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88-18 Minor Mod 2023 Clardy Family Trust
Permit Class MODIFICATION/MINOR Permit Number 88-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Clardv Familv Trust. 7064 Cordgrass Ct.. Carlsbad. CA 92011 Authorizing development in New Hanover County at adi. to AIWW and Myrtle Grove. at 214 Williams Rd., in Wilmington , as requested in the permittee's letter dated 1/24/23, including the attached workplan drawings (2), all dated 1/17/23. This permit, issued on May 1, 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 )e sunject to tines, imprisonment or ctvu action; or may cause Tile permit to oe nun ane veto. Upland Development - Retaining Wall 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, retaining wall, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) The retaining wall shall be constructed in accordance with the alignment depicted on the attached workplan drawings. (See attached sheet for additional conditions) This permit action may be appealed by the penmittee 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 December 31, 2023 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 DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clardy Family Trust Permit No. 88-18 Page 2 of 3 ADDITIONAL CONDITIONS 3) No vegetated wetlands or open water shall be excavated or filled, even temporarily. 4) The alignment of the authorized retaining wall shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 5) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 6) The retaining wall shall be constructed prior to any backfilling activities. 7) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted retaining wall. Stormwater Management 10) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project may require a Stormwater Management permit. The permittee shall receive a Pre -Construction Stormwater Management permit from DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters 12) 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. 13) 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 retaining wall cap immediately following completion of backfilling activities. General 14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Clardy Family Trust ADDITIONAL CONDITIONS Permit No. 88-18 Page 3 of 3 15) This Minor Modification shall be attached to the original Permit No. 88-18, which was transferred to the permittee on 9/30/22, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force unless specifically altered herein. 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 assigned the project Action ID SAW-2017-01859. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-0305. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Stephen Johnson 218 Williams Rd Wilmington, NC 28409 Dear Mr. Johnson: NORTH CAROLINA Environmental Quality May 1, 2023 (sent via email siohnsoni1m2outlook.com) This letter is in response to your comments received by DCM on February 16, 2023 concerning the Coastal Area Management Act (CAMA) major permit application submitted by Clardy Family Trust, LLC. to the N.C. Division of Coastal Management (DCM) requesting authorization to construct a single- family residence, tree removal, and retaining wall with backfill. The Coastal Area Management Act permit review process involves a coordinated multi -agency review of each permit application, with all review agency and public comments considered by the Division before final action is taken. In this case, no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division of Coastal Management (DCM) has issued a Minor Modification to the CAMA Major Permit No. 88-18 for the proposed activity on May 1, 2023. A copy of the Minor Modification Permit is enclosed. If you wish to contest our decision, you may file a request for a Third -Party Appeal pursuant to N.C.G.S. I I3A-121.1(b). The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the permit decision. The Chair of the Coastal Resources Commission will consider the case and determine whether to grant your request. More information about this process as well as the forms are available on DCM's website, here: https:Hdeq.nc.gov/about/divisions/coastal-management/coastal-mans eg ment-permits/variances-appeals. If you have any questions, you can contact me at 252-515-5419 or Cameron. Luck@ncdenr.gov �Sincerely, LT Cameron Luck Assistant Major Permits Coordinator 11 D_la Q1' North Carolina Department of Environmental Quality I Division of Coastal Management ./ DWR Wetlands Unit 1 512 North Salisbury Street 11617 Mail Service Center IRaleigh. North Carolina 27699-1617 ww� / 919.707.9149 ROY COOPER Governor ELIZABETH S. BISEt sea rwy BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM TO: Cameron Luck, DCM Major Permit Assistant Coordinatoren MHC FROM: Bryan Hall, DCM Field Representative, Wilmingto THRU: Tara MacPherson, DCM District Manager, Wilmin DATE: March 6, 2023 RECEIVED MAR 0 9 2023 MP SECTION DCM MHD CITY SUBJECT Permit Modification Request to State Permit No. 88.18, Clardy Family Trust, 214 Williams Road, Wilmington, New Hanover County Davey Resource Group, Inc., acting agent for Clardy Family Trust is requesting a Minor Modification to State Permit No. 88-18, This request was submitted in a letter received by DCM on January 24, 2022. The minor modification request includes the certified mail receipts for the adjacent riparian notifications, and two (2) drawings associated with the application, dated as 1102023, and received by DCM on January 24, 2023, USAGE Jurisdictional Determination received by DCM on January 30, 2023 and an email stating the impervious coverage dated January 30, 2023. This minor modification request was accepted as complete on February 2, 2023, with the delivery of finalized site plans. State Permit 88-18 was originally issued to TP1 LLC. on August 15, 2018, for the development of a private docking facility and single-family residence at 214 Williams Road. State Permit No. 88-18 was renewed and transferred to IMPS Holdings, LLC on January 18, 2022, and once more transferred to Clardy Family Trust on August 30, 2022. State Permit No. 88-18 set to expire December 31, 2023. The applicant has consolidated and recombined 214 and 216 Williams Road into a single parcel. Please note that 214 and 216 Williams Road have individual major permits, State Permit 88-18 and State Permit 88-19 respectively. Each major permit authorized a single-family residence and individual docking facility at on each parcel. The docking facility authorized by State Permit 88-18 has been constructed in its authorized location. The applicant is requesting a minor modification to the permit to allow for a single-family residence, tree removal, and retaining wall to be placed at 214 Williams Road. The single-family residence will consist of a pervious paver driveway, single family residence with guest suite, septic tank, stormwater trenches, and pool for a total of 4,339 sq. ft. impervious area or 20,88% impervious coverage within the 575 ft. Estuarine Shoreline Area of Environmental Concern (AEC). State Permit No. 88-18 received prior authorization from New Hanover County for a septic tank at this property, which is located approximately 10' from the proposed residence within the AEC (See Sheet 1 of 2). LPO� v5�}cN , �w� tZ North Carolina Department of EnAmmental Quality I Division of Coastal Management WJmington Office 1127 CarAnal Drive Extension I VAimington, North Carolina 28408 910.7%.7215 DAVEY 3 Resource Group January 24, 2023 Bryan Hall Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: 214 Williams Rd Wilmington, NC 28409 Bryan, ,F s "y:____ - On behalf of the Clardy Family Trust, I would like to request a CAMA Minor Modification to major permit no. 88-18 for a retaining wall and single-family residence at 214 Williams Rd, Wilmington, New Hanover County. On the southern portion of the property, the applicant proposes installation of a 117 foot long retaining wall with wing walls. The proposed residence measures approximately 77 by 88 feet. A stormwater permit modification will be submitted by the engineer or contractor and the associated stormwater infiltration trenches are shown on the permit figures. Lastly, 11 trees are proposed to be removed to accommodate the residence. There is no additional upland work proposed on the property. Two figures, a signed agent authorization form, a $100 application fee check, and copy of the deed are enclosed. Adjacent Riparian Notifications have been sent, and the certified mail receipts will be submitted when received. Please let me know if you have any questions or need anything in addition to accept this CAMA General Permit application as complete. Thank you for your assistance. Sincerely, 4W#Ntl� Scarlett Henson Encl: Figures, Signed Agent Authorization, Deed, and Riparian Notification, $100 application fee Cc: Clardy Family Trust JAN 2 4 2023 www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 RCM WILMINGTON, NC 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ,M WILMINGTON, NC Hall, Bryan L From: Henson, Scarlett <Scarlett.Henson@davey.com> Sent: Monday, January 30, 2023 12:29 PM To: Hall, Bryan L Cc: Greg Finch Subject: Re: (External] 214 Williams Rd CAMA Minor Modification Application Attachments: 2017-01859 214 Williams Road Tearsheet (002).pdf iJTJ . rq*emall,Donot ckkI" rg � god C% III x �Settda!til cia....e- Thank you for your email, Bryan. Please see the attached tear sheet. Per the stormwater permit plans, the percentage impervious is 20.88%, and the total impervious area is 4339 sq ft. The repair area you referred to is the required designated repair area for the septic. I will get both of those green slips to you soon. Let me know if you need any additional information. Best, ScarlettHenson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 DAVEY# Resource Group Visit our local office page On Thu, Jan 26, 2023 at 1:29 PM Hall, Bryan L <Brvan.L.HaII0ncdenr.gov5 wrote: RECEIVED MAR 0 9 2023 MP SECTION DCM MHD CITY I apologize for the double email, I forgot to include to please provide the JD from the USACE for the 404 wetland boundary. Thanks, Bryan Hall Field Representative NC Division of Coastal Management U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01859 County: New Hanover U.S.G.S. Quad: NC- Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: TPI. LLC. Attn: Mr. Michael Hackling Address: 265 Racine Drive, Suite 201 Wilmington. NC 28403 Size (acres) 0.98 Nearest Town Wilmington Nearest Waterway Onslow Bav River Basin Cave Fear USGS HUC 03020302 Coordinates Latitude: 34.1007 Longitude:-77.8816 Location description: The oroiect area is located at 214 Williams in Wilmington New Hanover County North Carolina Parcel ID is R08207-002-006-000. Indicate Which of the Following_ Apply: A. Preliminary Determination ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated. Therefore this preliminary jurisdiction determination may be used in the. permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary H) will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ® There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thAeh7f by the Corps. JAN 3 0 2023 DCM WILMINGTON, NC SAW-2017-01859 The waters on your project arealproperty have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated September 2017. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. Thomas Charles at (910) 251-4101 or Thomas o charlesAusace armv mil. C. Basis For Determination: Basis For Determination: See the aDDroved 'urisdictional determination form dated 5/16/2018. HECEIVED D. Remarks: None. MAR 0 9 2023 E. Attention USDA Program Participants MP SECTION DCM This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particulasiteCITY identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies Duly to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7/16/2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** �"',o-" s :w „ Corps Regulatory Official: CHARLES.THOMAS,P.1288547196 ,,,r„q„„�,„a,,,�p„�RECEIVED Date of JD:5/16/2018 Expiration Date of JD:5/16/2023 JAN 3 0 2023 DCM WILMINGTON, NC SAW-2017-01859 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm apex/f.?p=136:4:0 Copy furnished: Agent: Land Management Group, Inc Corey Novak Address:. 3805 Wrightsville Ave. Suite 15 Wilmington, NC 28403 Telephone Number: (910) 452-0001 E-mail: cnovak�net JAN 3 0 2023 DGM WILMINGTON3 14G NOTDgCATION OF AJ)MINISTkATIVE APPEAL OPTIONS AN131°Rt3CESS.' NwOff REQUEST FOR APPEAL Applicant: TH. LLC . attn.: Mr. Michael Hackling!NNE File Number: SAW-2017-01859 Date: 5/16/2018 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A PROFFERED PERMIT (Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or btto://www.usace.amry mil/Missionc CivilWorks/RegulatorvProeramandPermits asnx or the Co s regulations at 33 CFR Part 331, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer py� w objections and may: (a) modify the to address permit all of your concerns, (b) modify the permit to ad� objections, or (c) not modify the permit having determined that the pemdt should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideratioM AR ir©l" Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit MP SECTION • ACCEPT: If you received a Standard Permit, you may sign the ACM MH y y g permit document and rehmrr it to the district en'9MRAOTryfinal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps ,r,e,$a.r ' preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which Itt �e J) by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. JAN 3 U 2023 DCM WILMINGTON, NC 5 C} 111- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL P OFFJ?R1i11 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered penrdt in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. VONS 6K �Vl POW If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Mr. Thomas Charles CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any goverment consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of an site investigation, and will have the opporbmAX to participate in all site investif ons. Date: lephone number: Si slue of ellant or ent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. Thomas Charles, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 JAN 3 0 2023 [)CM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: The `'lardy Family Trust Mailing Address: 7064 CORDGRASS CT CARLSBAD, CA 92011 Phone Number: 714-473-6185 Email Address: keith.clardy@kaamgroup.com I certify that 1 have authorized Davey Resource Group Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: retaining wall, single family residence at my property located at 214 Williams Rd in New HanoverCounty. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to CEI on the aforementioned lands in connection with evaluating information related to permit application. Property Owner Information: V Signature Print or Type N Title 1l;1_0l0?6a3 Date This certification is valid through 12 /31 12023 MAR 0 9 2023 MP SECTION DCM MHD CITY RECEIVED JAN 2 4 2023 i IDCM WILMINGTON, NC Permit Class TRANSFER STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 88-18 Issued to Clardy Family Trust, 7064 Cordgrass Ct Carlsbad CA 92011 Authorizing development in New Hanover County at adi. to AIWW and Myrtle Grove. at 214 Williams Rd., in Wilmington , as requested in the petmittee's letter dated 8/2/22. This permit, issued on August 30, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation Jr urcbe teuris utay oe suoject to Imes, imprisonment or civu action; or may cause the permit to be null and void. Docking Facility Reconfiguration at 214 Williams Rd. 1) This permit authorizes only the piers, gazebo and boat lift, and uses located in or over the water that are expressly and specifically set forth rn he permit applicationoother structure, whether floating or stationary, shall become a permanent part of this docking facility reconfiguration without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No part of the docking facility shall exceed the established pier headline. 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. (See attached sheets for Additional Conditions) t Ills 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 December 31.2023 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 DEQ and the Chairman of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are herzby dtcShVED JAN 2 4 Z023 I e, r, r tr,IRI , Sta ar _ Clardy Family Trust ADDITIONAL CONDITIONS Permit No. 88-18 Page 2 of 3 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) This permit authorizes a maximum of 1 formalized boat slip. 6) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lift at a minimum height of 12" above the bottom substrate, as detailed in the attached narrative and workplan drawing (Sheet 7 of 7), to prevent the boat lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 7) 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 and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebo shall not be designed for second story use. 9) 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. 10) Should the Lot to the east be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 11) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 12) This permit does not authorize any dredging in association with the authorized dockinRtilit VED 13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dred Or9 e- 2 excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced througho%.19 MfrBON existence of the permitted structure. MHD CITY Upland Development 14) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the homesite, driveway, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. RECEIVED JAN 2 4 ZOZ3 NC Clardy Family Trust ADDITIONAL CONDITIONS Stormwater Management Permit No. 88-18 Page 3 of 3 15) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8 180512, which was issued on 7/18/18. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. General 16) 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. 17) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2017-01859). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0305. NOTE: Future development of the permittec'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 $100 was received by DCM for this project. RECEIVED JAN 2 4 2023 DOM WILMINGTON, Nc BK: RB 6536 PG: 733-735 NC FEE500 46- RECORDED' 2022004532 02/0312022 NEW HANOVER COUNTY, REAL ESTATE 03:43:12 PM TAMMY THEUSCH PNER REGISTER OF DEEDS EXTX $1560.00 '. BY ANDEIA ENGLISH DEPUTY ELECTRONICALLY RECORDED Excise Tax $1,560.00 Parcel No.: R08207-002-006-000 & R08207-002-033-000 This instrument was prepared by: Bailey & Busby, PLLC - HAMPSTEAD OFFICE Return toy The Law Office of Jeffrey W. Porter, P.C. Brief description for Index: Tracts A and B, Map Book 63 at Page 395 Delinquent taxes, if any, to be paid by Closing Attorney to the New Hanover County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA GENERAL, WARRANTY DEED THIS DEED made this the day of January, 2022, by and between: WPS Holding, LLC A North Carolina Limited Liability Company 212 Williams Road Wilmington, NC 28409 "GRANTEE" The Clardy Family Trust, dated Marl ER68VED And amended and restated on March 5; 2015 MAR 0 9.2023 7064 Cordgrass Court' Carlsbad; CA 92011 MP SECTION DCM MHD CITY All or a portion of the property herein conveyed does not include the primary residence of a Grantor. 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. RECEIVED JAN 2 4 2023 DCM WILMINGTON, NC submitted electronically by "taw office of 3effrey W. porter, Pc" in compliance with North Carolina statutes governing recordable documents and the terms of the submi tter agreement with the New Hanover county Register of Deeds. WITNESSETH 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, all that certain lot or parcel of land situated in the County of New Hanover, State of North Carolina, and more particularly described as follows: Being all of Tract A and Tract B on a plat entitled "214 Williams Road, Wilmington, NC 28409" prepared by Atlantic Coast Survey, PLLC for Michael Hackeling and recorded in Map Book 63 at Page 395 of the New Hanover County Registry, reference to which is hereby made for a more particular description, being also the property conveyed to WPS Holding, LLC, by deed recorded in Book 6318 at Page 16, 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: (1) Ad valorem taxes for 2022 and subsequent years; (2) General utility service easements and rights of way of record; (3) Matters shown on maps recorded in the local County Registry; (4) Applicable local, county, state of federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property; JAN 2 4 2023 DCM WILMINGTON, NC. IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. WPS Holding, LLC Byg� (SEAL) atthew D. Bottles, Member State of v County off I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Matthew D. Suttles, signing on behalf of WPS Holding, LLC, as Member. Witness my hand and Official Seal on this Date shown. % I\Jy , Notary Public � i My Commission Expires: Date: 1111 1-2-0,9- 2 \`"011 u111',,, c O ti `CEIVE® MAR 0 9 2023 MP SECTION DCM MHD CITY JAN 2 4 ?V.1 DCM WILMINGTON, NG DAVEY10 Resource Group January 23, 2023 ERIC SCOTT BALDWIN & ABIGAIL EDSON 212 WILLIAMS RD WILMINGTON, NC 28409 To Whom It May Concern The Clardy family Trust is applying for a CAMA Minor Modification for development activity on the property located at 214 Williams Rd, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at scarlett.henson@davev.com. Sincerely, Scarlett Henson, Agent Davey Resource Group, Inc. Enclosures RECEIVr-o JAN 2 4 ZU23 www.davey.com . Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC DAVEYI!, Resource Group January 23, 2023 STEPHEN 8 JOHNSON 218 WILLIAMS RD WILMINGTON, NC 28409 To Whom It May Concern: The Clardy Family Trust is applying for a LAMA Minor Modification for development activity on the property located at 214 Williams Rd, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit drawings. Should you have any objections to this proposal, please send your written comments within 10 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 10 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at scarlett.henson@davev.com. Sincerely, 5carlett� Agent RECEIVED Davey Resource Group, Inc. Enclosures MAR 0 9 2023 MP SECTION DCM MHD CITY RECEIVED JAN 2 4 2C"3 bCM WILMINGTON, NO www.davey.com •Phone: 910.452.0001 •Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, INC 28403 2hS4 5592 0000 02Z2 TM. USST 5592 0000 0H2 TM RECEINISO JAN 2 y ; ,, IDOM WILMINGTON. NC ■ Cowl" items 1, 2, artd & ■ Pdnt your nwo and add as m1 the r vww w that we can ratan the Card to you ■ Attach thle Card to the back of the madPIwo. or on the front 2lipeoe permits. 1. Article Addressed to: Eric �q�Win�,' 'RiaG�c,i 1 Ti �wj IUZ1 teg( eamks YLarn l &jv C,NL V-SS% A. Vanftm— u B. Viomm by (P(Ofed Neme} 10. Dt of Der --L3 D. to ddlwy teldaeed ban oem l7 U Mm It YK erns dW" alkirm below. O No gI��IIq�IIgqIUIIIIqAlllliq�lll o MutepNtus 3 DaepMead Melw oRoaht d° 9590 9402 7301 2028 4633 41 0 MAR - rd D. N" D .a"� cawewm e owmy1> e1.dQd�pY RoNmloe o rYllon a. romi'v klMq' Bade Numberm--fer M1om—*& IB6ay 7022 3330 0001 9294 4717 PS Form 3811. Jtdy202o P8N 7530-0z000.eo6s RECEIVED FEB 27 2023 Domeaac MUM RW Wt RECEIVE® MAR 0 9 2023 MP SECTION DCM MHD CITY DCM WILMINGTON, NC .iro � -0 ■■ nj N p 4300{ ti `CA � � � � � � -�� tip$ nz1 o w� �B-a e },{ O He 6 O L o V zo m � r � s a� Ln N� Ul Ir Ln Ln A = a- 1013DE300P ft Kill 1114 Eggs if N 1 DO 000 0 SL❑O j sill -r la 7 rq rq Ul tn .a ti 0 rC3 0 13 ti M1 N r9 ti �o M1 Ln m ra m m .n ru 0 0 N M1 !L r9 N G M1 m 0 c 0 0 m u- r9 0 c a 0 m m m ti ti a M1 RECEIVED FE8 07 202) DCM WILMINGTON, NC Hall, Bryan L From: Henson, Scarlett <Scarlett.Henson@davey.com> Sent: Monday, February 27, 2023 9:17 AM To: Hall, Bryan L Cr Greg Finch Subject: Re: [External] 214 Williams Rd CAMA Minor Modification Application Attachments: Edson Baldwin - Green Slip.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Bryan, We finally got a slip back for Baldwin/Edson. Please see attached. Best, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452,0001 ext.1906 1 M: 910.279.8348 1 F: 910.452.0060 DAVEY1. Resource Group Visit our local office page On Tue, Feb 21, 2023 at 7:43 AM Hall, Bryan L <Bryan.L.Hall(@ncdenr gov> wrote: Hi, Below are some addresses our assistant general counsel was able to dig up that were associated with the property owners of 212 Williams Rd. Let me know if any of these work and if not I will get back in touch with our counsel and see what next steps should be. 1106 Midlake Court, Grimesland, NC 27837 1021 Red Banks Road, Greenville, NC 27858 RECEIVED MAR 0 9 2023 MP SECTION DCM MHD CITY For Abigail Baldwin, also try: 2729 Beddard Road, Grimesland, NC 27837 Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office brvan. Lhall Cancdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Find a Field Rep (arcgis.com) Email correspondence to and from tins address is sbb%ecf to the Nodh Carolina Pubic Records Lau' and may be tlisctosed :o th?rd parties. From: Hall, Bryan L Sent: Thursday, February 16, 2023 7:33 AM To. Henson, Scarlett <scadettmensonCmdCVey.COm> Cc: Greg Finch <gregory.finch@davev.com> Subject: RE: [External] 214 Williams Rd CAMA Minor Modification Application Hall, Bryan L From: Sent: To: Subject: Sure thing. See you Wednesday! Goebel, Christine A Monday, February 20, 2023 9:16 AM Hall, Bryan L RE: ARPO help- don't worry about it until after CRC From: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Sent: Monday, February 20, 2023 9:15 AM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Subject: Re: ARPO help- don't worry about it until after CRC Thank you!! Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office brya n.l. hall(ancden r.gov 127 Cardinal Drive Ext Wilmington NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Goebel, Christine A <Christine.Goebel(aNCDENR GOV> Sent: Monday, February 20, 2023 9:14 AM To: Hall, Bryan L <Bryan.L.Hallkancdenr.gov> Subject: RE: ARPO help- don't worry about it until after CRC Hi Bryan - The notary on an easement they granted to Duke at the end of last year was Pitt County. Eric Scott Baldwin has a bunch of residences -jumps around a lot! I looked them up in People Finder and it looks like these are a couple good address to try: 1106 Midlake Court, Grimesland, NC 27837 RECEIVEI-.', 1021 Red Banks Road, Greenville, NC 27858 MAR 0 9 For Abigail Baldwin, also try: 2729 Beddard Road, Grimesland, INC 27837 t MP SECTION DCM MHD CITE Let me know if these work! Christy From: Hall, Bryan L <Brvan.L.Hall@ncdenr.aov> Sent: Monday, February 20, 2023 8:58 AM To: Goebel, Christine A <Christine.Goebel6@NCDENR.GOV> Subject:.RE: ARPO help- don't worry about it until after CRC Whoops, that might help ..... 212 Williams Road Wilmington, NC 28409 Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office b rya n.l. h a l l@ n cd e n r.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Find a Field Rep (arcgis.com) Emad Coi(espondencc to and 4om this ada%ss +s subject to the North Carolina Public Records Lase and .may be disclosed to third parties From: Goebel, Christine A <Christine.GoebeK)NCDENR.GOV> Sent: Monday, February 20, 2023 8:57 AM To: Hall, Bryan L <Brvan.L.HalltaDncdenr.Rov> Subject: RE: ARPO help- don't worry about it until after CRC Hi Bryan - Where is this? 212 Williams Road where? Let me see what I can find. Thanksl Christy G From: Hall, Bryan L <Brvan.L.Hall(&ncdenr.eov> Sent: Friday, February 17, 2023 2:23 PM To: Goebel, Christine A <Christine.GoebelPNCDENR.GOV> Subject: ARPO help- don't worry about it until after CRC Hi Christy, I need some help figuring out how to properly notify Eric and Abigail Baldwin of 212 Williams Road. I have a Minor Mod that Davey Resource Group has submitted for 214/216 Williams Road, they have tried three times to notify 212 Williams Road. They have all been unsuccessful. The tax records show the mailing address as 212 Williams Road however the house has been under renovation so clearly no one lives there. I gave Davey the contact information of a contractor who I know did work on the property but Davey hasn't heard back from them. Do you have a way to find the proper mailing address for the property owners of 212 Williams Road? I know you're slammed with CRC coming up so don't worry about this until after. Have a good weekend. Thanks, Bryan Hall Field Representative INC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l. ha l[O ncdenr.gov 127 Cardinal Drive Ext Wilmington, INC 28405 Find a Field Rep (arcgis.com) Finail correspondence to and from tors address is subtecl to the North Carolina Public Records Let=r and may be disclosed to third part. -as RECEIVED MAR 0 9 �W3 MP SECTION DCM MHD CITY Hall, Bryan L From: Steve Johnson <sjohnsonilm@outlook.com> Sent: Thursday, February 16, 2023 11:31 AM To: Hall, Bryan L Cc: Johnson, Kelly Subject: [External) Regarding Application for Modification to CAMA Major Permit for 214 Williams Rd. (Previously 214 & 216 Williams Rd.) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. To: Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality cc: Kelly Johnson Environmental Engineer INC Division of Energy, Mineral & Land Resources Stormwater Permitting Bryan, Hello. Following are my comments/concerns regarding the application. This is the earliest I have been able to respond after receiving the adjacent property notification, as I got sick with COVID-19 on Jan 29 and am just recently recovered. The application adds a 117' long "retaining wall with backfill" across the entire lot, and adds a 40' long "wing wall" along the boundary with my lot, 218 Williams Rd. (and adds a second wing wall on the other side of the lot alongside 212 Williams Rd.) Heights of the walls are not shown, neither is the depth of proposed backfill, or total depths of additional landscaping/construction fills that may be planned on top of the backfill or on other portions of the lot. My main concerns with this proposed modification are related to its potential to increase stormwater flooding and groundwater level of my adjacent lot - 218 Williams Rd (along with possible impacts on other nearby non - elevated lots, i.e. 222, 226 Williams Rd). As background: I moved to 218 Williams Rd in 1978 and have been privileged to live in this community for over 40 years. Since -2006 several lots have added bulkheads/retaining walls, and/or have added fill/elevated the lots. Some of these activities have had unintended adverse impacts on nearby non -elevated lots. In one project, bulkhead and fill was added at the sound's edge to a lot on the S. side of Williams Rd, near the road's end. In the process a small tidal creek (at about 4' elevation above MLLW) was stopped that had allowed tidal flows into/out of the wetlands & pond in that basin; this creek also provided drainage of stormwater from the wetlands. Afterward, flooding tides and stormwater can no longer exit until close to 5.5' above MLLW (ref. WB tide gauge), and the small pond behind the bulkhead has expanded in area and depth. Bulkheading and/or lot filling activities have also occurred in several other lots near that basin, which havegcy,, additional stormwater into this pond. Normal drainage of nearby non -elevated lots into this basin has been impacted by the higher water level. V;. FEB 16 Z., ... 9GM WILMINGTON, Nb On the Application, the proposed location of the 40' wing wall would be directly alongside the portion of 218 Williams Rd where the septic drain field has always been located. The proposed location is in an area that slopes down to a tidal coastal wetland basin. This basin is in the southern portion of 214 Williams Rd and extends to the SW edge of 218 Williams Rd (photos 1-3). A portion of the stormwater onto 214 & 218 Williams Rd lots flows down this sloped area into the wetland basin. When tidal or stormwater flooding events end, the wetland basin slowly drains into the sound. The hill -bottom location of the proposed backfilled area/retaining wall & wing wall is low in elevation at its southern extent, although is outside of designated coastal wetlands (photo 4. Note: the dog run side fence in photo is inside of the 218 Williams Rd lot boundary and near the location of the proposed wing wall.) During major flooding events such as hurricanes and strong/training storms, some stormwater from several acres of lots on the north side of Williams Rd (i.e. from 225, 235, 233, 239 Williams Rd) flows across Williams Rd and is added to the stormwater that flows into the coastal wetland basin of 214 Williams Rd. Photos 5 & 6 show a rain event in July 2018, during which stormwater flow from lots north of Williams Rd flowed into 210- 218 Williams Rd lots. Flow continued for several hours the after rain stopped. Coincidentally, one of these lots north of Williams Rd had just completed being filled/elevated, which may have contributed to the N to S stormwater flows across Williams Rd. The combined stormwater flows from Hurricane Florence into this wetland basin were incredible, and resembled a river for many hours. I have concern that the proposed retaining wall and wing wall placed on the lot boundary will act as a dam to restrict the normal stormwater flow to the 214 Williams Rd wetland basin, and would re -direct more flow into the adjacent, non -elevated 218 Williams Rd lot. This stormwater would be forced to flow along the eastern edge of the wing wall to its southern end, before distributing into the wetlands. I am also concerned that significantly elevating 214 Williams Rd above the level of 218 (and 222) Williams Rd lots will force additional ground water flows into 218 Williams Rd due to increased hydraulic head. The resulting higher groundwater levels, added to increased stormwater flows, would wet 218 Williams Rd lot, and could adversely impact its septic drainfield operation. Comment/concern regarding lot boundary: In my March, 2018 comments to the original CAMA Major Permit application, deed & survey information were provided which documented that the current deed for 214 Williams Rd used a 214/218 Williams Rd lot boundary line angle that had been changed from the original 1950's boundary line used for both 214 & 218 Williams Rd lots; this original boundary line angle has remained unchanged for 218 Williams Rd. (Details are not repeated here.) This becomes an issue mainly when structure(s) are to be built on the 214 Williams Rd changed lot boundary. RECEIVE® To reduce the impact of the 214 Williams Rd modification on stormwater flooding and groundwater level of 218 Williams Rd, I request the following changes to the proposed project be made: MAR O 9 2023 1. Leave an unfilled buffer/setback from the property line for any retaining/wing walls, to e(gbRECTION normal/unrestricted stormwater flow/distribution into the wetland basin and reduce XtYn t* CITY flooding & groundwater impacts on 218 Williams Rd. 2. Limit the heights of walls & total depths of backfill/landscaping/construction fills as necessary to prevent increasing groundwater flows/levels into 218 Williams Rd, especially in areas adjacent its septic drainfield & well. Even limiting these heights/depths to the 1.5' allowed for landscape fill may net be adequate to protart 21.8 Williams Rd if placed directly against the lot. RECEIVED FEB 16 2 z DCM WILMINGTON, Nr, Your consideration of these comments/concerns is appreciated. Please call or e-mail for clarification or additional information. Thank you, Stephen ('Steve') Johnson (910) 398-8654 (home) (910) 515-5455 (cell) Referenced photos provided via text: #1: Wed, Feb 15, 2023 - View facing sound, 214 Williams Rd (right side of photo) & 218 Williams Rd #2: Fri, Nov 11, 2022 - Tidal flooding, -5.74' high tide @ WB tide gauge #3: Sat, Oct 9, 2021- Tidal flooding, —6.3' high tide #4: Sun, Jan 22, 2023 - Tidal flooding, —6.6' high tide #5: Mon, Jul 30, 2018 - 10:39AM - Stormwater into wetland basin #6: Mon, Jul 30, 2018 - 2:12PM - Stormwater flow continuing N to S across Williams Rd RECEIVED FEB 16 2023 DCM WILMINGTON, NC ,n't i`�+ G t�T1 r 0 C O p ly � r ,.::.RECEIVED zl MAR 9 2023 .: ..r, .. i P SECTION M MHD CITY t t t F ( F+4 f � 1 �1+f'C• �w t � ME,a u1 f,S f`3t 9 S a a ' ' r: f _ 1S RECEIVED ALB 16 2023 fi I)CM WILMINGTON, NC .4yj4 X t a'�' a. .. aT•'$ i now _ NnUOIS ROAD -NC S.R 1526__ _ �Li�l[}1amLRe'AT \ IProposed Pervious Paver Driveway 2roposed Roofline� . , Proposed Stormvater ` Rook Trenches \ Retaining Walls Around Brisling Trees (As Needed) Proposed Wing Wall \ 1 Existing Pond BALD N ERIC SCOTT AB IL EDSON �. 212 LLIAMS RD WILMIN - ON, NC 2a409 , \ f / Proposed Pervious Paver Driveway L oposed Slormwater Rock Trenches Drip Through Pool Decking --Hwy 421 _ T. R i t' /---t y1�r Grove Rd: Site Location Map (NTS) Proposed Wing Wall 40' Drip Through Stairs , 4lM Wetland Line Proposed Retaining Wag with Backfill 117' Coastal Welland Dne `7 \ RECEIVED JOHNSON StTEPHEN B - Inlerior Property Line M 218 WILLI S RD �` WILMINGTON, NC 28409 MAR 0 y Zp?3 `, 30'Setback MP SECTION 1` NHW \ DCM MHD CITY 1 \— Outer Edge Edge of Marsh R E;C E WE D Existing Pler Legend MLw FEB 2 S 2023 Property Boundary —_.__._ Proposed Retaining Well Proposed Becldil g Ss' DCM V4LMINGTON, �i GrONe $OU Proposed Tree Removal 00", Eldsgng Trees NOTES: Protect Dale: ReMM0.58te: 1. ease CAD Me pin" MSuC. Design CompenY. 2. Ears lode ePMid S]5 AEC. � 214 Willams Road 1/17/2023 N/A 3. NOt an engineered ar cuvayed dtl Mrp. For armrowentalpMln�dn,nNy. Resource6roup Srale: 1"=60' Job Number. DRGNCW22.399 rme: Plan Yaw and Site Locationat- 0 an An 120 3805 Wfightwle Ave Suite 15 Wimingim, NOM Cami na 28403 0� Sheet Number. 910� 2-0 1 GSF/SH i 012 L9CAMA12022 CAM FILE9WRGNCw22.3ea— 214 welieme Rd. Fae Marne Cens"d n@,W911ams Roi -Mrwr Mod. WfLURNSxoAD.NCS.Ill _ —.— ,-mx[karuraav Proposed Removal 12" Cedar �t 25' Setb_ack \ _ _ t Tt \ t T 1' \ Proposed Removal Proposed Re\ t i 1 t 8" Cedar Proposed Removal \ 1 vs-§eP��� t E,' rp ; \ 14" Live Oak t t\ , 1�5 9 —+� \ Trim Only 88' 31" Live Oak Proposed Removal 14" Live Oak �� t Proposed Removal 10" Live Oak Proposed Removal Proposed Removal 8" Live Oak t 1 t \ 12" Live Oak ` t \\ Proposed Removal t tt \ / - 22" Live Oak t \ Proposed Removal 1 't 404 Wetland Line 22" live Oak _ � � � l \ Proposed Removal v \ J} \ 8" Live Oak , Coastal Wetland Line \ \ JOHNSON SjEPHEN B N t 218 WILL1 S RD \ WILMINGTON, NC 28409 \ \ Existing Porn 1 30' Setback \l NHW \ BAL N ERIC SCOTT AB AIL EDSON 212 LLLWS RD WILMINC�TON, .t NC 28409 �,- Outer Edge of Marsh � -IVFLepentl � .-� Glove rjeUt� Properly aountlary, Existing Pier � e FD Gfl 8 2w Proposed 6 , Retaining Wall Proposed Bii.knil DC MINGTQ Proposed Tree Removal O Existing Trees Q NOTES: 1. BasEnti CAD NO i>rovldadbyAEAiven Dwigi Company. Project: Dale: iH7/2023 ReValon Data: N/A 2 lot ian"m dm 5r,eyed n-`� DWE 274 Williams Road Not 3. Not an mwislered yt aunreyed drewbg. Fa arnironmanbl pertniNn9 only. p� raW0VrC8 Group She: 1"�0' bb Nun DRGNCWL2.399 Q sn Rn 120 Ttlk: 3aas'roi91,1Vsile Ave Salle 15 N1lmington, N0,1h Carolina 2UM Tree Plan Vlew Draain By. Stoat Number. 910452-0001 GSF/SH 2of2 NC Luck, Cameron A From: Snider, Holley Sent: Wednesday, April 19, 2023 11:10 AM To: Pietila, Tanya K; Currey, Gregory E CIV USARMY CESAD (USA); 'Bouffard, Christine'; Hall, Christine Cc: Luck, Cameron A; Hall, Bryan L; MacPherson, Tara; Cannon, Amanda J Subject: RE: CAMA Minor Modification Request: Clardy Family Trust #88-18 Attachments: GC4501 final.pdf Good morning AII, — Please disregard my previous email. In accordance with the attached Division of Water Resources General Certification #4501 (GC 4501), the impacts described in your CAMA minor modification request to the existing LAMA major permit do not require written authorization to utilize GC 4501. However, you are required to follow the conditions listed in the attached certification. If the conditions of the attached general water quality certification cannot be met or the project scope changes so that the thresholds listed are exceeded, additional review will be required by the Division of Water Resources and an Individual Water Certification may be required. The approval does not alleviate the need to comply with any other federal, state and local requirements before proceed with your project. The Division of Water resources has assigned the project# 20180305. Any future DWR correspondence should reference this project number. Please feel free to contact me if you have any questions or need my assistance in any way. Sincerely, Holley Snider ... :. ,><((((°>., ..,,..><((((s>.•" Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 PBW�M�nMmnmenPl Qi1Tll 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Snider, Holley Sent: Friday, March 10, 2023 3:21 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAD (USA) <gregory.e.currey@usace.army.mil>;'Bouffard, Christine' <cbouffard@nhcgov.com>; Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Hall, Bryan L <Bryan.L.Hall@ncdenr.gov>; MacPherson, Tara Luck, Cameron A From: Sams, Dan Sent: Friday, April 21, 2023 11:28 AM To: Luck, Cameron A Cc: Pietila, Tanya K; Hall, Christine Subject: FW: CAMA Minor Modification Request: Clardy Family Trust #88-18 Attachments: Clardy Family Trust #88-18 minor mod NH.pdf The project has proposed is planning extensive built upon area in addition to the 77' x 88' of the residential structure. built -upon area is to exceed 10,000 square feet, a Pre -Construction Stormwater application submission and permit approval will be necessary. Daniel Sams, PE Wilmington Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 796 7215 office 910 796 7373 direct (please note extension change) dan.sams(dncdenr.gov E Q, {N$4PAN cl IRnQv�a.sr.9,u"ei/ 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Friday, April 21, 2023 10:52 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: CAMA Minor Modification Request: Clardy Family Trust #88-18 Christine Hall, PE (she/her/hers) Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7339 Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 christine.hallt@ncdenr.aov Onpartmnt o�[n.Trm enlalaw� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third patties. From: Pietila, Tanya K <tanva.pietila(@ncdenr.eov> Sent: Thursday, March 9, 2023 5:16 PM To: WilmingtonNCREG<wilminatonncree@usace.armv.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <ereeorv.e.currey@usace.armv.mil>; Snider, Holley <hollev.snider@ncdenr.aov>;'Bouffard, Christine' <cbouffard@nhceov.com>; Hall, Christine <Christine.Hall@ncdenr.aov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Hall, Bryan L <Bryan.L.Hall@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.¢ov> Subject: CAMA Minor Modification Request: Clardy Family Trust #88-18 Hello all, Please accept this request for a CAMA Minor Modification to Major Permit No. 88-18 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before March 24, 2023. at cameron.luckoncndenr.gov with your questions, comments or concerns. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management Find a Field Rep (arcais.com) 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7424 Tanya.Pietila@ncdenr.gov ;� D„Q��' Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Luck, Cameron A From: Bouffard, Christine <CBouffard@nhcgov.com> Sent: Wednesday, April 19, 2023 12:18 PM To: Luck, Cameron A Subject: (External] FW: CAMA Minor Modification Request: Clardy Family Trust #88-18 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. I meant to say that the removal of trees may necessitate the approval of a tree removal permit from NHC, not sure if that is something that you would want to include. Thanks, Christine Christine Bouffard Zoning Compliance Official New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7074 p 1 (910) 798-7053 f CBouffard@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Bouffard, Christine Sent: Wednesday, April 19, 2023 10:59 AM To: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: FW: CAMA Minor Modification Request: Clardy Family Trust #88-18 Sorry Cameron, I thought I had replied to this one, NHC has no objection/comment. C Bouffard From: Pietila, Tanya K <tanva.oietila@ncdenr.eov> Sent: Thursday, March 9, 2023 5:16 PM To: WilmingtonNCREG<wilmingtonncrea@usace.armv.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <greeorv.e.currev@usace.armv.mil>; Snider, Holley <hollev.snider@ncdenr.gov>; Bouffard, Christine <CBouffard@nhcgov.com>; Hall, Christine <Christine.Halip ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.eov>; Hall, Bryan L <Bryan.L.Hall@ncdenr.eov>; MacPherson, Tara <tara.macoherson@ncdenr.eov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.eov> Subject: CAMA Minor Modification Request: Clardy Family Trust #88-18 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello all, Please accept this request for a CAMA Minor Modification to Major Permit No. 88-18 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before March 24. 2023, at cameron.luck(o)ncndenr.gov with your questions, comments or concerns. Thank you! 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