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HomeMy WebLinkAbout54-23 Three Auditorium Circle LLC Permit Class Permit Number NEW 54-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 4lcrmit 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 Three Auditorium Circle, LLC., 117 Slingshot Rd., Statesville,NC 28677 Authorizing development in New Hanover County at adj.to Banks Channel at 3 Auditorium Circle, in Wrightsville , as requested in the permittee's application dated 1/7/23 (MP-1, MP-4), including work plan drawings(2) Sheets 1-2 of 2 dated 1/19/23. This permit, issued on May 15, 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. Docking Facility 1) This permit authorizes the demolition of the existing docking facility and the construction of docks, piers,boatlift, 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 5 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. ,/741.46A1-4' ( Any maintenance work or project modification not covered hereunder requires further Division approval. For Braxton C. Davis, Director All work must cease when the permit expires on Division of Coastal Management May 15,2028 This permit and its conditions are hereby accepted. In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Three Auditorium Circle, LLC Permit No. 54-23 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) 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. 6) 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. 7) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the established Wrightsville Beach pier-head line as shown on the attached permit drawings. 8) 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. 9) The roof of the gazebo shall not be designed for second story use. 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. Three Auditorium Circle,LLC Permit No. 54-23 Page 3 of 3 ADDITIONAL CONDITIONS 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-2023-00355). 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. 20230214. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of$250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Three Auditorium Circle,LLC COUNTY:New Hanover PROJECT NAME: 3 Auditorium Circle LOCATION OF PROJECT:3 Auditorium Circle,adj. to Banks Channel, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-2-23 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: 21=CFIVED B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#5236 APPLICATION ASSIGNED TO: Luck EB 07 2023 PUBLIC NOTICE REC'D: 2-10-23 END OF NOTICE DATE: 3-3-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: YesCIRM-IItN~L1 CI TY C) 75 DAY DEADLINE: 4-18-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 2-7-23 STATE DUE DATE: 3-3-23 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES 1 COMMENTS OBJECTIONS: RETURNED YES NO DCM-Field Rep 2/7 CcMs.S\-1--4 DCM-LUP Consistency Determination 5/� t x r Local Permit Officer Corps of Engineers-Regulatory Branch 3 j (k t3 Oa 3,55 ) C7►?:5' DWR-401 Section 5/6 X I NWf}- 4(197- DWR-Public Water Supply C. i 1p V o CO vw vvc4 DEMLR-Stormwater DEMLR-Sed and Erosion DOA-State Property Office Wildlife Resources Commission t115 X KO COiM,MCv0( DMF-Shellfish Section (� )C hp CO ,,1\-- DMF-Habitat& Enhancement Lib Ga►v, 21( DNCR-Archives& History '1//U 6 X Vto CONAAvv<AAl DNCR-Natural Heritage Program NCDOT NC Dept of Commerce 6 2 l X 1 yw COommtvk DCM Coordinator. Cameron Luck County: P' Permit#: WIRO E-MAIL DISTRIBUTION SHEET (A Circle o e: Bio Reeort/ Permit for: n ll � o v'YG'� �t Oversize rts�sent: 1AJA/ DCM Offices: � l.� Morehead City: PT(if oversize) via Couri /� �er '' '" *cc Cam &Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet DC *MHC documents(Cam &Amanda) Wilmington: Original hard-copy K ONLY USACE& DWR(vitro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: nder& 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: Holley Snider-401 (BR/NH): PN, CL, Reports, Split Sheet 15 401 (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: m Harding q ) °) DCM Planner/WiRO: `Mike Christenbury �' " e Cultural Resources: 2enee Gledhill-Earley Environmental.Reviewa)ncdenr.gov °v�o Natural Heritage Prog. "Rodney Butler `` '" DCA-Rural Eco. Dev: k/ee Pad rick_(Ipadrickacommerce.nc.gov) NC DOT: .david Harris Wildlife Resources: \/tviaria Dunn w/Reports State Property Office: Tip�►►Walton. DEED \A10.Moser_ Wanda Hilliard, Real Property Agent(Bio Reports only) Shellfish Sanitation: ✓Je�my Humphrey (Bio)/ `A-ndrew Haines_ DEMLR: �hristine Hall -Stormwater Section %/Jan Sams - Land Quality Section Public Water Supply: vt4rdi Cox City of Wilmington: - tatbryfrPhursteb-__ � Enforcement: I Field Rep:4"69 3 "&tNV1.C'V. / REDEIytIED Co. LPO V 'ir.y wl cirni FEB 0 7 2023 Agent: DC; _NolD CJTY DISTRIBUTED: /6 rA17r(1) Updated 12/2022 CAMA/Shaun majors docs/e'Agency List RECOMMENDATIONS FOR 3 Auditorium Circle,Three Auditorium Circle, LLC. 210712023 The proposed new docking facility would provide a total of five (5) 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,would not exceed the 1/4 width of Banks Channel, and would not exceed the existing Town of Wrightsville Beach 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, PFCF'UFD E� 0 7 2023 OGi4_t tt cf1-y ,5,*"('''14t4e4, ROY COOPER 44,4-00 t nrrr,- % '' ELIZABEI`H S.I ISER � BRAXTON DAVIS NOkT•I Ca.wu�>>: t#reosu' Environmental Q&a ity, February 7, 2023 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) carneron.lucki NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle,LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach; New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo,floating platforms and a boatlift for a total of five(5)formalized boat slips. 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 March 3, 2023_ If you have any questions regarding the proposed project, contact Kelsey Beach man 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 describedjpp�� fps¢1 comments. FR�� PRINT NAME Lee Padrick FEB 0 8 2023 MP SECTION NC Commerce DCM MHD CITY AGENCY SIGNATURE ed-,A/ 2-8-23 DATE 40 Tyd O ROY COOPER ii, Governor V g'. ELIZABETH S.BISER *0ft ',$0.4` Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality March 16, 2023 DWR#20230214 New Hanover County Three Auditorium Circle ATTN: Marvin McCombs 117 Slingshot Road Statesville, NC 28480 RECEIVED Subject: No Written Approval 3 Auditorium Circle—Banks Channel-Wrightsville Beach MAY 0 8 2023 USACE Action ID SAW#2023-00355 MP SECTION Dear Mr. McCombs: DCM MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA Major application request received by this office on February 7,2023 to construct a docking facility with five(5)formalized boat slips. DWR issues approval in the form 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. 1 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E 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). .. North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wimington,North Carolina 28405-5406 rypnrn ur1n _E �� ` c./Aef910.796.7215 Three Auditorium Circle DWR Project#20230214 Page 2 of 2 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. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 `,C One (1) copy of the petition must also be served to DEQ: RECE�V CD William F. Lane, General Counsel MAY 0 8 2023 Department of Environmental Quality 1601 Mail Service Center MP SECTION Raleigh, NC 27699-1601 DCM MHD CITY 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.gov if you have any questions or concerns. Sincerely, fcalley Sfe-r Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources, NCDEQ Enclosures: GC 4497 cc: Rick Penny,agent, rick@rpcmarine.com Gregg Bodnar&Cameron Luck, DCM Morehead City Office,EC Greg Currey, USACE Wilmington Regulatory Field Office, EC DWR 401 & Buffer Permitting Branch file-LF WiRO D E Q J/ North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington,North Carolina 28105-5406 Nor �.:�t.��\ �/ 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00355 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Three Auditorium Circle, LLC Attn: Marvin McCombs RECEIVED Address: 117 Slingshot Rd MAR 31 2023 Statesville, NC 28677 MP SECTION Telephone Number 704-873-7563 DCM MHD CITY Size (acres) Nearest Town Wrightsville Beach Nearest Waterway Banks Channel River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.2094222222222; Longitude: -77.7987305555555 Location description: The project site is located at 3 Auditorium Circle, adjacent to Banks Channel, in the Town of 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 with a gazebo, floating platforms and a boatlift for a total of 5 formalized boat slips. Once the existing docking facility is removed, an approximately 12 feet wide by 16 feet long gazebo is proposed to be constructed parallel to the existing bulkhead and will have a ramp that will lead to a proposed floating access dock. The floating access dock will extend perpendicular to the bulkhead and will measure approximately 6 feet wide by 108 feet long. There will be 3 slips for vessels off the access dock; 2 slips off the north side that could accommodate up to two 40 feet vessels (Slips 1 & 5) and 1 slip off the south side that could accommodate up to a 20 feet vessel (Slip 2). At the end of the floating access dock, a smaller floating dock, measuring approximately 8 feet wide by 14 feet long, is to extend south and create a "L-head" (Slip 3). Landward of the proposed 8 feet by 14 feet floating dock and "Slip 2", a 14 feet wide by 30 feet long uncovered boat lift will be installed adjacent to the floating access dock (Slip 4). A floating swim platform, measuring approximately 6 feet wide by 14 feet long, will be located between the new boat lift and the new gazebo. The new docking facility will cover and shade approximately 1,036 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); Z 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 CONDITIO uECEIVED Your work is authorized by the above referenced permit provided it is accorrViih/elliWitrict accordance with the attached conditions and your submitted application and attached information and drawings dated December 7, 2022 and revised January 19, 435h_, ation 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(a�usace.army.mil. Corps Regulatory Official: Date: March 31, 2023 Expiration Date of Verification: December 31, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Richard Penny (Richard Penny Construction, LLC) Kelsey Beachman (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) RECEIVED MAR 3 12023 MP SECTION DCM MHO cm( Action ID Number: SAW-2023-00355 County: New Hanover County Permittee: Three Auditorium Circle, LLC Marvin McCombs Project Name: 3 Auditorium Cir/ Wrightsville Beach/ New Hanover Date Verification Issued: March 31, 2023 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. RECEIVED MAR 31 L MP SECTION DCM MHO CITY Signature of Permittee Date MEMORANDUM To: Cameron Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application—Three Auditorium Circle, LLC., Wrightsville Beach,New Hanover County Date: May 5, 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 with a gazebo, floating platforms and a boatlift for a total of five formalized slips. The project is located at 3 Auditorium Circle, adjacent to Banks Channel 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 MAY 0 5 2023 MP SECTION DCM MHD CITY ems.STATEa 4, 16;.; ROY COOPER �'-, Governor i 1V'' ELIZABETH S.BISER �r • ' Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck( NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five(5)formalized boat slips. 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 March 3, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Shannon Jenkins FEB 0 8 2023 AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality DCM SECTION ry SIGNATURE,<L1 5 • ai for Shannon Jenkins DATE 02/08/2023 Q) North Carolina Department Environmental Quality I of Management NORMCaou DE ��// Wilmington Office 1127 Cardinalof Drive Extension WilmingtonDivision,NorthCoastal Carolina 28405 &Win.+d bninamell /k°' 910.796.7215 Received: 2/9/2023 Due: 2/24/2023 Historic Preservation Office `` " ' � + ,�4!. An\ ER 23-0448 No Comment—SBA -4 ROY COOPER 1/ _� 02/13/23 Governor �,: its ELIZABETH S.BISER ''►yaw,, Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka.NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five (5)formalized boat slips. 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 March 3, 2023. 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 RECEIVED FEB 17 2023 AGENCY Historic Preservation Office MP SECTION c^ dItt DCM MHD CITY SIGNATURE DATE 02/16/23 DE Q) North Carolina Department o Q. I ` Wilmington Office 1127 Cardinalof Envir Drive Extensionnmental uality I WilmingtonDivision,Northof CarolinaCoastalManagement 28405 ° u \ 910.796.7215 Air*sTATE y��,,,,, A \ ROY COOPER 1� �� : -E'�; Governor kt II ` ELIZABETH S.BISER *ok * Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@.NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five (5)formalized boat slips. 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 March 3, 2023. 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 n.0 aNW yy� comments. NOf1D3S dW PRINT NAME Mark Brown EZCZ 0 i 83 j 03AI3O3 j AGENCY Public Water Supply SIGNATURE ` - � DATE 2/9/23 D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 0.0.1. of israorrfti OaslI /"" 910.796.7215 �"a SUTE 4 k )ter ROY COOPER iy Governor � ELIZABETH S.BISER � �'{ °.. 1�.RA1"�i< Secretory `-`44..:;vod`. BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 (, 23 0'1 (::•-i � l MEMORANDUM.: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330(Courier 11-12-09) cameron.luckriNCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five (5)formalized boat slips. 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 March 3, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached"* .-' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. /WO QHw NOG NOI103S dIN PRINT NAME IV'\c.r1 t . .1Tt n n EZOZ L T 83J AGENCY fV(- 4C G A1303H SIGNATURE — I DATE 2--i` - 1.3 D .,_ NorthCarolinaDepartment of EnvironmentalQuality I Division ofCoastal Management ��}� WilintOfTi1127Cdial DriveExtesioIWiligtoNoth Cali284051G pv4 � .� o.+�o+w� /�'� 910.796.7215 ROY COOPER 4 z a . #"- Governor y ,I'N ELIZABETH S.BISER ; Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a�NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five(5)formalized boat slips. 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 March 3, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Kimberlee Harding APR 0 3 2023 MP SECTION AGENCY NCDMF DCM MHD CM SIGNATURE Amems' ri/aAdzit, DATE 04/3/23 _E North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 �• �+ ara\/*" 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Three Auditorium Circle, LLC.do Richard Penny Construction, LLC 2. LOCATION OF PROJECT SITE: 3 Auditorium Circle, adjacent to Banks Channel, in the Town of Wrightsville Beach,New Hanover County. Latitude: 34°12'33.92" N Longitude: 77°47'55.43"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 1/09/2023 DWR WQC Pre-filing date: 12/23/2022 Application Complete 2/02/2023 Day 30 for WQC Pre-filing 1/23/2023 6. 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 Sewer Planned-NA (F) Type of Structures: Existing-single-family residence, bulkhead, private docking facility with fixed pier, gazebo,floating dock, and floating jet-ski platform. Planned-remove existing docking facility,construct new gazebo,floating access dock with 3 slips, second floating dock with 1 slip, floating swim platform, and 1 boat lift. (G) Estimated Annual Rate of Erosion: N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands(Coastal) (B)Non-Vegetated Wetlands(Open water) 1,036 ft2 (incorporated) (C)Other-High Ground (D) Total Area Disturbed: 1,036 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 with a gazebo,floating platforms and a boatlift for a total of 5 formalized boat slips. RPCFIVFD 3 Auditorium Circle, Three Auditorium Circle, LLC. Page Two FEB 07 2023 9. PROJECT DESCRIPTION DC;m-Mi-iE► CITY The project site is located at 3 Auditorium Circle, adjacent to Banks Channel, in the Town of Wrightsville Beach, New Hanover County. According to the application, the parcel located at 3 Auditorium Circle has a maximum elevation of approximately 7' above normal high water(NHW) and is approximately 10,019 ft2 (0.23 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 parcel to the north has an existing single-family residence with a bulkhead and a docking facility. The adjacent riparian parcel to the south is a vacant lot that has a bulkhead and a docking facility. The project site has approximately 50' of shoreline frontage, currently stabilized by a bulkhead that approximates NHW. The applicant currently maintains a private docking facility with a fixed pier, measuring approximately 57' long x 6' wide, which terminates to a fixed gazebo. The existing fixed gazebo, measuring approximately 13' long x 15'wide, has a ramp that leads to an approximately 61' long x 7'wide floating dock.Adjacent to the south side of the floating dock there is an existing floating jet-ski platform that measures approximately 17' long x 10' wide. The existing floating jet-ski platform was permitted under CAMA General Permit 69193D to a previous property owner. We were unable to locate any additional permitting history for the existing dock structure, but according to aerial photography, it appears that the structure was originally constructed around 2006, The applicant was issued CAMA General Permit 87584D by this DCM office on November 7, 2022 for the installation of a new 58' bulkhead with one wingwall located 2'waterward of an existing bulkhead.As of the date of this report, the construction of the new bulkhead has been 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 Banks Channel in the project area are classified SB 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 with a gazebo,floating platforms and a boatlift for a total of 5 formalized boat slips. Once the existing docking facility is removed, the applicant proposes to construct a new private docking facility to accommodate up to five (5) vessels. An approximately 12' wide x 16' long gazebo is proposed to be constructed parallel to the existing bulkhead and would have a ramp that would lead to a proposed floating access dock. The floating access dock would extend perpendicular to the bulkhead and would measure approximately 6' wide x 108' long. The applicants propose that there would be 3 slips for vessels off the access dock; 2 slips off the north side that could accommodate up to two 40' vessels (Slips 1 & 5) and 1 slip off the south side that could accommodate up to a 20'vessel (Slip 2).At the end of the floating access dock, a smaller floating dock,measuring approximately 8' wide x 14' long, is proposed to extend south and create a "L-head". This smaller floating dock will have the potential to accommodate up to a 20' vessel on the side closest to the main channel (Slip 3). Landward of the proposed 8' x 14' floating dock and "Slip 2", a 14' wide x 30' long uncovered boat lift would be installed adjacent to the floating access dock (Slip 4). The applicants also propose to construct a floating swim platform, measuring approximately 6' wide x 14' long, in between the proposed boat lift and proposed gazebo (See Sheets 1 &2 of 2). The proposed docking 3 Auditorium Circle, Three Auditorium Circle, LLC. Page Three facility would extend approximately 141' into Banks Channel and is proposed to be constructed up to the Town of Wrightsville Beach's pier headline.As proposed,the docking facility shall not encroach into either adjacent 15'riparian setback and the water depths in the proposed footprint range from approximately 9'to 13'. 10. ANTICIPATED IMPACTS The proposed new docking facility would result in the incorporation of a maximum of 1,036 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 =—50'x 8 sq. ft. =400 ft2(maximum allowable platform area) Proposed fixed gazebo (12'x 16') = 192 ft2 Proposed floating dock (8'x 14') = 112 ft2 Proposed floating swim platform (6' x 14')=84 ft2 Proposed boat lift(14'x 30')=420 ft2(not platform,open water, incorporated) Proposed floating access dock(6'x 108') = 648 ft2 (access credit,not counted) Total =388 ft2 Submitted by: Kelsey Beachman Date:February 7, 2023 Office:Wilmington RFC1 1VED FEB 0 7 2023 DCM-MHD CITY Richard Penny Construction, LLC 133 Sound View Drive N Hampstead, NC 28443 (910)352-1317 www,rpcmarine.com MARINE Kelsey Beachman 20 January 2023 Field Representative NC Division of Coastal Management Department of Environmental Quality127 Cardinal Dr. Ext Wilmington,NC NC 28405-3845 RE: McCombs Major Permit Application Narrative Dear Ms. Kelsey Beachman, Mr. and Mrs. Marvin McCombs,representing Three Auditorium Circle, LLC,are requesting that a Major Permit be issued for the installation of a floating dock,covered platform,and boat lift at 3 Auditorium Circle, Wrightsville Beach,NC 28480. This structure with a total of five boat slips(4 wet and I 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 finger pier over the water. There was no SAV sighted and there are no visible 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 8-12' 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, ociat.tteso CITY RFCEIVED cZ) FEB 0 2 202.E Richard L. Penny, NC General Contractor License No. 79403 DCM WILMINGTON, NC MAW APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(it applicable) Three Auditorium Circle, LLC J461 Applicant 1: First Name MI Last Name Marvin McCombs Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 117 Slingshot Rd Statesville NC ZIP Country Phone No. FAX No. 28677 USA 704- 873 -7563 ext. - - Street Address(if different from above) State ZIP 3 Auditorium Circle ryightsville NC 28480 Beach Email bmccombs@mccombs-steel .com & 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> JAN 0 9 2023 `gCE.EyED UUM W1LMINGTON, NC 252-808-2808 .. 1-888-4RCOAST www.nccoastaimanagemont.net =E� 7 2023 DC�hs_k�,�.,0 cn-y Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Protect Location County(can be multiple) Street Address State Rd.# New Hanover 3 Auditorium Circle Subdivision Name City State Zip Shore Acres Wrightsville Beach NC 28443 Phone No. Lot No.(s) (If many,attach additional page with list) N/A- - ext. 14 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White River Banks Channel c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural [Manmade ['Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed )_'C]Yes ❑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(sq.ft.) 50 ' 10, 019 c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) 7 ' ❑NHW or( NWL e. Vegetation on tract Grass, Planted trees, and shrubs f. Man-made features and uses now on tract Single family dwelling. g. Identify and describe the existing land uses adlacent to the proposed project site. 1 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) Dyes ❑No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ['Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. ❑Yes ®No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes ®No DNA National Register listed or eligible property? <Form continues on next page> RECEIVED ate;,V JAN 0 9 2023 252-808-2808 :: 1-888-4RCOAST :: www.nccaasttalmanage e I �v4� � �MINGTON, NC �(:Nro-IMl'a1� cm( Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes gjNo (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 DNo (Attach documentation,if available) 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 DPublic/Government gjPrivate/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, and one boat lift . 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. There will be a covered platform and floating walkway/dock that will have a total of Li wet slips and 1 dry slip. 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 DAcres Temporary disturbance of approx. 1200 sqft over dry land. g. Will the proposed project encroach on any public easement,public accessway or other area DYes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A y to a=r i 4-Lot.") i. Will wastewater or stormwater be discharged into a wetland? Dyes ®No DNA If yes,will this discharged water be of the same salinity as the receiving water? Dyes ❑No ®NA �;I / j. Is there any mitigation proposed? Oyes ®No DNA If yes,attach a mitigation proposal. <Form continues on back> RECEIVED JAN 0 9 2023 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanauewl n_e_t N, NC 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)—(1)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 Christopher and Alison Parker Phone No. Address PO Box 1612, Wrightsville Beach, NC 28480 unknown Name MJ Vacation Properties, LLC Phone No. Address 18402 Peninsula Cove Lane, Cornelius, NC 28031 828-244-7065 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. include permit numbers,permittee,and issuing dates. CAMA General Permit No. 87854, 11/07/22 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. It the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 07 Jan 2023 Print Name Richard L. Penny r- Richard L. Digitally signed by Signature Richard L.Penny Date:2023.01.07 en ny 16:42:06-05'00' Please indicate application attachments pertaining to your proposed project. DDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ®DCM MP-4 Structures information . ' JAN 0 9 2023 0CM WILMINGTON, NC 252-808-2808 :: 1-868-4RCOAST :: www.nccoastalmanagemont.net 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 ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community [Wes No c. (i)Dock(s)and/or piers) d. (i)Are Finger Piers Included? ®Yes ❑No (ii)Number 3 If yes: (iii)Length 10 8 ' , 14 ' , 14 ' (II)Number (iv)Width 6 ' , 6 ' , 8 ' (iii)Length (v)Floating IRIYes ❑No (iv)Width (v)Floating Oyes NNo e. (i) Are Platforms included? ®Yes ❑No f. (I) Are Boatlifts included? NYes ❑No If yes: 1 If yes: (ii)Number (ii)Number 1 (ill)Length 16 ' (iii)Length 16 ' (iv)Width 12 ' 8" (iv)Width 15 ' (v)Floating Oyes No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 5 ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 3 El Dockage,fuel,and marine supplies ❑Dockage("wet slips")only,number of slips: ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: D Other,please describe: NA i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel Open runabout [Open water;no dredging required !VICO ['Other;please describe: k. Typical boat length: 18 ' -3 5 ' I. (I)Will the facility be open to the general public? r:1 Dyes Digo m. (I)Will the facility have tie pilings? RECEIVED Oyes ®No (ii)If yes number of tie pilings? �. r:B 0 2 2023 DCM WILMWGTON, NC 252-808-2808:: 1-888-4RCOAST::www.nccoastalmanauement.net revised: 12l27l06 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 O 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. f. 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? RECEIVED I. If this project is an expansion of an existing marina,what types of services are currently provided? I-LB 0 2 2023 DCM WILMINGTON, NC t . 252-808-2808::1-888.4RCOAST::www.nccoastalmanagement.net revised:12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) 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 DSAV ❑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 structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)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.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood,sheetpile,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 structure(s): b. Number ['Commercial ❑PubliclGovernment ❑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. RECEIVED e. Arc of the swing FEB 0 2 2023 DCM WILMINGTON, NC 252-808-2808:: 1-888-4RCOAST::www.nccoastalmanagernent.net revised:12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 15' to East / 15' TO West 32 ' to East / 44 ' to West Note: For buoy or moonng piling,use arc of swing including length of vessel. c. Width of water body d. Water depth atwaterward end of structure at NLW or NWL 688' 4 '10" NLW e. (i) Will navigational aids be required as a result of the project? Dyes No DNA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ®This section not applicable a. Give complete description: 07 January 2023 Date J461 Project Name Owner Marvin McCombs/Contractor Richard Penny Applicant Name Richard L Digitally signed by L. Richard L.Penny v_nA ate:2023.02.02 y Applicant Signatur) � D.__ � ti7�'2 1I-CEIVED F-E.B 0 2 2023 OCM WIL.MINGTON, NC 252-808-280S::1-888-4RCOAST::www.nccoastalmanagement.net revised:12127/06 ROY COOPER , Governor • 0 I ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Envirortmentai Quality February 7,2023 Three Auditorium Circle, LLC. c/o Richard Penny Construction LLC. 3805 Wrightsville Avenue,Suite 15 Wilmington,NC 28403 Dear Mr. Penny: The Division of Coastal Management hereby acknowledges receipt of your application,as acting agent for Three Auditorium Circle, LLC.,for State approval for development of the subject property located at 3 Auditorium Circle, adjacent to Banks Channel,in the Town of Wrightsville Beach,New Hanover County. It was received as complete on February 2, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 18, 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 February 2, 2023,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. Si rely, Kelsey Beac man Field Representative FEB G 7 �u23 cc: Cameron Luck, DCM Three Auditorium Circle,LLC.,Applicant USACE Holley Snider, DWR ,.)C,i-vi_rifflt-r b Gl ry Tony Wilson,LPO DE Q 7-4 v North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office I l27 Cardinal Delve Extension I l ilmington.North Carollna 28405 o-rz---'.irr\ a 910.796.7215 NoTici? CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to move an existing docking facil & construct a new fiv Islip clnc-king —facility wi gazebo & one hoattift at 3 Auditorium Cir., adj. to Banks Channel in Wrightsville Beach, New Hanover County. COMMENTS ACCEPTED THROUGH March 3, 2023 _-- APPLICANT- FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Three Auditorium Circle, LLC clo Marvin McCombs iv. or oas a anagemen 117 Slingshot Road 1 27 Cardinal Dr. Ext. Statesv?ttt, NC 288-77 Wilmington, NC 28405 Agent: Richard Penny Construction, LLC Richard Penny a sey eaC man (910) 352-1317 dry ROY COOPER Governor * 44 0,'� ELIZABETH S.BISER ',,' Secretary *oap * BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 starnewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Three Auditorium Circle,LLC Hello: Please publish the attached Notice in the Friday,February 10, 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. 'incerely, lbw nya al'ietila Permitting Support& Customer Assistance cc: MHC Files Cameron Luck—MHC USACE RFCFitiFr) . !=EB 0 7 2n2� .DE North Carolina Department of Environmental Quality I Division ofoCoastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 2d/05 Mom+ .....Z.ft o, 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 February 7, 2023, Three Auditorium Circle,LLC proposed to remove an existing dockingfacility&construct a newfive(5)slip docking facility w/gazebo at 3 Auditorium Cir.,adj.to Banks Channel 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 March 3, 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. FEB 0 7 2h?,3 DE North Carding Department En, ro Quality l 1°n of Coastal Managem Wilmington Office 1127 Cardinaofvi Drive Extension I WilmiIDiv gtnon,North Carolina 28405ent �� �� /•••' 910.796.72I5 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Three Auditorium Circle LLC—Bill McCombs Mailing Address: 3 Auditorium Circle, Wrightsville Beach, NC 28480 Phone Number: 919-291-5172 Email Address: bmccombs( mccombs-steel,com I certify that I have authorized Richard Penny, RPC Marine, LLC Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: New Dock and bulkhead at my property located at: 3 Auditorium Circle, Wrightsville Beach in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Print or Type Name FEB 07 2023 OWNER OGll#.-4!4HJ crty Title 10 /. f / %2-- RECEIVED Date JAN 0 9 2023 This certification is valid through 12/31/2023 DCM WILMINGTON, NC f - -r 7.---,--• k a SENDER:COMPLETE THIS SECTION QOMPLETt TINS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A Signature t II Print your name find address on the reverse XX ❑Addresseer so that we can return the card to you. by II Attach this card to the back of the mallplece, B.Received (Printed Name) C. Date ore:.l ery or on the front If space permits. t 6 . / 1. Article Addressed to = D. Is delivery address different from item 1? • Yes ��t' .}'r c-� If YES,enter delivery address below: 0 No PI'S- \l_,c._\ .o^ iiii q_( . 1$4 0 la i e ea t ei y J'A .av LH (trc v, a %0S. jt`IC- e) Ci 3. Service Type Cl Prlartty Mel Fvoressfe 11 IIII IIII III IIII I I IIIII N�I I I II (II II I III CI Mutt Hdg MNur Reetrleted Dewey 0 W¢ebred Mall Restricted e 9590 9402 5405 9189 0618 44 ❑Certified Maf Restricted Detvery ❑Return Rel Receipt for 0 Collect on Delivery e - _ n rt.u..•.....mu,.erg Restricted Delivery O Signature ConfinnatfonTM 2. A —'� _..�__ �.__ _— 0 Signature Contkrnetion 7022 0 410 0000 41299 5986 striated Delivery Restricted Delivery - 1 (OM youu) t PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER;COMPLETE THIS SECTION CC!41PLETI_T,IIS SECTION ON DEI IVERY IN Complete items 1,2,and 3. Br ❑Agent • Print your name and address on the reverse El Addressee so that we can return the card to you. • Attach this card to the back of the maliplece, A. lg.!,' b (Pri • : r•) a •t r v:ry or on the front If space permits. ( �` 1. Article Addressed to: D. le delivery address different from item 1? In Ye 1 if YES,enter delivery address below: d No CkV.I S etel e-C PA r v....ey, e(3 66x, L loL) 3. Service Type ❑Prbrlty Mall Fxpressee 111111111 IIN IIIIII IIIINIlll{lIIIIIIIIIIII aiSignature gntRestricted Delivery' CI 1oetoMall Restrc ted 0 Certified r ___959Q_940.2 5405 9189 0609 53 0 Certified Mal Restricted Delivery o Return Receipt for o Collect_on Delivery MAC' • 7022 0410 0000 4299 599 -eiNey Restricted OelNay UwgneNrsase mrotl0n^' 2. Ll Signature Conformation -- Restricted Deifusry Restricted Delivery I_(over S500) l PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 'r:17:PfkVF_ ON `NO.WNIW-1IM WOO =H 07 2023 OZOZ C 0 Ndf nc [ -4HD CITY Ci Al 31 1/9/23, 11:19AM USPS.com®-USPS Tracking®Results USPS Tracking® 1=Aas > honk Baca e5 Tracking Number: Remove X 70220410000042995986 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 1:34 pm on October 24, 2022 in CORNELIUS, NC 28031. 1-1 Get More Out of USPS Tracking: USPS Tracking Plus® a ,v Delivered Delivered, Left with Individual RECEIVED CORNELIUS, NC 28031 October 24, 2022, 1:34 pm JAN 0 9 2023 See All Tracking History DCM WILMINGTON, NC Text & Email Updates u USPS Tracking Plus® u Product Information u See Less /\ Track Another Package Enter tracking or barcode numbers https://tools.uses.com/go/TrackConfirmAction7tRef=fullpageStLc=381ext26777=8tLabets=70220410000042995966%2C%2C8tABt=false 1/2 ti ADJACENT RIPARIAN PROPERTY OWNER STATEMENT . :- 1 hereby certify that I own property adjacent to Marvin McCombs u �! R (Name of Property Owner) �. property located at 3 Auditorium Circle,Wrightsville Beach (Address,Lot,Block,Road,eta) tl. ' on Banks Channel ,in Wrightsville Beach.New Hanover County N.C. LL c; ' ii (Waterbody) (City/Town and/or County) a IC The applicant has described to me,as shown below,the development proposed at the above location. �" (/ I have no objection to this proposal, �V1 I have objections to this proposal. • DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT — - (/ndiv/dual proposing development must till in d setiW on below or attach a site d►awing) Kh New dock and bulkhead 4 . WAIVER SECTION { I understand that a pier,dock,mooring pilings,boat ramp,breakwater,boathouse,Fit,or groin must be set back 1 a minimum distance of 15'from my area of npanan access unless waived by me. (If you wish to waive the it setback,you must initial the appropriate blank below.) I do wish to waive the 15'setback requirement. • q.l.y I do act wish to waive the 15'setback requirement (Property Owner Information) - _ (Ad 'Property_Owner tnfoonatiort)' Signature Sr Rick Penny for Marvin McCombs G‘Go6 Print or Type Name Print or Type ame 117 Slingshot Rd 16407; Ptv ivwSttfla Covt.l Marling Address Mailing Address z Statesville,NC 2t3677 '06rwf.rbt5 ‘Lc, abo3 City/Stele/Zip City 704-073-7563 Telephone Number/emeN address Telephone Number/email address RECEIVED 10/17/22 a ,r[o5..... Darr °air' io-A.6-3a. V (RevisedJAN 0 9 2023 Aug 2ors1 . 'Valid for one calendar year after signature' - • DCM WILMINGTON, NC l r4. x, ' c �r 3 Auditorium Circle, Wrightsville Beach' �°"" • `4 _e .. . •e. ���.: 91 - , Z.A.g \�.. CD 4t •r'A 1.� 6. •. ` ,. . •3, . (- - ::, ' l .-`' ,., .,... _. , ...,,,,,, ,_,. •,,,,,,,:„..,:,/ :„,.... . t.„ 0/,6,:„.,..., ..1 ''.., . '74%\' °* i 's '...,4s./ or .....' * . :7./, -. ,..i..,. - ., ''''*-_ - .4t .....,,,, % ... .... - ... • Iti,, 1`1' :,ram/ --,..?,Ns..:' � •.►. ri '‘. - '''..../ • "'" • ''4 O II „Iloilo% '" � ~+age '*f:. 0,.. �. . -..-., 4:44Ple P° ,- -I, 1 •./.„, . , . „ .....,.....,,,, .‘ $.......,., _. _ . - • .• • • -,,,,..,•} -,•it''''''.7'1—' NI11‘.4it. / • N Google Earth `•• • • . 200 ft Book 6577 Page 809 BK: RB 6577 PG: 809 -811 NC FEE S26 CO RECORDED 2022024670 o�iot�zozz NEW HANOVER COUNTY, REAL ESTATE tt:01:68AM TAMMYTHEUSCHPNER REGISTER OF DEEDS EXTX 510700.00 BY:ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA Tax ID No.: R06308-027-005-000 COUNTY OF NEW HANOVER REVENUE STAMPS: $10, 700. 00 This property was the Grantor's primary residence. Property Taxes are paid thru 1,61A . Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. WARRANTY DEED THIS DEED, made this Pit" day of JUNE, 2022, by JOHN ANDERSON TAYLOR, JR., of 3239 PENNINGTON LANE, WINSTON-SALEM, NC 27106, and wife, ROBIN REAVIS TAYLOR,of 6052 CEDAR RIDGE DRIVE, WILMINGTON,NC 28405, GRANTOR, to THREE AUDITORIUM CIRCLE,LLC, a North Carolina Limited Liability Company,of 1 1 7 SLINGSHOT ROAD, STATESVJLNC 28677, GRANTEE; RECEIVED WITNESSETH: JAN � 9 2023 DCM WILMINGTON, NC That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: BEING ALL OF LOT 14 OF THE AUDITORIUM TRACT, SHORE ACRES, WRIGHHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA, AS THE SAME IS SHOWN ON A PLAT BY LEWIS L. MERRITT, DATED JULY 19, 1940 AND RECORDED IN BOOK 290 PAGE 597 OF THE NEW HANOVER COUNTY REGISTRY, TO WHICH PLAT REFERENCE IS MADE FOR A MORE PARTICULAR DESCRIPTION. TOGETHER WITH ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN AND TO f 0 7 20Z3 THE DOCKS, PIERS AND BOAT SLIPS APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. CIMf-MHO submitted electronically by "7.c. Hearne. II, Attorney at Law" 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 6577 Page 810 TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the 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: (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. 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. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. JOHN ANDERSON T OR,JR. STATE OF No (.Pl O V'1 COUNTY OF NU-Ai \'IKhc)‘'1" I, v‘\QAMttt , a Notary Public of the County of PJ(,W insue4' and State aforesaid, do hereby certify that JOHN ANDERSON TAYLOR, JR. personally came before me this day and acknowledged the execution of the foregoing instrument. F�''�FI1 (.a Witness my hand and official seal,this 1 'day of JUNE.2022. � ''�� FEE u 7 �'_�23 11 ROTARYY PUBLIC ,p,NB My Commission Expires: (Notarial Seal) '�0 1/ 1/120-V RECEIVFI JAN 0 9 202 `,, 1, �B • ;/ C)CM WILMIN(TON. NC Book 6577 Page 811 L) ROBIN RE IS TAYL STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �l f a Notary Public of the County of NEW HANOVER and State aforesaid, do hereby ce/t Neal, ify that ROBIN REAVIS TAYLOR,personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal,this 15_day of JUNE,2022. NOTAR PUBLIC My Commission Expires: (Notarial Seal) �OTq,Q ‘•,' AUB L I C - G RECEIVED JAN 0 9 2023 DCM WILMINGTON, NC F E B 0 7 2023 rIG t-ttOt!j `y °'`°4 4CAMA rv1DREDGE & FILL N�� 8/�'84 A B C DO 4 GENERAL PERMIT Previous permit t�/ADate previous permit issued N1A r New ❑Modification ❑Complete Reissue Li Partial Reissue As authorized by the State of North Carolina.Department of Environmental Quality and the Co tal Resources Commission in an area of environmental concern pursuant to: I5A NCAC CA H . 1 I 0 0 El Rules attached. [ General Permit Rules available at the following link:www,deq.nc.gov/CAMAMes 1 Applicant Name 1 `I • Authorized Agent_ t Cha red-Penn Address 3_A M itq a uGG Project Location(County): New Harlot/et-- City Lie State NC ZIP "160 Street Address/State Road/Lot#(s) StraP LU Mal(111 Phone#( i ) aqr - 5►17,Email__bmcr_om b5 @ m_ccombs's+Pe( •GOn'1 Subdivislon N A City_ 5&fl ZIP same 1/� /t n/� r Affected Li. EW PTA [S U PTS Adj.Wtr.Body n 11.II.� Lir on e f -(nat/e!a unk) AEC(s): u OEA IHA L UW SPIMA PWS Closest Maj.Wtr.Body A/L(dale SOUnCL ORW:yes/0 PNA:yes/0 Type of Project/Activity Ill 5 to I I (1eW h l) 1 i<h e1lcl if()Q,ti-et'LO rCi o f e X t. 11 . S ) tJ( t —7,I (Sca e:l t=3d) Shoreline Length t" Access Length M,Ft ` (�, \1/ C y� ^ n 1 I / >i Pier(dock)length ( I (�J y�J I v 1\/ l�l ."0 Fixed Platform(s) _ C\iZ H 07 20 Floating Platform(s) N Pt 23 Finger pier(s) N/A _ r+11!�_tt ,!)Gilt' Total Platform area N f A 4. 60ating RECEIVED Groin length/si iv/l t OS , 00\- Bulkhead/Riprap length '5,$ t C/ Avg distance offshore OZ.t �G`_, ,�(� V1�� ' JAN Q 20?3 Breakwater/sill tth 1 ra S lN" Max distance/length N/ / DCM WILMINGTON Basin,channel + NC Cubic yards Boat ramp / nb k` � Boathouse/Boatlift k"Beach Bulldozing� Other ✓8 l )C r�_p I d► ( L s // 1� / 3 -i-or�V. Ms Va ca f,on SAV observed: yes Ta C G l� L (r e N Prop (-4--t e a L.1_C. Moratorium: n/a yes 1 PI,, Site Photos: yes Riparian Waiver Attached: yes a A building permit/zoning permit may be required by: bt Vi\Ie 3P21,I4.- TAR/PAM/NEUSE/BUFFER(circle one) Permit Conditions Neu) but Sneac 510a 1_ eccl _ at ll,A)o exW_ar c o. - ex,&n. n,6, D See note on back regarding River Basin rules ElSee 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))( AV/ ) Digitally signed by X Richard L. ,y e1sflf Beach man AP�nt or_ elict' t PRINT D ryame„ Date:2022.11.08 P t ce s PRI ED Nam X /lJ ,� /�J Penny 15:37:07-05'00' Signature"Please read compliance star ent on back of permit" Signatu V-too.o0 5251-i- tl 2:072._ 311- I7_023 Application Fee(s) Check U n D/Money Order Issuiate Exp ration ate Beachman, Kelsey From: Beachman, Kelsey Sent: Thursday,January 19, 2023 2:18 PM To: rick@rpcmarine.com Cc: MacPherson, Tara Subject: RE: [External] J461, Major Permit, 3 Auditorium Circle Good afternoon Rick, The 108' floating dock will be considered access credit, which means that the square footage will not be included in the total allowable platform area for the docking facility. However, any potential mooring areas for vessels along the floating dock will be included in the total slip count. ADDITIONAL INFORMATION REQUIRED (2) PROJECT ADDRESS—3 Auditorium Circle,Wrightsville Beach, NC 28480 DCM received your CAMA Major Application request for the installation of a new floating dock, new gazebo, new floating swim platform, and new boat lift on 1-9-2023 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please provide the following: MP4 • 7 (c): Please correct waterbody width to match the site drawing(688 ft) Work Plats • Please correct any other application materials to be consistent with slip changes. • Please correct the"Sheet"numbers on both drawings, the cross section is labeled as Sheet 1 of 2 Other Required Information • Please provide a $250 check payable to NC DEQ for the application fee Other Questions & Comments • Has construction of the new, previously permitted, bulkhead been started or completed at this time? I will need this information for the bio report. Pre File Request • As a note,the 30-day review period for your DWR pre-file has yet to reach its deadline (1/23/2023),therefore your major application cannot be fully processed until this deadline passes and the application is considered complete by DCM. Thank you, Kelsey Kelsey Beachman RFCPIN+iD Field Representative NC Division of Coastal Management FEB 07 2023 Department of Environmental Quality Office: (910)796-7270 1 Beachman, Kelsey From: Beachman, Kelsey Sent: Tuesday,January 10, 2023 2:18 PM To: rick@rpcmarine.com Cc: MacPherson,Tara Subject: RE: [External]J461, Major Permit, 3 Auditorium Circle Good afternoon Rick, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS—3 Auditorium Circle,Wrightsville Beach,NC 28480 DCM received your CAMA Major Application request for the installation of a new floating dock,new gazebo, new floating swim platform,and new boat lift on 1-9-2023 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 • 4 (i): Please provide answer. MP4 • 7 (c): Please correct waterbody width.This should be measured from the bulkhead to bulkhead across Banks Channel. Adjust waterbody width on overhead drawing to match. Work Plats • All potential slips for the proposed docking facility need to be identified and labelled.There needs to be at least two proposed slips along the approximately 108' floating access dock,as the length of the structure would be able to accommodate multiple vessels along the northern side. Please correct any other application materials to be consistent with slip changes. • The slip on the proposed 8' x 14' floating dock and the proposed boat lift are both labelled as"Slip 3",please correct. • Please provide engineering scale on cross-section drawing that is in an increment of"10". This is a Major Permit application requirement. o Eg. 1"= 10', 1"=20', 1"=30' • Please correct the"Sheet" numbers on both drawings Other Required Information • Please provide a$250 check payable to NC DEQ for the application fee Other Questions & Comments • Has construction of the new,previously permitted,bulkhead been started or completed at this time?I will need this information for the bio report. Pre File Request • As a note,the 30-day review period for your DWR pre-file has yet to reach its deadline(1/23/2023),therefore your major application cannot be fully processed until this deadline passes and the application is considered complete by DCM. Thank you, i_EH Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office:(910)796-7270 kelsey.beachman@ncdenr.gov 127 Cardinal Drive Ext. Wilmington,NC 28405 Find a Field Rep (arcgis.com) D_ 94 Erna,'conespondenCe to and horn etas add,ess,s subject to the North C a.oenn Public Records Law and may be dsctosed So Our()O.s Ves From: rick@rpcmarine.com <rick@rpcmarine.com> Sent: Saturday,January 7, 2023 5:20 PM To: Beachman, Kelsey<kelsey.beachman@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: (External]1461, Major Permit, 3 Auditorium Circle 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 03 Auditorium Circle,Wrightsville Beach, NC 28480. You visited this site with Tara and I back in late October. The application was submitted via 401prefile on 23 December 2022. Please let me know if you have any questions or comments. Thank you and Happy New Year! Rick Penny, PE,GC RPC Marine (910) 352-1317 FEB 07 2 OGliftAI st €_;11 Y 1461 McCombs Major Pti rmit - Message(HTML) c' rid — File Message Help Acrobat r III I et < )Reply rt1 Drafts l II to i°J Mark Unread rwd rs, <<)Reply All To Manager (ej a /\ Delete Archive Move [�] lmmersive Translate A V —> Forward rib V ED Team Email y I Follow Up Delete Respond Quick Steps r Move Tags I i Editing language J461 McCombs Major Permit Richard Penny < ) Reply «) Reply All Fc RP To 401PreFile I 1461 McCombs,Major.R1.pdf -12 ILZ ." 471 KB Please find attached the major permit application for 3 Auditorium Circle,Wrightsville Beach,NC. Thank you, Rick Penny, PE,GC RPC Marine (910) 352-1317 RECEIVED JAN 0 9 2023 DCM WILMINGTON, NC FEB 0 7 • ! l�,ftiM�,'i1k aP_► 1 ; Y ❑ X Zoom Zoom award ?3/2022 7:50 PM RECEIVED JAN 0 9 2021 DCM WILMINGTON, NC ?4 GF fir. © FEB 0 7 202 d STATE o. it ,A ROY COOPER '4 £ ca 5 Governor ELIZABETH S.BISER *4*(cu.,;00, Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality February 7, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT: CAMA Applicant: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five (5)formalized boat slips. 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 March 3, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE Q1,4)) North CarolinaDeparent of Environmental QualityI Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 uro+�k^A m Fn„ nal OuNN oeh'i 910.796.7215 NC Division of Coastal Management AEC:ph (,{eta Inv 1-C Fee: S M D # 6-2N, Major Permit Application Computer Sheet CDAITS MHC cc Applicant: „,',`' ipQ— ,ptVC�VA-Vh om cAirte _LIS Agent/Contractor: nt„t" Gar 1\ri 33(NStI )C1± 0 Project Site County: l�'r ,�,. . 1 1 l ,r, ,�v .- 1�LLL1,.� Staff: �,� ��vea District: Wilmington Project Name: c 1, 06calf_C Rover File.n/a River Basin i„k Initial date of application subX � miitttal. "`ttt Ty-) Z23 W Date application "received as complete"in the Field office: 2. J.Z r 20 Z'3 Permit Authorization: KCAMA ❑ Dredge&Fill❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes po PNA: ❑YesXNo Photos Taken: Yes❑ Noa, Setback Required (riparian): ❑Yes XNo Critical Habitat:❑Yes)31No ❑Not Sure 15 foot waiver obtained: ❑Yes']-No Hazard Notification Returned: ❑Yes IgZio SAV: ❑Yes,No ❑Not Sure Shell Bottom: ❑Yes ;KNo ['Not Temporary Impacts: ►4:: -- ditto Sure Sandbags: ❑Yes .No ❑ Not Sure Did the land use classification come Mitigation Required(optional): from county LUP:IjYes ,f$[No ❑Yeslo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline. ❑YesANo ❑NA ❑Yes �No❑NA 5'p FT. I Shellfish Area Designation: Project Description: (code) Development Area. (code)`-�Open -or lose. ? - 02 BcxfS SECONDARY WATER CLASSIFICATION—OPTIONAL(choose MAX of 4) ❑ Future Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) 1 ❑ Swamp Waters(SW) ❑ High Quality Waters(HQW) ❑ Outstanding Resource Waters(ORW) I WETLANDS IMPACTED ❑ (404)Corp.of Engineers(Jurisdictional . ❑(LS) Sea lavender(Limonium sp.) ❑ (SS)Glasswort(Salicornia sp.) wetlands) ❑(CJ) Saw grass(Cladium jamaicense) ❑ (SA) Salt marsh cordgrass(Spartina ❑ (SY)Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS)Salt or spike grass(Distichlis ❑ (SC)Bullrush or three square(Scirpus ❑ (TY)Cattail(Typha sp.) spicata) sp.) El (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 I ❑III(D)Priv public or comm wl D&F to 1 , can be applied -$250 II acre,4144 can't be applied-$400 { 0 Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major 1 ❑ IV Any development involving D&F of permit-$100 permit -$250 I more than 1 acre -$475 ❑ Permit Transfer-$100 I ❑ III(B)Public or commercial w/D&F to 1 I ❑Express Permit-$2000 acre;4144 can be applied -$400 ❑ Major development extension request- I 0 II. Public or commercial/no dredge I PF(.FIvFD $100 I and/or fill -$400 i Private no dredge and/or fill -$250 I ❑ III(C) Priv public or comm w/D&F to 1 acre;4144 can be applied; DCM needs I ER 0 7 2023 DWQ agreement -$400 O{/ PA K4 y/ Applicant: 11011 Paa -'01'l urn C) `C, US_ . Date: 2-/--Z- (-13 Describe below the ACTIVITIES that have been applied for. AU values should match the dimension order,and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One — L I New Work Replace 1 4 i �0� Maint❑ ❑Y �N ES New Work IR Replace t 1 t"- t l Maint❑ ❑Y yf N I "PS l a NewMaint Work❑ s Replace ❑Y ®N Il./.0 l 1 P(� I New Work IN Replace I {I�, l Maint❑ ❑Y ( N (.0I l OS 1 1 New Work TA Replace t C l Maint❑ ❑Y M.N 17 -t yJC ` t 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 1 FINAL Feet (Applied for. (Anticipated final (Applied for ! (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance_ HabitatName Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or I restoration or and/or temp restoration or temp impact 1 tempp iimppactts) impact amount) temp impacts) amount) W I Dredge❑ Fill❑ Both ❑ 1 Other S , r w 140 r 0-3Cp Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both ❑ Other ❑ Dredge 0 Fill 0 Both ❑ Other ❑ Dredge 0 Fill 0 Both 0 Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill 0 Both 0 Other ❑ PFd°';PIVPP? Dredge❑ Fill❑ Both 0 Other ❑ Ockft_hdtpliti ( Ty 919-733-2293 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 02.26i18 Major Permit Fee Schedule • Project Name: County: Cb ck No &Amount: -5 ..pwa;-k-or; Ne.A-J ZSo. o0 c,tc-cic ‘a kAanowex- Chec o- 7}3C0 • • Development Type F DCM % DWQ (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial develop nt that does not involve the filling or 250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development th does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: Ill 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: — — :/4 PCIN'/ _— — BANKS Ct1ANNEL E4 •o PIER HEALTT'_IN. Efi I -- I I R'%!.'12I2 SKI } rI_ i I 1 y -_ 1 1 O ER. hIL LNG DOCK. i---------.0013•10.1 U2CiC. K TO vKK •.6'K1o0' -- L Br Rr 0 I s GAZCI= It I I i f 1 --:- -If- 8....-Inv 1. 1:1 $ c e 4 i �12 I jSVIM, ATrOi j/ I 61(74.114 fry v D I = 1 r.'°• ! � I P. 11= I I - 1. 1 ; a I T I COVE 1 PL.'f7ir' L'Ri2'VIER/ I=— .I —_ Rory •6,12 ' Sr VALKVAY _+I S.F—r �aa E ids ;d$ tz Li r. F Y A r SO'GANA UNE I I I I I 11 O8 1 PROPOSED DOCK CALUCLATIONS ALLOWED.50,1'WATERFRONT X S-401 SF COVERED PLATFORM.204 SF FLOATING DOCK.t I2.114-196 SF TOTAL PROPOSED 400 SF PROPERTY IDENTIFICATION PID:R0630%,27a03-00 \ LOT 14.AUDITORIUM TRACT.SHORE ACRES ACREAGE:0.23 ZONING SETBACKS R-1 ZONE FRONT: IS.SIDE:7.S ` REAR:3Y CAMA V m ,n li;r w :7 :1f X -3 n +� ..J .,► SITE n y Z 74/V SALISBURY ST "4,4y AP MOM s10ET01 ROr ID DOME • • 0. SITE t3ENChiMARK SURVEY NAIL ELEVATION =5.89'NAND 88 �\ AUDITORIUM CIRCLE 1" �. r SCALE IN FEET O n X* DAa•-It7I) 3 =�'` F m 0 O = y ! m m 3 Sheet Description No. Date Revision Description By n� a ��'� O co - rn rn o,, SITE �L�N 0. R v . O— Z n w rn p :2/07/22 DRArT ISSLE RLn eD to O. (7, 3 mT •y)o g 2„,c EL / a > CD m Z O ;T) m Z C7/ 2 LAMA ISSUE Rl° �. ID o> w Z o r 2 1/19/27 REv:SEL NOTES THRCUGHOUT RLD v 0 0 m$ r I. •, M :I n m Project Address �8� � -'- 0 Lit 0 t3 co z MCCuNBS Q3 $ �,� o Z w°�" 3 AUBI ERIUM :iRCLE ny.o a cr Z WRIGHTSVILLE 3EACr , N.. • = � oo n 0 0 m• co U) n a a >. J J J CO tY Cr oc u U U K c = O ,- p N W N 11 0 d 1 W 2 D N y p C _3 - NW r Q = 5 Q' " tj K cJ cJ N m .s alN wriin P RI , o O N Z EXISTING SEAWALL,7.0 12'x 16' FLOATING DOCK 4'x 18'RAM' AZEBO WITH ROOF t r4111 Ail- 11.1 "� I I --_-- ■ 1 __J L_.l L_._J J J I___ ]l -1 1 J J L_J L_J L__J L-- -- -- W v 1 Z __J v)— - — : co i I -jj I -I ll" JI t1- a ra I- I 1 Lt ii y 1 i _ i �� -1 -1'_r II=11 I-II I o , 8iJ_, saa0 11011;I1 Ili= C n: - I r—in1= _ll r &_--1111 I- Ir I-=110ll.=1 =11 1== -11 n=u=n= 11=11 U=JIi: 1` 1 71 i11 11 I Ec =11A .-Jf. II(�y - -I I ell : If. I -n I J �il��� J11= �1A�_[- =II Il'�I'1= '�f71p t e �., 1.414Ir=tl .114. n- -n- 1-Q-1141 .11 ll 1= n DI-=. -l1-Il: raLl 1CIl=n�=u 11-n-nl e.4 - 11=J =tr - -ll . I N C 11. i , g u-II 1 -" 1 - -Q ll= ' 1' L I -Q-If i 1 = = u' ' = Li.= .1L= B .. _ -, ,- 11= III ��� 11 tiortIl uli 1-11 1- 1=1 I u I. I Q=11�I. II f 11 JE=An :1. 1=11 It II11,0 IL -111-1 .11 I kt- 1.=1 -II I Richard L. Penny - Z= . 111 1t. 11-n. 11I= ` LI I III: l 11-'n 1t T �11 11. lL=IG--11-n II ,n II-A, 11. 11=71 n-11011=1 1L 11011-'11 .II�7I=L 1= 1110n 11. ;110 - , = 133 SOUND VIEW DRUC=01Illy- Il 1 I I- u _ -1 II- I -D; Il Q� f-I Q Q71I I Ili=Z7TLfI�=Q ll -� il_I iH= - I`L--11 i Hampstead,VI WDRL-n- -�111=111 1 n j�-n I�_ . =- - �� 1 —I 411 II. II 41—I 11711-n=n�-u..4 71 n-n=11-. n�a- -1141I J1.4M IaII I-a a- -1uu= • iTe 1 kugu� -�u* II Q Q -h .II. II Il 11i= I- _ 91=11- I = -n - 11 II II II .111=J1= 1111=:�n_ 10 . 11=7 l= IC It=0 = I= -I= 1=11=1= d- - n= 910 352-1317 I1' �j_ill I=11=I - - - - - _ - in - f- -- =1-II. Q=I�t=Il=. 1 Q=n-u -u-II ,o=in. u017=I Q 1-- = I - = 1 1=I.- Q.n= - 1'=11011° :II.11-1 11011011..II.1 Lz 1 ICi_I' II n�ll��t= HI I � u :u a _1o11-n-i 11-1 - ,��71': 1-Li1. �1 n. 11 ILp0110I n L=zn-_ - 1=ne=n upu-n ni=71 F ivy I. •110 L 1011 11011 �L=JI1=_ u I- 1 , - . -iI .11 a W�Er n.11 uII rag- - I'-_: Il,h n.,,11 1 -�1* .I 1'1MI ail a II a 1:.11CQ=1L- - 1=11 u.1���1J Jl ll �1L�I -n�-un�-n.-�Ic-u , Inn n,�n;r n FEB 0 2 2023 1) M WILMINGTON, NC FEB 07 2023 Scale Sheet No. File No. 2o(P J4E,1 (L... PROPRIETARY AND CONFIDENTIAL f') The information contained in this V drawing is the sole property of Richard Penny. Any reproduction in part or whole without the written permission of Richard Penny is prohibited.