator, from a work barge. d. List all development activities you propose. The covered platform and floating dock will have a total of three wet slip and 1 dry slips. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres Temporary disturbance of approx. 1200 sqft over dry land. 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. N/A 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 DEC 15 2-,_: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanage nTC Vl'WLAflNGT0e: „ ( Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. 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) — (9 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Fred Jule Smith III Phone No. Address 50 Pelican Drive, Wrightsville Beach, NC 28480 (910) 679-4610 Name James C. Smith Phone No. Address 54 Pelican Drive, Wrightsville Beach, NC 28480 unknown Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. CAMA General Permit No. 87448, 10/19/22 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. 1 7. Certification and Permission to Enter on Land I 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. Pr int rint Name 15 Dec 2022 Richard L. Penny (� Richard L. Digitally signed by Signature �C � � ` Richard L. Penny Y Date: 2022.12.15 e n n 13:44:13-05'00' Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED DEC 15 2022 2.52.808.2808 :: 1.888.4RCOAST a www.nccoastaimanagement.ne 0Txl' NCi Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (1) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 83 ' (iv) Width 61 (v) Floating EaYes ❑No e. (1) Are Platforms included? MYes []No If yes: (ii) Number 1 (iii) Length 18 ' 6 " (iv)Width 15'10" (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (I) Number Nfumber of slips proposed _ '7 (ii) Number of slips existing 3 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel [20pen water; no dredging required ❑Other; please describe: k. Typical boat length: 12 ' - 3 5 ' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: fill Number 2 (iii) Length 24 ' / 12 ' (iv) Width 8' /10' (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 1 (iii)Length 12.5' (iv)Width 13' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: NA j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). OTJen runabout/PWC I. (1) Will the facility be open to the general public? ❑Yes ERNo RECEIVED DEC 15 2022 252-808.2808:: 1.888.4RCOAST :: www.nccoastaima" me et DCM W11M[ /2 6 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? R DEC U 8 W? 282-808.2808:: 1-888.4RCOAST:: www.nccoastalmanagement.net DCM WILMINGTON, fgC1. ed: 12/27/06 Form ®CM NIP-4 (Structures, Page 3 of &) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW ❑SAV ❑sB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse slruclure(s): ❑Commercial ❑Public/Government ❑Private/Community (if) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) LP{This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the slructure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RECEIVED DEC 08 2022 252-808-2808 :: 9.888.4RCOAST :: www.nccoastalmananement_net rab sod: 12/27/06 k'kArni OCN£ MP-4 (Strrurtures, G'agt- 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' to East / 15' TO West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 329' e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 32' to East / 44' to West d. Water depth al walerward end of structure at NLW or NWL 4'10" NLW 18. OTHER OThis section not applicable a. Give complete description: Date 07 December 2022 J462 Project Name Owner Ken Jefferies/Contractor Richard Penny Applicant Name Richard L. Digitally signed by Richard L. Penny ate: 2022.1 Applicant Signatu 7— RECEIVED DEC 0S 2022 DCM WILMINGTON, NC 2527 808.2803 .: 1-888,4111C¢3,WST :: vvGyw.nce:oasCa(wi.ar�argertteyr2.nei r€,vined: 12/27/06 Richard Penny From: 401PreFile <401PreFile@ncdenr.gov> Sent: Thursday, December 15, 2022 8:34 AM To: Richard Penny Subject: Automatic reply: [External] FW:1462 Major Permit Application 52 Pelican Dr This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https:Hdeg.nc.gov/about/divisions/water-resou rces/wate r-a u a I itv-pe rmitting/401-buffer-perm itti ng/401- buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https:Hdeg. nc.gov/about/divisions/water-resou rces/water-resou rces-perm its/tra nsportation- pe rm itti ng/sta ff-co nta cts RECEIVED DEC 2 0 2022 DCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Kenneth & Crystal Jefferies c/o Richard Penny Construction LLC. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Penny: NORTH CAROLINA Environmental Quality December 29, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Kenneth and Crystal Jefferies, for State approval for development of the subject property located at 52 Pelican Drive, adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. It was received as complete on December 29, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 5, 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 29, 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. Sincer ly, �6- Kelsey Beachin Field Representative cc: Cameron Luck, DCM Kenneth and Crystal Jefferies, Applicants USACE DWR- Holley Snider Tony Wilson, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 'wam ravn„u 910.796.7215 0 0 E u 0 0 A w LA Jor i 4 O J W H m Ucr- Q W U ZL OLL UO U) J ~ Q CC I— CC W LLJ n CL W J Ir Q OU �O Irw LL OI- NCI re m ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 30, 2022 stamewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: Kenneth & Crystal Jefferies NORTH CAROLINA Envtronmental Quality Hello: Please publish the attached Notice in the Thursday, January 5, 2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. /1 cc: MHC Files Cameron Luck — MHC USACE L9 Z Permitting Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wiimington, North Carolina 28,405 910.796.7215 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 29, 2022, Kenneth & Crystal Jefferies proposed to remove an existing docking facility and construct a new private docking facility with the ability to accommodate up to four (4) vessels at 52 Pelican Dr., adj. to Lee's Cut in Wrightsville Beach, 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 19, 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. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o:�wa wA ,e ae�.ea,m.�mown 910.796.7215 AGENT AUTHOffiZADON FORQAUA PERMIT APPLICATION Name of property Owner Requesting Permit: Kenneth *fines. Mailing Address- S;L 0e%-vc^" bq_ tetttsrt{TsUX1I,—L� Li�.aSJf Rie �Y4�'O Phone Number: q i q- 4 04x L10,7 S EmadAclilress: KSLO KWAwiDA.gOW. i certiy that 1 have authorized Ridttard Penny. RPC Marine PLC - _,a _. Agent t Contractor fa act an my behalf, for ttrc following proposed develop for and ciataining all CAW permits necessary for the at my property fixated at: 52 W Pelican Dr. Wrightsville Beach, NC 52 W Pelican Qr in New Hanover County. I furthemrore certity 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: Signature Print or Type Name Tills Dam This certification is valid through 12/31/2023 RECEIVED DEC 08 2022 DCM WILMINGTON, NC ■ Complete Items 1, 2, and S. I A. ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the maliplece, B- or on the front If space permits. — �a.mnQP_S COr w o n Ca vt ,,,r W fv ��+"fteV t'�e SJ�c.c R O IIIIIII�IIIIIIII' Ilillllllll IIIIIiIIII IIIII 9590 9402 7219 1284 7849 93 PS Form 3811, July 2020 PSN 7530-02.ODO-9053 rw If YES, enter delivery address below. ❑ No 3. 59rviceType ❑ PriontyMall Evraee ❑ AdultSligrreture ❑ Registered MuFm ❑ Adult Signature Realnated Delivery ❑ Certified Meng ❑ Registered Men Restdoted Delivery ❑ Certified Mall Re tiloted Delivery ❑ Signature Con&metionv ❑ Collect on Delivery ❑ Signature Confirmmlon ❑ Colect w Delivery ReeMcled Delivery Restdaed Delivery 0 Insured Mail ❑ Insured. Mall ReeMoted Delivery Domestic Return Receipt I ervice'"' r7vi MAIL° RECEIPT y sit our a;f914u`F15 elivery inlormalion10 Ise C3 r .a ru ru O 17 d °— Postmark a �rr Here o Mon e ,deewm e 60 09/29/2022 .85 --- O!fh4l. CS _._._ M RECEIVED DEC 08 2022 DCM WILMINGTON, NC — PostalService" CERTIFIED NlAIL� RECEIPT .. u Ln * Gely9ed ail Feei4,�jf 04022 cc $ 7 BNICBSA bey (Medeuc aeah ❑ASNm Fxeiq P�=�'1 Poeeerk ri �gqumnewipt (rleclmNc) i 8 Here O M �Cenletl MaNPasiricledneMN' j3AEu9619n1lwa PeQuked $--+�tl'!O� C3 QAdu s"lwamviclgd We $ o Posu9e 30.60 09/29/2022 171 ,1 -a etal Posle9e an N ST............. _........ i.—._._""._".__._._. `.... p Buee 3Moip kox'MNa'...._ RECEIVED DEC 08 2D22 DCM WILMINGTON, NC USPS Tracking® .�CYy {�1`► ,�A`1 t Tracking Number: 70221670000148425698 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update FAQs Remove X RECEIVED DEC 0 � 2022 DCM WILMINGTON, NC Your item was delivered to an individual at the address at 12:44 pm on October 4, 2022 in RALEIGH, NC m 27608. m a v 0 0 Delivered x Delivered, Left with Individual RALEIGH, NC 27608 October 4, 2022, 12:44 pm See All hacking History Text & Email Updates USPS Tracking Plus® Product Information See Less ^ Track Another Package Enter tracking or barcode numbers v v V 01112.r 2-z. Date %a. J VI-S SM iT1-I i► Adjacent Property Owner "o A�ucglli o_Q%gs iaa i�4l I L.L S BEACH . NC 28490 City, State, Zip Code Dear Adjacent Property: This letter is to inform you that I 1C E►-1 A&PM - 0S Property Owner Receipts for Certified Mail (Staple Here) have applied for a CAMA Minor Pelmit on my property at 15.2 a sLi ca" , in New Hanover Property Address County. As required by CAMA regulations, i have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. if you have any questions or comments about my proposed project, please contact the at at ► 0 . LO10t - 4(O 10 ,or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the Town of Wrightsville Beach CAMA Minor Permit Program, you may submit them to: Tony Wilson Local Permit Officer for the Town of Wrightsville Beach P.O. Box 626 Wrightsville Beach, NC 28480 twilson(2Rowb.oi:e (910)256-7937 Sincerely, KaN J EF;SQ k =S Property Owner SZ IPVA�IGAN oQ►yE Mailing Address WIZINWKSVI►.LK SSAGH MC Q9"090 City, State, Zip Code RECEIVED DEC 08 2022 DCM WILMINGTON, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS 1 hereby certify that I own property adjacent to KC--N JSr ,E FC— P—I% j 's (Name of Property Owner) property located at 52 9C-AACRN Address, Lo4 Block, Road, etc.) ��uL on L-SS"S �T , in x4 amkt' %/L Ls QCWJJN.C. (Waterbody) (Town and/or County) The property owner has described to me, as shown in the attached application and project drawing(s), the development they are proposing at that location, and I have no objections to their proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) poi- yzz - 3z�3 Telephone Number R / Date RECEIVED DEC 0 8 20?� DCM WILMINGTON, NC LL �,a aaa m C< J J J a O F U W C] C] N W N ❑ � o a a � x>> d K N N N N ❑ o_N.NwN O 00 W 00 cu N W t U L Z W > Q W Q O t- > W O C4 M W l0>-gW U J q Z J `o 13 Q�U1 a -J n W u¢ W W v LD W W 2 o W $ z z a to tW Q�Yin N a Richard L. Penny 133 SOUND VIEW DR Hampstead. NC 28443 RECEIVED DEC 2 0 2022 WILMINGTON, NC Scale 1"-10' Sheet No. Filet 3 of 3 J462 xmalion contained in this I is the sote property of Penny, PE. ,roduction in part or whole the written permission of Penny is prohibited. �CAMA Lt�� DREDGE & FILL N9 87448•� ,� ((ny� A B C 0 GENERAL PERMIT DatePreviueviousp dDate previous permit issued �fit - New ❑Modification [:]Complete Reissue ❑ Partial Reissue As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission In an area of environmental concern pursuant to: I SA NCAC - 0 -4 k� • 1100 ❑ Rules attached. V General Permit Rules available at the following link www.dm.nc.gov/CAMArules Applicant Name City zip /-6 1SU Phone # /-c— ') UQL - �O Email V \W LL)fiiVlL �Clu. Affected ❑CW DEW ❑PTA ES ❑PTS AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA ❑PWS ORW: ye no ft ,PNA: ye no I Type of Project/ Activity 1 V &O be I myn n be C Shoreline Length eN D O t Access Length t- a Pier (dock) length tJ A Fixed Platform(s) A Floating Platform(e) rA%_ Finger pier(s) Total Platform area Groin length/# r�^ Bulkhead/ Riprap length _ vlltRt— Avgdistanceoffshore n� 1 Breakwater/Sill Max distance/ length Basin, channel _tA N Boat ramp _ jS1 Boathouse/ Boadift Beach Bulldozing_ Other NIA SAV observed: yes n Moratorium: n/a yes no Site Photos: ygs no Riparian Waiver Attached: yes no Authorized Agent M i C'.bt `a Y, Project Lon don (County): Neu Street Address/State Road/Lot #(s) Subdivision _L p (`���/�� City .' %OA'll2 ZIP l[.tNrre— Adj. War. Body (tee{�'iSr C1 A— (nat ar'unk) f,-1 Closest Maj. War. Body Cole scur)A �./ LEE JS C U i �i(mes � s I�ient�n l A building permit/zoniiing� �permit may be required by: Permit Conditions All t oca` , ,;A Q: I RECEIVED DEC 2 0 2022 CCM WILMINGTC ex�b Fred S: QIL Smvkil- ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) by 6"" 'V'V^ perm Date:2022.10.19 Q.iiit6f y 09:55:47 -04•UP Si nature "Please read compliance sta ment on back of permit•• Tf }00 EMa 55ZZO Application Feels) Check #/Money Order Signature U (0IIq I2z- 7Z Issuin Date Expiration Date Hook 6580 Page 377 Excise Tax: $ 10,000.00 Tax Lot No. BK: RB 6580 PG: 377-379 RECORDED: 07116/2022 10:69:51 AM BY: KELLIE GILES DEPIM 2022026135 NEW HANOVER COUNTY, TAMMY THEUSCH PIVER REGISTER OF DEEDS W FEE $A.00 REAL ESTATE EXTXS1DD00.D0 RECEIVED DEC 0 $ 1T? DCM WILMINGTON, NC Recording Time, Book and Page Parcel Identifier No. R05715-002-016-000 After recording mail to: Brady Boyette PLLC, 1025 Dresser Court, Raleigh NC 27609 This Instrument was prepared by: Nicole S. Loeffler. Weatherspoon & Voltz. LLP (without title examination) Brief description for the Index I Lot 9, Channel Acres Sub., Map Book 9, Page 27 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this iA'"' day of Julv. 2022, by and between GRANTOR Allen W. Turner and spouse, Susan Turner 1232 Alpine Creek Dr. Raleigh, NC 27614 GRANTEE Kenneth Edward Jefferies and wife, Crystal Gibson Jefferies 12840 River Dance Dr. Raleigh, NC 27613 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership, Submitted electronically by "Brady Law Firm PLLC" In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6580 Page 378 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, in all that certain lot or parcel of land and more particularly described as follows: Being all of Lot 9 in Channel Acres Subdivision as the same is shown on a map thereof recorded in Map Book 9 at Page 27 in the New Hanover County Registry; and being that property with Tax Parcel ID number R5715 002-016-000 and a portion of the lands described in the instrument recorded in Book 4952 at Page 2971 in said Registry. The property hereinabove described was acquired by Grantor by instrument recorded in Book 6524, Page 1666, New Hanover County Registry. A plat showing the above -described property is recorded in Book of Maps 9, Page 27, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements, restrictions and rights of way of record and ad valorem taxes for the year 2022. [Remainder of Page Intentionally Blank, Signature Page to Follow] RECEIVED DEC 08 2022 DCM WILMINGTON, NC 2 Book 6580 Page 379 IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF k/A� I, /'/,;�o t� 5• 4oatTfz'- Notary Public of the County and State aforesaid, certify that Allen W. Turner personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this //"A day of Ju/y 2022. (Official Seal) Nicole S. Loeffler Notary Public Wake County, NC My CommWeI n GWms AprN S. 2024 STATE OF NORTH CAROLINA COUNTY OF k&ce My commission expires: ,, / 6 Zoe y 1, ,Afro /e S. (.o< twei , Notary Public of the County and State aforesaid, certify that Susan Turner personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal, this Id tAday of Ju ly 2022. i '../ 44011 (Official Seal) Nicole S. Loeffler Notary Public Wake County, NC :.My Commission ExplwApd S. 2024 My commission expires: '4 / s, zozY RECEIVED DEC 0 $ 202 DCM WILMINGTON. NC Beachman, Kelse From: Beachman, Kelsey Sent: Friday, December 16, 2022 3:00 PM To: Richard Penny Cc: Joyce Ladney; MacPherson, Tara Subject: RE: [External] ADDITIONAL INFORMATION REQUESTED - J462 Major Permit Application 52 Pelican Dr Good afternoon Rick, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS —52 Pelican Drive, Wrightsville Beach, NC 28480 Thank you for your prompt response to the previous Additional Information that I requested. Upon reviewing the updated application materials, I observed that there were still some issues with the application. Please see below. Work Plats • Please provide engineering scales on Sheets I and 2 that are in an increment of"10" . This is a Major Permit application requirement, and I will not be able to accept the drawings until they are corrected. o Eg. 1"= 10', 1"=20', 1"=30' • On Sheet 1, the proposed gazebo dimensions calculate out to be 293 square feet, but the structure is labeled that it measures 296 square feet. Can you please clarify? Other Required Information • Please provide a $400 check payable to NC DEQ for the application fee Other Questions & Comments • Please include a copy of the bulkhead GP issued to this property owner in October 2022 with the application materials • Has construction for the new bulkhead begun or been completed at this time? Please let me know in your response as I will need to include this information in my bio report for the application. Pre File Request If you have not done so, please send a request to pre file to this email: 401 PreFi1etCa)-ncdenr.g0V. I cannot process the application until 30 days after the pre file date. Once you prefile, please send me a screenshot of the pre file request so I can add it to the application package. Your application does not include any documentation indicating that this pre - file has been completed. I will not be able to process the application until the 30 day pre -file deadline has expired. I will be out of town for the holidays beginning next Wednesday, December 21 st until December 29th. Please make sure to include Tara on any future responses as she may need to finish the processing of this application for me. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Beachman, Kelse From: Beachman, Kelsey Sent: Monday, December 12, 2022 11:09 AM To: Richard Penny Cc: Joyce Ladney; MacPherson, Tara Subject: RE: [External] ADDITIONAL INFORMATION REQUESTED - J462 Major Permit Application 52 Pelican Dr Good morning Rick, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS —52 Pelican Drive, Wrightsville Beach, NC 28480 DCM received your CAMA Major Application request for a new floating platform, a new covered platform, and a new boat lift on 12-8-2022 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please provide the following: MP1 • 5 (d): Please adjust number of proposed slips, see below comments MP4 • The maximum platform area that this property is allowed by rule is 608 square feet, based on the 8 square feet per linear foot of shoreline platform rule. The total current platform proposed for this project is 613 square feet. Please adjust your proposed structures to be compliant with the maximum total platform area allowed. • 3 (g)(ii): Please adjust number of proposed slips, see below comments Narrative: • Please update narrative to reflect any changes to dimensions or proposed slip counts that have been requested Work Plats • As stated above, please adjust the proposed structures to be compliant with the eight square foot rule • The proposed swim platform creates 2 additional slip areas, please label on the site plan and correct any other application forms to reflect these additional slips • The proposed jet dock is counted in your platform area calculation but does not count as a slip. Please remove the slip count label from this structure • Please adjust the scale of Sheet l of 2 to be either I" = 20' or 1" = 30' so that I and the other agencies will be able to scale out the drawing • Please ensure that the dimensions of the covered platform on Sheet 1 of 2 are from dripline to dripline of the structure. The dimensions of the covered platform on Sheet 2 of 2 appear to reflect this correctly. • Please provide either a labeled aerial of the existing docking facility or identify on Sheet 1 of 2 the existing vs. proposed structures for clarity on the work being proposed Other Required Information • Please provide a $400 check payable to NC DEQ for the application fee Other Questions & Comments • Please include a copy of the bulkhead GP issued to this property owner in October 2022 with the application materials • Has construction for the new bulkhead begun or been completed at this time? Pre File Request If you have not done so, please send a request to pre file to this email: 401 PreFlle(a)ncdenr.m. I cannot process the application until 30 days after the pre file date. Once you prefile, please send me a screenshot of the pre file request so I can add it to the application package. Thank you, Kelsey Maly Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796-7270 kelsev.beachman@ncdenr. gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Find a Field Rep (arcgis.com) WW U"tk.. Email correspondence to and lmm this address is subject to the North centime Public Records law and maybe disclosed to third parties. From: Richard Penny <rick@rpcmarine.com> Sent: Thursday, December 8, 2022 7:50 AM To: Beachman, Kelsey <kelsey.beachman@ncdenr.gov> Cc: Joyce Ladney <joyce@rpcmarine.com> Subject: [External] J462 Major Permit Application 52 Pelican Dr CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Dear Kelsey, Please find attached a major permit application for Kenneth and Crystal Jefferies at 52 Pelican Drive, Wrightsville Beach, NC 28480. If you recall, we met there with Tara a couple of months ago to discuss this project as well as the new bulkhead. Please let me know if you have any questions. Best regards, Rick Penny, PE, GC RPC Marine (910)352-1317 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Kenneth and Crystal Jefferies COUNTY: New Hanover PROJECT NAME: 52 Pelican Drive LOCATION OF PROJECT: 52 Pelican Drive, adj. to Lee's Cut, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-20-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#5237 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 1-5-23 END OF NOTICE DATE: 1-19-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 3-5-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 12-30-22 STATE DUE DATE: 1-19-23 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement DNCR —Archives & History DNCR —Natural Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet AEC. L� r Fee: $ A # 0?4— CDAITS _ MHC cc Applicant: Agent/Contractor: Ccnst�)('A-'-kcnL Project Site County: Staff: iVl District: Wilmington Project Name: `� • v,� Rover File: n/a River B s'n:. L Initial date of application submittal: Z Date application "received as complete" in the Field office: `Z Z Pit Authorization: KCAMA ❑ Dredge & Fill UBolh I SITE DESCRIPTIONIPERMIT INFORMATION ORW: ❑Yes RNo PNA: ❑Yes o Photos Taken: Yes ❑ NoX Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes ❑No 2CNot Sure 15 foot waiver obtained: Lies No Hazard Notification Returned: ❑Yes Wo SAV: Dyeso ❑Not Sure Shell Bottom: ❑Yes ❑No XNot Temporary Impacts: ❑Yes ONO Sure Sandbags: ❑Yes XNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): NNo from county LUP:;gYes ❑No ❑Yes Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ®No DNA 'q FT. ❑YesQNo ❑NA ,V I Shellfish Area Designation: Project Decs'cri�ption: (code) Development Area: (code) 0 02� O-C—V e•S Open -or- osed) • SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ 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 ' alternifiora) 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 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm 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 involvi permit - $100 permit - $250 JD&F more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ I II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: i eriy f'�S 4 w('1 :1—eq y�tffs Date: 17 1 = Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 NewWork� ce t Z _l 1 li Maint ❑ ❑ YaF(j N B L 1 New Work Replace f i Maint ❑ ElY'g N 30 C J ` f New Work$K Maint Replace t t ❑ ❑ Y 4N %New l� L I Work ;Xk Mat ❑ N [IYace rat r$,�t ^ I New Work Replace r D VG/ Maint ❑ ❑ Y {}4N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final 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) E� Dredge ❑ Fill ❑ Both ❑ Other 4 0( O /1 I C) Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ i Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ - 919-733.2293 :: 1.888-4RC0AS7:: www.ncconst2lmanaaement.net revised: 02/26118 RECOMMENDATIONS FOR 52 Pelican Drive, Kenneth & Crystal Jefferies 12/29/2022 The proposed new docking facility would provide a total of four (4) formalized boat slips. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), which describes the specific use standards for piers and docking facilities. The proposed docking facility is consistent with the eight square foot rule and would not exceed the existing pier headline. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. qj �co mr, Y ei V Q In G O WWY Z /^�• M u O u Z u a v N co N ZLL L O G M � 0 O U C Ln N t/? V V Gl =r u M N Ln Q LL Q Z L v � o 0 z E a v J J CC O V a u L U c u O K u oa N 0 N N V O N C N •-1 Major Permit Fee Schedule Project Name: County: 52- ?( 'I, ai � ` 6ve Need borer Check No & Amount: ZS-+ 0 Development Type Fee DCM % DWQ % 14 001601 510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $25 100% ($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 $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Cameron Luck Circle one: Permit for: Oversize Plans WIRO E-MAIL DISTRIBUTION SHEET avw vl 4 County: Permit #: C�w DCM Offices: IViw 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 (wirop Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ender & Carteret Co): PN, CL, Reports, Split Sheet use both1(olley ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ reg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet ey=8Wder - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: JSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet -------------------------------------------- Marine Fisheries: m Hardin DCM Planner/WiRO:Zenee e Christenbury _ Cultural Resources: Gledhill -Earley Environmental.Reviewal7ncdenrpov_ Natural Heritage Prog. DCA-Rural Eco. Dev: NC DOT: Wildlife Resources: /Rodney Butler MMark Ziegler David Harris Maria Dunn w/Reports State Property Office: Walton: DEED M' a Moser _ �anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: If" remy Humphrey (Bio) / Sh °nnon jenkins (Pt) _ ndrew Haines _ DEMLR: �/C istine Hall - Stormwater Section _ An Sams - Land Quality Section Public Water Supply: eidi Cox _ City of Wilmington: Thnrster Enforcement: Field Rep: `t�ot"r "wuV l_ Co. LPO �• w i L /�� Agent: DISTRIBUTED: I l vv b_�' Updated 12/01/22 CAMA/Shaun majors docs/e'Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Kenneth and Crystal JeJjeries COUNTY: New Hanover PROJECT NAME: 52 Pelican Drive LOCATION OF PROJECT: 52 Pelican Drive, adj. to Lee's Cut, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-20-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#5237 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 1-5-23 END OF NOTICE DATE: 1-19-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 3-5-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 12-30-22 STATE DUE DATE: 1-19-23 PERMIT FINAL ACTION; ISSUE DENY Roz 0 V 7 fl Ld` J';i'a.` ,3tI AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep -1 g iC cc4- DCM — LUP Consistency Determination 3 2 Local Permit Officer Corps of Engineers — Regulatory Branch 7/Ti 2 ( Z023 —o(Jp2 J DWR-401 Section �j Z1`19 2D`Z S( cz�S DWR-Public Water Supply V to DEMLR - Stonnwater DEMLR- Sed and Erosion DOA - State Property Office Wildlife Resources Commission 20 zi %( V10covv,w-„,_ DMF—Shellfish Section ` y Z no �snw.tr� DMF — Habitat & Enhancement Z Z n O CGn.v�ch DNCR— Archives&History DNCR —Natural Heritage Program NCDOT NC Dept of Commerce �1 l vto Cev�n��� DCM Coordinator: Cameron Luck County: N W Permit #: WIRI/OoE-MAIL tDISTRIBUTION dSHEET � ( ' Circle one : pa Permit for: Y^ � I t ` Gwr oiw` �jg"'� Oversize Plans sent: DCM Offices: , f� Morehead City: PT (if oversize) via Courier /v 'cc Cam & Amanda on group email w/ bio.narr.app. drawings, deed, comment sheet 'MHC documents (Cam & Amend Wilmington: Original hard -copy a) ONLYUSACE & DWR(wiro): Recommendations, PN, Letterw/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ender & Carteret Co): PN, CL, Reports, Split Sheet use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet reg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ er - 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: Wrn Harding _ DCM PlannerlWiRO: 4ihe Christenbury _ ✓RR�enee Cultural Resources: Gledhill -Earley Environmental.Review(cilncdenr.gov_ Natural Heritage Frog. vRodney Butler DCA-Rural Eco. Dev: M//ark Ziegler NC DOT: Wildlife Resources: "-, vid Harris "Maria Dunn w/Reports State Property Office: �1n Walton: DEED e Moser _ Hilliard, Real Property Agent (Elio Reports only) Shellfish Sanitation: �anda _ k remy Humphrey (Bio) /Shannon -Jenkins rot,-, �ndrew DEMLR: Haines _ %`6Jxristine Hall - Stormwater Section an Sams - Land Quality Section Public Water Supply: eidi Cox City of Wilmington: �I athrymThu sttie/n� Enforcement: Field Rep: 'o` a4AM Vv — _Co. LPO Agent: DISTRIBUTED: Updated 12101122 CAMA/Shaun major�EZc's/E'bge>•I)&y,List k3t.M-M)'iUG1 ri RECOMMENDATIONS FOR 52 Pelican Drive Kenneth & Crustal Jefferies 12129/2022 The proposed new docking facility would provide a total of four (4) formalized boat slips. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), which describes the specific use standards for piers and docking facilities. The proposed docking facility is consistent with the eight square foot rule and would not exceed the existing pier headline. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. RUC UM D OFC 3 0 2022 UCWt-rMHL) CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00021 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kenneth and Crystal Jefferies RECEIvI_ Address: 52 Pelican Dr Wrightsville Beach, NC 28480 FFB 2 2 MP SECTION Size (acres) Nearest Town VffiNhtsMy'fie each Nearest Waterway Lee's Cut River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.2182388888889; Longitude:-77.8014861111111 Location description: The site is located in Waters of Lee's Cut at 52 Pelican Drive, Wrightsville Beach New Hanover County, North Carolina. Description of project area and activity: The proposal is to remove an existing docking facility and construct a new private docking facility able to accommodate up to four (4) vessels. A ramp beginning at the previously permitted bulkhead will lead to a new floating dock with 1 slip for a larger vessel measuring approximately 6 feet wide by 65 feet long. At the end of the floating dock a new floating swim platform/floating dock measuring approximately 8 feet wide by 24 feet long will extend east to create an "IL -head". The floating swim platform will include 2 slips to accommodate vessels. A new covered gazebo, measuring approximately 16 feet wide by 18.5 feet long is proposed to be constructed waterward of the previously permitted bulkhead A new met dock measuring approximately 10 feet wide by 12 feet long, will be installed to the north of the proposed new gazebo. A new 14 feet wide by 30 feet long boat lift will be installed admacent to the proposed long floating dock on the east side. The new docking facility will result in the cover and shading of a maximum of 1,010 square feet of Estuarine Waters of the US. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344); ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.p SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated October 20, 2022 and revised December 7, 15 and 19, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Currey(cDusace.army.mil. Gregory Digitally signed by g y Gregory Currey Curre Date:2023.02.22 Corps Regulatory Official:Currey 13:51:59-05'00' Date: February 22, 2023 Expiration Date of Verification: December 31, 2026 RECEIVED FEB 2 2 i �;/3 MP SECTION DCM MHD CITY 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 htti2s:Hreizulato!y.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Richard Penny (Richard Penny Construction, LLC (Dba RPC Marine)) Kelsey Beachman (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) RECEIVED FEB 2 2 20%3 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER .Secretary BRAXTON DAVIS Dire.ctur December 30, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12.09) cameron. I uckO N C DEN R. qov SUBJECT: CAMA RECEIVED JAN 0-3 /J!; MP SECTION DCM W- D CITY Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 2022. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME (VA Gl � L � k' h I W AGENCY IUC 0ePf, o4 60P4eVl1'YCR2 r'11 ti f G. � �; 1 Z SIGNATURE ) D Q5 DATE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 30, 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 Iuck(cDNCDENR.gov SUBJECT: CAMA Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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 PRINT AGENCY 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. Shannon Jenkins NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE �* S+aka for Shannon Jenkins DATE 1/13/2023 D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offlce 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 MEMORANDUM To: Cameron Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application — Kenneth and Crystal Jefferies, Wrightsville Beach, New Hanover County Date: March 24, 2023 This project is consistent with the Wrightsville Beach Land Use Plan Update. The applicant proposes to remove an existing docking facility and construct a new private docking facility able to accommodate up to four (4) vessels. The project is located at 52 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Wrightsville Beach Land Use Plan Update and offer the following comments. The general area of the project is classified as Conservation In general, the Wrightsville Beach Land Use Plan contains policies, which allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Wrightsville Beach Land Use Plan Update. RECEIVED MAR 2 4 2023 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Kenneth & Crystal Jefferies 12840 River Dance Drive Raleigh, NC 27613 NORTH CAROLINA Environmental Quality February 18, 2023 Subject: No Written Approval 52 W. Pelican - Lee's Cut- Wrightsville Beach USACE Action ID SAW#2023-00021 Dear Mr. & Mrs. Jefferies: DWR # 20230005 New Hanover County RECEIVED MAR 0 7 2023 MP SECTION DCM MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA Major application renewal request received bythis office on December 30, 2022. DWR issues approval in theform of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4497 (GC 4497), the impacts described in your application do not require written authorization to utilize GC 4497. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. North Carolina Department of Environmental Quality I Division of Water Resources D E Ql127 Cardinal Drive Ext. Wilmington, North Carolina 28105.5406 normiau+ouu.+ 910.796.7215 ua.M� DWR Project #20230005 Page 2 of 2 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact me at 910-796-7303 or hollev.snider@ncdenr.aov if you have any questions or concerns. Sincerely, HoLuey SW.0 r Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources, NCDEQ Enclosures: GC4497 cc: Gregg Bodnar & Cameron Luck, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC DWR 401 & Buffer Permitting Branch file-LF W iRO Nosh Carol ina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Warrington. Noah Carolina 28005.5406 TM 910.796.7215 Z D_EQ d�°r�a..�ao.m RECEIVED MAR 0 7 2023 MP SECTION DCM MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 30, 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.gov SUBJECT: CAMA Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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 nilYt6 �G"" �1 RECEIVED FEB 14 2023 MP SECTION DCM MHD CITY DATE 2/14/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910196.7215 Received: 1/6/2023 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 30, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 17-2452 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a). NCDENR.gov SUBJECT: CAMA Due: 1 / 19/2023 No Comment —SBA 01 / 17/23 Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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 30ii,:i MP SECTION DCM MHD CITY DATE 01 /30/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o V�+M pb.4own,JWb� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director December 30, 2022 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckCcaN CDENR.nov SUBJECT: CAMA Applicant: Kenneth & Crystal Jefferles Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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. Four slips proposed and three existing totaling sevens slips PRINT NAME Wanda Hilliard AGENCY _ State Property Office SIGNATURE W rMltl"ti `{� DATE January20, 2023 RECEIVED JAN 2 0 2023 MP SECTION DCM MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 30, 2022 MEMORANDUM NORTH CAROLINA Environmental Quatity FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management RECEIVED 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron luck(aDNCDENR oov JAN 12 2023 SUBJECT: CAMA DCM SECTION MHD CITY Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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 JAN 12 2023 Public Water Supply MP SECTION AGENCY DCM MHD CITY SIGNATURE �t �t� t DATE 1/12/23 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 Y,WwilulBnlTemhlPW� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Sen'etary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality December 30, 2022 C, 2�j,Ul.o3. nl 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) ca meron.l uck(M NC D EN R.g ov SUBJECT: CAMA Applicant: Kenneth & Crystal Jefferies Project Location: 52 Pelican Dr., adj. to Lees Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private facility able to accommodate up to four (4) vessels. 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 19, 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"* ,IThis 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 mt: '16 j . t.Jirnn JAN 2 0 2023 MP SECTION AGENCY jdG.\RC DCM MHD CITY SIGNATURE ��Lw`- DATE 202�y� North Carolina Department of Environmental Quality I DNision of Coastal tvianagement Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26105 910.796.7215