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HomeMy WebLinkAbout73-23 Burris, James Permit Class Permit Number NEW 73-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission IPermit 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 James Burris, 805 Ram biol.ood Lane, Wilmington,NC 28411 Authorizing development in New Hanover County at adj. to Pages Creek, at 756 Arjean Drive, in Wilmington , as requested in the permittee's application dated 12/12/22 (MP-1, MP-4), including work plan drawings (3) Sheets 1, 3 of 3 dated 12/12/22, and Sheet 2 of 3 dated 2/10/23. This permit, issued on June 30,2023 , 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 civil or criminal penalties; or may cause the permit to be null and void. Docking Facility Expansion 1) This permit authorizes only the two boatlifts, 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 2 additional formalized boat slips for 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. f , 76"4"-(-6-1 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 June 30,2028 This permit and its conditions are hereby accepted. In issuing this pennit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee James Burris Permit No. 73-23 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) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 7) No portion of the authorized docking facility expansion shall extend beyond the waterward most portion of the existing docking facility. Sedimentation and Erosion Control 8) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) 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 10) 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. 11) 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. 12) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2023-00689). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 19870038v2. a000aecacaeao�s�cQs.eaaaoo�o-a400-o-o.ow-00000ac000sao�000aacoopoa�0000ec�ozoacaa��ocooaa��aaoaaaacaac00000sa7aeoonco:caoa�00000aoaa000ac�aooaao�ax:oz��o�ooeoo�cccoc�aea James Burris Permit No. 73-23 Page 3 of 3 ADDITIONAL CONDITIONS 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. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00689 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: James Burris Address: 805 Ramblewood Ln Wilmington NC, 28411 Telephone Number: (910) 443-3741 Size (acres) Nearest Town Wilmington Nearest Waterway Pages Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.27505. Longitude: -77.772183 Location description: Project area is an undeveloped lot (1.3 ac) located at 756 Arjean Drive, Wilmington, New Hanover County. Existing 3-slip private docking facility is located in Pages Creek. Description of projects area and activity: Project area includes intertidal coastal wetlands and shallow estuarine waters of Pages Creek. Proposal to construct 2-12x12 uncovered boat lifts, located at the north and south ends of the existing floating dock. Total docking facility square footage equals 798 sq ft. 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); [71 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.qov/nc-es/mammal/manatee guidelines. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated December 12, 2022 and February 10, 2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case- by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.CurreyAusace.army.mil. CURREY.GREGORY.EUGE Digitally signed by Corps Regulatory Official: Date 20.23 0530 1415 4NE4'00' 950 Date: May 30, 2023 NE.1051011950 Date:2023.05301425:46-04'W' 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/ Copy furnished by email: Trip Pippin (Pippin Marine Construction) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Kelsie Beachman (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2023-00689 County: New Hanover County Permittee: James Burris Project Name: Jimmy Burris/756 Arjean Dr/ Wilmington Date Verification Issued: May 30, 2023 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date r i I 4 i 4..-'.--*-.-1-:-..t----.' , I I :r I .1, f • 1. I. 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DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1,2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to perform work in or affecting navigable waters of the U.S. and waters of the U.S.,upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403),and Section 404 of the Clean Water Act(33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS, DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with the following standards in order to be authorized by this RGP. 1. All piers, docks,boathouses, and boat shelters will be pile-supported or floating structures. 2. Pilings, dolphins,jetties, and breakwater structures may be constructed of wood,metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete, or rock riprap. 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize dredging or excavation, or the discharge of dredged, excavated, or fill material within waters of the U.S., except for the placement of structures for jetty,breakwater, or groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions will be used for purposes of this RGP: a. Mean high water mark(MHWM): The line on the shore, in tidal water, reached by the plane of the mean (average)high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum,preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline,which is determined by reference to physical markings, lines of vegetation,may be used for the purpose of this permit. b. Ordinary High Water Mark(OHWM): The line on the shore, in non-tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must submit the information described in General Condition"y" and obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Floating structures installed within the Federally Authorized Channel Setback must be designed to be removable. No utilities or infrastructure shall be permanently fixed/attached to floating structures located within the Federally Authorized Channel Setback. The Permittee must submit the information described in General Condition"y" and obtain approval from the Wilmington District Corps of Engineers (Corps)prior to the construction of any structures within the Federally Authorized Channel Setback. c. This RGP does not authorize construction across or into any natural or manmade channel or waterbody in any manner that may adversely affect navigation by the general public. d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be extended or be located up to 400 feet waterward of the Mean High Water Mark (MHWM) elevation contour(tidal areas), or the Ordinary High Water Mark(OHWM) elevation contour(non-tidal areas), or one-third (1/3)the width of a waterbody, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. e. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing,that a greater width is necessary for safe use,to improve public access, or to support a water dependent use that cannot otherwise occur. f. The total square footage of shaded impact for docks and mooring facilities (excluding the pier)allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact,uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility (excluding the pier) authorized by this RGP shall not exceed 400 square feet unless the Corps determines, in writing,that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. h. Boathouses,boatlifts,boat shelters and will not be constructed over Federally jurisdictional wetlands. i. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. j. Groins,jetties, or breakwater structures shall not be constructed in wetlands, seagrasses, and other submerged aquatic vegetation. k. Piers and docking facilities located over submerged aquatic vegetation may be constructed without prior consultation from the National Marine Fisheries Service if the following two conditions are met: 1) Water depth at the docking facility location is equal to or greater than two feet at mean low water level: and 2) The pier and docking facility are located to minimize the area of submerged aquatic vegetation under the structure. 1. Floating piers and docking facilities located over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and the substrate is at least 18 inches at mean low water level. m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas), or the OHWM elevation contours. n. This RGP does not authorize the installation of fueling facilities on authorized structures. o. Riprap groins shall not exceed a base width of 10 feet. p. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. q. No groin shall extend more than 25 feet waterward of the mean high water or normal water level elevation contour. r. Groins and jetties shall not be located within primary nursery areas. s. No jetty shall be constructed during the period between April 1 and September 30 unless the activity is approved by NCDMF and the NMFS. t. Floating structures will be supported by material that will not become waterlogged or sink when punctured,will be installed to provide for fluctuations in water elevation,will be designed so that the structure will not rest on the bottom of the waterbody at any time, and will be secured in such manner as to not break away. u. Breakwater structures will be no longer than 500 feet. They will have a minimum of one-inch openings between standard width(6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. v. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. w. It is possible that the authorized structure may be damaged by wave wash from passing vessels. The issuance of this permit does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the US liable for any such damage. x. This RGP does not authorize habitable structures or any structure or associated facility for non-water related use. y. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the US for the operation,maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW),will be removed at the expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers acting on behalf of the US,the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. z. This RGP does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). aa. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act(CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart"C"of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this RGP or any Corps approved modification to this RGP,no excavation, fill or mechanized land-clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. d. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will 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 for a reason other than safety. f. The Permittee understands and agrees that, if future operations by the US require the removal,relocation,or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the Permittee will be required,upon due notice from the Corps of Engineers,to remove,relocate, or alter the structural work or obstructions caused thereby, without expense to the US. No claim shall be made against the US on account of any such removal or alteration. g. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the US and in such time and manner as the Secretary of the Army or his/her authorized representative may direct,restore the affected water of the US to its former conditions. h. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408),no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,injure, or obstruct a federally constructed work or project, including,but not limited to,levees, dams,jetties,navigation channels,borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. The Permittee must submit the information described in General Condition"y" and obtain approval from the Wilmington District Engineer prior to the initiation of any activity that has the potential to modify or conflict with a federally authorized project. i. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington,North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. j. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. k. This RGP does not grant any property rights or exclusive privileges. 1. This RGP does not authorize any injury to the property or rights of others. m. This RGP does not authorize the interference with any existing or proposed federal project. n. In issuing this RGP,the Federal Government does not assume any liability for the following: (1)Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the US in the public interest. (3)Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. (4)Design or construction deficiencies associated with the permitted work (5)Damage claims associated with any future modification, suspension, or revocation of this RGP. o. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5)years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the US Government. p. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or"study river" (e.g.,National Park Service, U.S. Forest Service, etc.) q. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection,Research and Sanctuaries Act of 1972,unless the Permittee provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. r. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992,the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act,the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. Permittees must submit the information described in General Condition"y"to the Corps if any properties subject to the above criteria may be affected by the proposed project. The Permittee may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. s. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal,tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. t. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any RGP which"may affect"a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed*. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices,the USFWS field offices or at the following web addresses: http://www.fws.gov/or http://www.fws.gov/ipac/or http://www.noaa.gov/fisheries.html. Permittees must submit the information described in General Condition"y"to the Corps if any listed species or designated critical habitat may be affected by the proposed project. Permittees may not begin work until notified by the Wilmington District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. *Note- Section 7 consultation has been completed for the West Indian Manatee and if the activity may affect the manatee, the Permittee does not have to submit the information in General Condition"y"to the District Engineer as long the Permittee complies with General Condition"u". Section 7 consultation has been completed for the Northern long-eared bat and the Permittee must submit the information described in General Condition"y"to the District Engineer prior to commencing the activity if the project meets the criteria in General Condition"v". u. In order to further protect the endangered West Indian Manatee (Trichechus manatus),the Permittee must implement the USFWS' Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. v. The Wilmington District,U.S. Army Corps of Engineers (Corps)has consulted with the US Fish and Wildlife Service(Service) in regard to the threatened Northern long-eared bat(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered Species (SLOPES) have been approved by the Corps and the Service. This condition concerns effects to the NLEB only and does not address effects to other federally listed species and/or to federally-designated critical habitat. A. Procedures when the Corps is the lead federal* agency for a project: The Permittee must comply with(1) and(2) below when: • The project is located in the western 41 counties of North Carolina,to include non-federal aid North Carolina Department of Transportation (NCDOT)projects, OR; • The project is located in the 59 eastern counties of North Carolina and is a non-NCDOT project. *Generally, if a project is located on private property or on non-federal land, and the project is not being funded by a federal entity,the Corps will be the lead federal agency due to the requirement to obtain Department of the Army authorization to impact waters of the U.S. If the project is located on federal land, contact the Corps to determine the lead federal agency. (1)A Permittee using a RGP must check to see if their project is located in the range of the NLEB by using the following website: http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project is within the range of the NLEB, or if the project includes percussive activities (e.g., blasting,pile driving, etc.),the Permittee is then required to check the appropriate website in the paragraph below to discover if their project: • Is located in a 12-digit Hydrologic Unit Code area("red HUC" - shown as red areas on the map), AND/OR; • Involves percussive activities within 0.25 mile of a red HUC. Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological Services Field Office), check the project location against the electronic maps found at: http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office), check the project location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB_RFO.html. (2)A Permittee must submit a pre-construction notification(PCN)to the district engineer, and receive written authorization from the district engineer,prior to commencing the activity, if the activity will involve either of the following: • Tree clearing/removal, construction/installation of wind turbines in a red HUC, AND/OR; • Bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, (applies anywhere in the range of the NLEB),AND/OR: • Percussive activities in a red HUC, or within 0.25 mile of a red HUC. The Permittee may proceed with the activity without submitting a PCN to either the Corps or the USFWS,provided the activity complies with all applicable RGP terms and general and special conditions, and if the Permittee's review under A.(1) and A.(2) above shows that the project is: • Located outside of a red HUC (and there are no percussive activities), and the activity will NOT include bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, OR; • Located outside of a red HUC and there are percussive activities, but the percussive activities will not occur within 0.25-mile of a red HUC boundary, and the activity will NOT include bridge removal or maintenance, unless the bridge has been inspected and there is no evidence of bat use, OR; • Located in a red HUC,but the activity will NOT include tree clearing/removal; construction/installation of wind turbines; bridge removal or maintenance,unless the bridge has been inspected and there is no evidence of bat use, and/or;any percussive activities. B. Procedures when the Corps is not the lead federal agency: For projects where another federal agency is the lead federal agency - if that other federal agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB, and has (1) determined that the project would not cause prohibited incidental take of the NLEB, and(2) completed coordination/consultation that is required by the Service (per the directions on the respective Service office's website),that project may proceed without notification to either the Corps or the Service, provided all RGP general and special conditions are met. The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/ESA/. Permittees who do not have interne access may contact the Corps at(910) 251-4633. w. The Wilmington District,USFWS,NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion(PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with"incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PBOs),which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO,where a take of the federally listed species occurs,would constitute an unauthorized take by the permittee, and would also constitute permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. All PBOs can be found on our website at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency- Coordination/ESA/ x. If the Permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction,the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. y. For activities that require approval from the Corps prior to initiating any work,the Permittee must submit the following information to the appropriate Corps Regulatory Field Office. You may apply online at https://edocs.deq,nc.gov/Forms/Pre- Construction Notification Form. 1. Name, address, email and/or telephone number of the prospective Permittee. 2. Location of the proposed project, including waterbody, nearest community, and county. 3. A detailed description of the proposed project, including applicable project details such as width,height, length of structures or fills,piling span, distance from the shoreline, type of materials, location of structure(s), and the amount of proposed impact to waters and/or wetlands. The description must be sufficiently detailed to allow the Wilmington District Engineer to determine that the adverse effect of the project will be minimal and to determine the need for compensatory mitigation. Project drawings must be provided when necessary to show that the activity complies with the terms of the RGP. (Drawings usually clarify the project and when provided results in a quicker decision. Drawings must contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan),but do not need to be detailed engineering plans). z. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill,within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. aa. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at(910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. bb. The Permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. cc. At his sole discretion, any time during the processing cycle,the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case,the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. ee. Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ami . Be ett Colonel,U.S. Army District Commander DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Jimmy Burris COUNTY: New Hanover PROJECT NAME: Burris Docking Facility LOCATION OF PROJECT: 756 Arjean Dr., ad) to Pages Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-28-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #6199 APPLICATION ASSIGNED TO:Luck PUBLIC NOTICE REC'D: 3-31-23 END OF NOTICE DATE: 4-21-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 6-7-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 3-28-23 STATE DUE DATE: 4-21-23 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM—Field Rep `.S)Z- x (pw, DCM—LUP Consistency Determination 6t Z`3 A (jv14 Local Permit Officer �/[Z$ ?( tl 0 CoAriA _ Corps of Engineers—Regulatory Branch 5/ , X GP ) 702-5-dd 6ge1 DWR—401 Section �j'l e‘ Wlt I qS j34`v2 DWR—Public Water Supply 5//5 X CON le..te DEMLR—Stormwater DEMLR—Sed and Erosion I{,� /Z° Cov.S,,}x"A— DOA—State Property Office Wildlife Resources Commission 3J't e1 n OCOvv vv DMF—Shellfish Section 9/5— hp DMF—Habitat& Enhancement CA3 �( ,"0 c Mev,'X DNCR—Archives&History 5)4 Flo Cbm DNCR—Natural Heritage Program NCDOT NC Dept of Commerce 3)2g x l no N DCM Coordinator: Cameron Luck County: ,�} � Permit#: `'O V WIRO E-MAIL DISTRIBUTION SHEET Circle on : Bio Re rt/ Permit for: �1 Vy O AV 7 ' Oversize Plans sent: DCM Offices: Morehead City: PT(if oversize)via Courier *cc Cam &Amanda on group email w/bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam &Amanda) Wilmington: Original hard-copy ONLY USACE& DWR(wiro) Split Sheet Fee Chart(No recommendations) USACE Wilmington: Pender& Carteret Co): PN, CL, Reports, Split Sheet use both ilmingtonNCREG@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 --1-11fliseyt,arrider-401 (PN/ON— Surf City): PN,CL, Reports, Split Sheet Div of Water Resources: /Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet roline Baker: PN, CL, Reports, SplitSheet vtvlichael Meilingpr(training with Holley—send all until further notice) Marine Fisheries: m Harding DCM Planner/WiRO: ✓Mike Christenbury— Cultural Resources: ✓Renee Gledhill-Earley Environmental.Review@ncdenr..1ov_ Natural Heritage Prog. ✓Rodney Butler— DCA-Rural Eco. Dev: ✓Lees�e Padrick—(Ipadrick( commerce.nc.gov) NC DOT: David Harris Wildlife Resources: adaria Dunn w/Reports State Property Office: 21m Walton: DEED tv1`ike Moser ✓Wanda Hilliard, Real Property Agent(Bio Reports only) Shellfish Sanitation: ✓Jeremy Humphrey (Bio)/Shannon Jenkins(Pt)u)k — drew Haines_ DEMLR: VC/hristine Hall -Stormwater Section �an Sams - Land Quality Section Public Water Supply: k-/Heidi Cox City of Wilmington: K thryn Thurston — Enforcement: Field Rep: - ° laGIV -ak- Co. LPO ✓ C C . NrIA '` a1`101 Agent: DISTRIBUTED: 12' \'i'Z? Updated 03-2023 CAMA/Shaun majors docs/e Agency List RECOMMENDATIONS FOR 756 Arjean Drive,Jimmy Burris,Trustee of the James R.Burris Revocable Trust 312712023 The addition of the two (2) proposed boat lifts to the existing docking facility would allow the facility to accommodate five (5) vessels. It appears that the project is consistent with the use standards set forth in NCAC 07H.0208(b)(6), including the width rule, the eight (8) square foot rule and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed structures would be located entirely over open water. This office has no objection to the proposed boat lifts, provided they are consistent with all other state and federal permitting requirements. Any permit issued should include the standard permit conditions. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. MEMORANDUM To: Cam Luck From: Michael Christenbury,Wilmington District Planner Subject: Consistency Determination,Major Permit Application,—Jimmy Burris, New Hanover County Date: June 23,2023 This project is consistent and not in conflict with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to install two new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure for a total of five (5) formalized boat slips. The project is located at 756 Arjean Drive, adjacent to Pages Creek New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA- HQW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2016 New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Cc: File RECEIVED JUN 2 3 202,E MP SECTION DCM MHD CITY s Os co, �y � r ROY COOPER ; Govemor , �, ;N" ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 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(ca�NCDENR.gov SUBJECT: CAMA Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 comments. RECEIVED PRINT NAME Mark Brown MAY 15 2023 AGENCY Public Water Supply MP SECTION DCM MHD CITY SIGNATURE p244- ater.v4. DATE 5/15/23 D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management vWilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 Npoleare a Evracanneld 0� /b' 910.796.7215 ""STATE°°iti_o, ROY COOPER Z-\, Governor r-e ELIZABETH S.BISER ,� Secretary RICHARD E.ROGERS,JIR. NORTH CAROLINA Director Environmental Quality May 19, 2023 DWR#19870038v2 New Hanover County James Burris 805 Ramblewood Lane Wilmington, NC 28411 Sent via email to: iimmy@lrburrisconstruction.com Subject: No Written Approval 756 Arjean Drive—Wilmington—Futch Creek USACE Action ID SAW#2023-00689 Dear Mr.Worden: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request received by this office on March 28, 2023, to install two (2) boatlifts at an existing docking facility to provide mooring for five (5) vessels. 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 #4501 (GC 4501, the impacts described in your application do not require written authorization to utilize GC 4501. However,you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal,state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 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. W1mington.North Carolina 28405-5406 NORTH CAROLINA 910.796.7215 om.t...tafmM...nwaenr� /� Burris-765 Arjean Dr DWR Project#19870038v2 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 One (1)copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact me at 910-796-7303 or hollev.snider@ncdenr.gov if you have any questions or concerns. Sincerely, fCa-aey steer Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources Enclosures: GC 4501 cc: Trip Pippin, consultant, trip( pippinmarine.com Gregg Bodnar& Cameron Luck, DCM Morehead City Office, EC DWR 401& Buffer Permitting Branch file-LF WiRO Q—\ NorthC Cdiarolinalna Department Wa of E. nvngton,ironmentalNorthCaroli Quality t28#05-5406 Division of Water Resources d•,) 127arve rrna TM D_E =maiE..J._ I o.\ 910.796.7215 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By CDocuSigned by: P61 CWIL 8FB19B849DD2478... for S. Daniel Smith Director Received: 4/11/2023 Historic Preservation Office47;;41 4 •; Due: 4/26/2023 ROY COOPER i��i c, Governor `,,e ER 23-0865 ELIZABETH S.BISER Secretary *yp �} BRAXTON DAVIS NORTH CAROLINA No Comment—SBA Director Environmental Quality 4/26/23 March 28, 2023 RECEIVED MEMORANDUM: MAY 0 4 2023 FROM: Cameron Luck,Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management MP SECTION 400 Commerce Avenue, Morehead City, NC 28557 DCM MHD CITY Fax: 252-247-3330 (Courier 11-12-09) cameron.lucke.NCDENR.gov SUBJECT: CAMA Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two(2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 AGENCY Historic Preservation Office SIGNATURE (`�'"`R`' L ��rC DATE 05/04/23 DE�.�_ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 +tea Iswircarnbl /4.4 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00689 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: James Burris Address: 805 Ramblewood Ln Wilmington NC, 28411 Telephone Number: (910) 443-3741 Size (acres) Nearest Town Wilmington Nearest Waterway Pages Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.27505. Longitude: -77.772183 Location description: Project area is an undeveloped lot (1.3 ac) located at 756 Arjean Drive, Wilmington, New Hanover County. Existing 3-slip private docking facility is located in Pages Creek. Description of projects area and activity: Project area includes intertidal coastal wetlands and shallow estuarine waters of Pages Creek. Proposal to construct 2-12x12 uncovered boat lifts, located at the north and south ends of the existing floating dock. Total docking facility square footage equals 798 sq ft. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to comcing any work on this project. nt CEA/ED Applicable Law: I Section 404 (Clean Water Act, 33 USC 1344); X Section 10 (Rivers and Harbors Act, 33 USC 403) MAY 3 02023 Authorization: Regional General Permit Number: 197800056 MP sEcrioN DCM MHD C rry 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. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated December 12, 2022 and February 10, 2023. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case- by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Curreyusace.army.mil. CURREY.GREGORY.EUGE(NitaIly,gned by CURREY.GREGORY.EUGENE.1051011950 Corps Regulatory Official: NE.1051011950 Date202305.30142546-0a00 Date: May 30, 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/ Copy furnished by email: Trip Pippin (Pippin Marine Construction) Cameron Luck (NC DCM) RECEIVED Amanda Cannon (NC DCM) Kelsie Beachman (NC DCM) MAY 3 02023 Holley Snider (NC DWR) DCM SECTION CITY Action ID Number: SAW-2023-00689 County: New Hanover County Permittee: James Burris Project Name: Jimmy Burris/756 Arlean Dr/ Wilmington Date Verification Issued: May 30, 2023 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED MAY 3 02023 MP SECTION DCM MHD C+ny ay V ROY COOPER 41. .• - 4 Governor *- ELIZABETH S.BISER .ft . Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 2023 RECEIVED MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator JUN 1 3 2023 NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 MP SECTION Fax: 252-247-3330 (Courier 11-12-09) DCM MHD CITY cameron.luck@NCDENR.gov SUBJECT: CAMA Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 Kimberlee Harding AGENCY NCDMF SIGNATURE Ka '� G?i2,G� DATE 06/13/2023 Q North Carolina Department of Environmental Quality I Division of Coastal Management D_E Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 e."i.t"wrr+.nn.++o-+a� / 910.796.7215 ru STNT> ''. ROY COOPER Governor ELIZABETH S.BISER `'.�¢, Secretory ":,r ,„Aa f,' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 2023 MEMORANDUM: C.23 03 2$ o 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.luckANCDENR.gov SUBJECT: CAMA Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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. RECEIVED PRINT NAME Man f. n n MAR 2 9 2023 AGENCY N(/412-C- MP SECTION DCM MHD CITY SIGNATURE 1 _'- � DATE 3-21-202.3 V D E North Carola Darnr Envonmel Quality Divio M Wilmington Office ep 1127tme Cardinal to Driveir Extension nta ! Wilmington.I isn of NorthCoastal Carolina 2&}OSanagement � � ros 910.796.7215 ROY COOPER i Governor ELIZABETH S.BISER Secretary •� oe BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 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: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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: xxx This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED PRINT NAME Christine Bouffard M.t- 2 S ;ir_ AGENCY New Hanover County MP SECTION DCM MHD CITY SIGNATURE �� g8Y1 � DATE March 28, 2023 1 North Carolina Department of Environmental Quality I Division of Coastal Management `77//JJ//� Wilmington Office 1127 Cardinal Drive Extension ( Wilmington.North Carolina 28405 w Inivearrattel r;\/"' 910.796.7215 2,, " ROY COOPER �4 ELILABE I H S.BISER Y BRAXTON DAVIS ;,y r:i.C_.AK(11.I PI,V{for F'nviranmuntal Quality March 28, 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"luckaNC DEN R"qov SUBJECT: CAMA Applicant: Jimmy Bums Project Location: 756 0 Dr., adf. to Pages Creek, W!mington, New Hanover County Proposed Project: The applicant proposes to install two(2)new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure for a total of five (5)formaiized 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 April 21, 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. Lee Padrick RECEIVED PRINT NAME NC Commerce MAR 2 8 20i 3 AGENCY ax MP SECTION 3-28-23 DCM MHD CITY SIGNATURE DATE 47- '.. r ROY COOPER • Governor ELIZABETH S.BISER ^t6 Secretary *�wwrvs� BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 2023 MEMORANDUM: FROM: Cameron Luck,Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 APR 0 5 2023 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov MP SECTION SUBJECT: CAMA DCM MHD CITY Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 Philip D'Angelis AGENCY NC-DMF Shellfish Sanitation and Recreational Water Quality For Shannon Jenkins SIGNATURE DlAir DATE 4/5/2023 D E -'jNorth Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 wi++a ' .mr o..m� /'�/ 910.796.7215 a `STATE a y 761 IAz . ROY COOPER -_,,� Governor t �1' ELIZABETH S.BISER Secretary *-w '.* BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 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: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 Dan Sams APR 2 0 2023 AGENCY DEMLR MP SECTION DCM MHD CITY SIGNATURE Daniel Sams DATE 4/20/23 DEQ`J/ North Carolina Department of Environmental Quality I Division of Coastal Management // Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 Noun i cvaaw. ou...maEmw...NMoe.a 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jimmy Burris, Trustee of the James R. Burris Revocable Trust do Pippin Marine Construction 2, LOCATION OF PROJECT SITE: 756 Arjean Drive, New Hanover County adjacent to Pages Creek. Latitude: 34°16'29.41" N Longitude: 77°46'21,60" W 3. INVESTIGATION TYPE:CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 11/08/2022 Was Applicant Present-No 5, PROCESSING PROCEDURE: Office-Wilmington Application Received 12/28/2022 DWR WQC Pre-filing date: 2/06/2023 Application Complete 3/24/2023 Day 30 for WQC Pre-filing 3/06/2023 6. SITE DESCRIPTION: (A) Local Land Use Plan-New Hanover County Land Classification From LUP-Conservation (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing-none Planned-NA (F) Type of Structures: Existing-floating dock with three (3) potential slips, uncovered fixed platform, and timber bulkhead Planned-install two (2) boat lifts adjacent to existing floating dock for a potential of five (5) slips (G) Estimated Annual Rate of Erosion: N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B) Non-Vegetated Wetlands (Open water) 798 sq.ft. (incorporated) (C) Other-High Ground (D) Total Area Disturbed: 798 sq.ft.(-0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA- HQW Open: Closed 8. PROJECT SUMMARY: The applicant proposes to install two new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure for a total of five (5) formalized boatslips. 756 Arjean Drive,Jimmy Burris, Trustee of the James R. Burris Revocable Trust Page Two 9. PROJECT DESCRIPTION The project site is located at 756 Arjean Drive, adjacent to Pages Creek, in New Hanover County. According to the application, the parcel located at 756 Arjean Drive has a maximum elevation of approximately 5' above NHW and is approximately 1.3 acres. The lot is undeveloped with high ground vegetation consisting primarily of natural trees and shrubs. A portion of the lot has also been previously cleared of all vegetation. The site has approximately 380' of shoreline frontage that is stabilized by a timber bulkhead and has a private docking facility. Coastal Wetlands are located waterward of the existing bulkhead and consist primarily of Smooth Cordgrass(Spartina alterniflora). There is also an approximately 20'wide easement located on the south side of the applicant's property. Within the easement, there is an existing docking facility that is owned by the Pointe Santa Maria HOA. The applicant maintains a private docking facility with a platform access that measures approximately 5' x 6', The access leads to a floating dock that measures approximately 6'wide x 80'long and is oriented parallel to the shoreline. The existing docking facility has the potential to accommodate up to 3 vessels. The existing timber bulkhead, measuring approximately 365 linear ft., was previously authorized by DCM General Permit 80131D in 2021. DCM staff was unable to locate permitting history for the existing dock structure,however, according to aerial photography, it appears that the existing dock structure was constructed sometime before 1998 and has remained in the current configuration. The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The adjacent waters of Pages Creek in the project area are classified SA-HQW 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 install two new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure for a total of five (5)formalized boatslips.. The applicants propose to install two new uncovered boat lifts, both measuring approximately 12'x 12',to be located at the north and south ends of the existing floating dock structure.The waterward-most pilings of the lifts are proposed to be located at the edge of the existing channel, where the existing water depths at Normal Low-Water (NLW) are approximately 5'. The waterward-most pilings are proposed to be installed in line with the existing floating dock structure. The existing water depths at the proposed location of the landward-most pilings are approximately 2' at NLW (see Drawings 1, 2, and 3). The proposed southern boat lift would be located approximately 29' from the existing docking facility owned by the Pointe Santa Maria HOA that is located within the easement on the applicant's property (see Drawing 3). The applicant has notified the Pointe Santa Maria HOA and has not received objections to the proposed project. Pages Creek measures approximately 80' across in this area, the proposed lifts would not exceed the IA width and would be located approximately 20' past the outer edge of Coastal Wetlands. 756 Arjean Drive, Jimmy Burris, Trustee of the James R. Burris Revocable Trust Page Three 10. ANTICIPATED IMPACTS The proposed two(2)boat lifts would incorporate approximately 288 sq,ft.of Estuarine Waters and Public Trust Area. The proposed boatlift would not encroach into either adjacent 15 ft. riparian setback and would not extend waterward of the existing floating dock footprint. The waters of Pages Creek are currently closed to the harvesting of shellfish in this area. Minor increases in turbidity should be expected during project construction. Shoreline length =380' x 8 = 3,040 sq.ft. (2,000 sq.ft. = maximum allowed platform) Existing floating dock= 6' x 80' =480 sq.ft. Existing platform =5'x 6' = 30 sq.ft. (access credit, not counted) Proposed 1st boat lift (12'x 12') = 144 sq.ft. (not platform, open water,incorporated) Proposed 2nd boat lift(12' x 12') = 144 sq.ft. (not platform, open water, incorporated) Total =480 sq.ft. Submitted by: Kelsey Beachman Date:March 27, 2023 Office: Wilmington P.O.Box11291 a♦/1 'y Office/Fax:910-220.1290 Wilmington,NC 28404 jp i I Mobile:910 471-2034 www.pippinmarir,ecom '. '1L?1UleC i 1RIClirr"c ./ tripppippinmarine.corn January 25, 2023 NCDEQ 127 N.Cardinal Drive Wilmington,NC 28405 The enclosed CAMA Major Permit Application is being submitted for James Burris,756 Arjean Dr. Wilmington,NC 28411.The application is for the installation of 2 boat lifts,one at each end of the existing dock,for a total of 4 boat slips.This docking facility is private and for family use only. The project proponent hereby certifies that all information contained herein is true,accurate and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, rip Pippin Pippin Marine Construction,LLC RECEIVED FEB 0 2 2023 DCM WILMINGTON, NC Piers.Pilings•Boat Lifts•Bulkheads•Floating Docks•Residential&Commercial Marine Construction Since 1984 NM IIP-1 APPLICATION for0 Maier Development Permit (lest revised 12/27t08) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information 1l� Business Name Prola.t Nacrf applicable) r Ames /3urtt/J Applicant 1: First Name MI Last Name Na9,vn e s A7. /.'a ryas Applicant 2: First Name MI Last P ame If additional applicants,please attach en additional page(s)with names listed. Mailing Address Al;O Bdx City State gam/1�Lo/id r zdae' C�r e Wm/IAA/2/n ZIP Country Phone No. FAX No. 7RW/ uS/L 7/ ) - ,%J37Wext. . Street Address(if different from above) City State ZIP Email iuntYlY J 11`6U.r fe,oils ue.,-hort i c a tyl 2. Agent/Contractor information Business Name • Rho, A fib`?e Agent/Co actor 1: First Name c MI Last Name 71: pP17/01/in Agent/Co or 2: First Name MI Last Narn6 Mailing Address PO Box City , State /,29/ //szai,ny74Dt I At 6' ZIP Phone No.1 Phone No. 2 ,2 a'Y o 4 9ro -4La/-ra243 i/ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email RECEIVE-,,". 772 /r,b/ r4 zHe 1 Gaox P FEB 0 2 2023 <Form continues o n back> DCM WI LMINGTON, NC ,;52.gcla.;a tie 4-S8t•4RC1) S( .. Val `. V.riCGi1?!3."i tir+;:::TraSaliient.!:St" Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Aloe n0per 7S, 11r er,vt pr'/j P Subd lslon Name Lp frJt44,1 arty `ate. /V( Phone No. Lolitit14) (If many,attach additional page wT'h list) - ext. a. in which dyer basin is the�projea located? b. Maple�of body t:,of f,'1 water nearest to proposed project c. I�7ta water body Identified in(b)above,natural or manmade? jed. Name the closest :)or water body to the proposed p act site. ,3Nature) ❑Manmade ❑Unknown �� n e. Is pr.•• • work within city limits or planning jurisdiction? f. If a • a=s=,I - i e planning jurisdiction or city limit the p oposed 0Yes !4 No work falls within. 4. Site Description a. Total length of shoreline on the tract(ft) b. Slae of entire tract(sq.fL) .02// /t 3 i9e g c c. Size of individual lot(s) d. Aporoxlmate elevation of tract above NHW(normal high water)or NWL(normal water level) (If many lot sizes,please attach additional page with a list) j--6-7 l*HW or DNWL e. Vegetation on tract e/e4ot e d Z 7L- f_ Man-made features and uses now on tract / eirr_ . •,:aidb---;_,, /t/69 A-/-a)-/ to/rh 3 57//0 g. Identify and describe the existing land uses adlacen(to the proposed project site. , at - S./ Cas h. How does local government zone the tract? I. Is the$roposed project consistent with the applicable zoning? ief d b j (Affect mningcompliarrce certificate.'rfapplicable) ( �J// ekrY.es ONo DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes k. Has a professional archaeological assessment been done for the tract? If yea.attach a copy. DYeslo DNA If yes,by whom? k I. Is the proposed project located in a National Registered Historic District or does it Involve a OYss lNo DNA National Register fisted or eligible property? r� WCFIVF.0 <Form continues on next page> FEB 0 2 2023 crag Wi-H 4N(11=0N, NC 262-60 -2808 •. i-888-4F.COAS`r' .. www.Occapstairr.rrr:ac;errloa::.1 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? jes ONo (ii)Are there coastal wetlands on the site? )es 111O,,,���No (hi)If yes to either()or(ii)above,has a delineation been conducted? Oyes [ o (Attach documentation,if available) r n_ Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems.1 5. Activities and impacts a. Will the project be for comm I,pubtc,or private use? ❑Commercial DPubliclGovemment Pri Joe )rivate/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. 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. //o .y-;‘'i7 /"/l/h? /64itf '- d. list all development activities you propose. //4/.- ' _. -'--'5./a Af 02 ii)e r4) 4foil -I $ a. Are the proposed activities maintenance of an existing project,now work,or sod)? pt goy ,�i/i iel f. What is the approximate total disturbed land area resulting from the proposed project? /// Osq.Ft or['Acres Ir ©M C g. Will the proposed project encroach on any public easement,public accessway or other area 0Yes 1No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of he state. /t I I. Will wastewater or stormwater be discharged into a wetland? OYes to DNA If yes,will this discharged water be of the same salinity as the receiving water? DYes****'DNo DNA j. Is there any mitigation proposed? °Yes< F.lo DNA If yes,attach a mitigation proposal. ; FC E I V E D <Form continues on back> FEB 0 2 2023 NC _ 2-:0£ -z+34G .. •i-Gt;(.•4eac.P 'ts ., : ,'.zrcccastsi:..a:r,,,g rri2 ...._.. _ 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.mat be submitted in order for the applcadon package to be seta. items(a)—(f)are always applicable to any major development appiFcetioa. 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 ewes-Sectional drawings)drawn to scale. Please give the present status of the proposed project Is any portion already complete? if previously authorized eork,dearly 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 enfamlier with the area to the site. d. A copy of the deed(with state application only)or other instrument under whin the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DER 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. Sarin landowners must be advised that they have 30 days in which to submit comments on the proposed t the Division of Coas Management. Name 7 r// ,mod cei TC/ her Phone No. Address gg 5eiv el is .4art4 Aye. Name �r � Phone No. Address s �Qrt-:�.S /)tek f 6 Ale Name (09 ,I' l [c f Phone No. Address 7, fir' //,zi e t tic e g. A list of previous state or federal permits issued for work on the project tract Include t numbers,permittee,and issuing dates. .4/32 ifs /uer- ' 7 6/91/ Ai RD/3/ aktA a ifj ii.r r, 3f 3/Zo / 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. (Mushbe signed by property owner) k. A statement of compliance with the N_C_Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting comet ance 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 it 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 infoAllation related to this permit application and follow-up monitoring of the project. I further certify thpt the inf tion provided in this application is truthfu'to the best of my knowledge. Date / / l '_ Print Name f Pi ?f yt Signature 4"r 4 4'j Please indicate application attachments pertaining to your proposed prgect. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVE D DCM MP-3 Upland Development DCM MP-4 Structures Information FEB 0 2 2023 OCM WILMINGTON, NC eel_t-tiba-zsoa is 9-aa8-rtruCOAST . •.. .:.w.nocorastairnanagsmene.n.; Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit,Form DCM MP-i. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supp(entental information. I. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i Will the be open to the general public? ❑Commercial ❑Public/Govemment rivate/Community DYes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? DYes fio (ii)Number f yes: CV (iii)Length ir)Number (iv)Width at)Length (v)Floating DYes ONo iv)Width v)Floating DYes ONo e. (i) Are Platforms Included? ( 'es ONo f. (i) Are Boatlifts Included? ( fes ONo If yes: f yes: j (ii)Number ii)Number ,0 (iii)Length .,� c—R/46 O fP iii)Length /Z.' (iv)Width iv)Width /� (v)Floating es ONo Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of sips proposed h. Ct eck all the types of services to be provided. h [ Full service,including travel lift and/or rail,repair or (ii) berofslips existing maintenance service Dockage,fuel,and marine supplies Dockage('beet slips")only,number of slips: Dry storage;number of boats: [Boat ramp(e);number of boat ramps: [Other,please describe: ntyalve I. Check the proposed type of siting: j. Descnbe the typical boats to be served(etg-open runab ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel Open water,no dredging required e,,,\g Other,please evibe: I k. Typical boat length: it:7V I. ()MN the fa " be open to the general public? DYes�Jo m. (i)Willi f ility have tie pilings? RECEIVED ❑Ys& Mo (ri)Ify nu ber of tie pilings? EEB Q ? 2023 1)(;M WILMINGTON, NC 2. DOCKING FACILITY/MARINA OPERATIONS is section not applicable a. Check each of the following sanitary facilities that will be included In the propated project ❑Office Toilets ❑Toilets for patrons;Number. ; Location: 0 Showers O Boathokiing 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. (il)Give the location and number of'PumpoutAvailable°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 punned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are Currently provided? RECEIVED m. Is the marina(docking facility proposed within a primary or secondary nursery area? ❑Yes ONo FEB 02 2023 ►i(Avi WILMINGTON, NC 1:; • - - n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ONo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shed bottom (SB),or other wetlands(WL)7 If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marine/docking facility located within or within close proximity o any shellfish leases? OYes ONo 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): OCommerdal OPublfctGovemment ❑Private/Community (ii)Number (Ili)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. (1) Number (it)Length (ill)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 leThis section not applicable a. Is the structure(s): b. N amber ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline d. D9scription of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. e. Arc of the swing 7. GENERAL F[B 0 2 2023 IDCM WILMINGTON, NC a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities/61 Note: For buoy or mooring piling,use arc clawing including length of vessel. c. Width of water body d. Water depth at waterward end of structure NLW WWI e. (I) VVi11 na _ ationai aids be required as a result of the project? ©yes No DNA (ii)If yes,explain what type and how they will be Implemented. 8. OTHER ❑This section not applicable a. Give complete descrlptlon: f 41if /12 ` /z f toa-t 4/4' 4) e- e./ 1= ;,ter 71 o(e) ki / ',/2/2 Date RCA"li fJ Project Name 7 c/ 013 p 41$ Applicant Name Applicant Signatu RECEIVED -11B 0 2 2023 :)CM VUIi_MiuNG TON, No • ROY COOPER % ` ;: { Governor ELIZABETH S.BISER . Secretary • BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 27, 2023 Pippin Marine Construction c/o Trip Pippin PO Box 11291 Wilmington, NC 28404 Dear Mr. Pippin: The Division of Coastal Management hereby acknowledges receipt of your application,as acting agent for Jimmy Burris, Trustee of the James R. Burris Revocable Trust, for State approval for development of the subject property located at 756 Arjean Drive,adjacent to Pages Creek, in New Hanover County. It was received as complete on March 24, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 7, 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 March 24,2023,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. Sincerely, U &64a,(16</C -- Kelsey Be man Field Representative cc: Cameron Luck,DCM Holley Snider, DWR USACE Jimmy Burris,Trustee of James R. Burris Rev. Trust,Applicant Christine Bouffard, LPO Kim Harding, DMF D_E Q North Carolina Department of EnvironmentalQuaiity Division of Coastal Management Wilmington OfFlce I l27 Cardinal Drive Extension Wilmington,north Carolina 28405 Dowla rat&ni ....iClany r 910.796.7215 CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to install two (2) M. dock structure for a total of five (5) slips at 756 Arjean Dr., a-dj. to Shinn Pages Creek i-n Wilmington, New Hanover County. COMMENTS ACCEPTED THROUGH - APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: James R. Burris 805 Ramblewood Lane NC Div. of Coastal Management Wilmington, NC 28411 127 Cardinal Dr. itxt. Wilmington, NC Z8405 agent' Pippin Marine Tripp Pippin • Kelsey Beachman (910) 796-7270 (910) 471-2034 `dam Sikh 4'' fib' ..... ROY COOPER 1141 Or Governor ELIZABETH S.BISER Secretary ``to.vcm'.<' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28,2023 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Jimmy Burris Hello: Please publish the attached Notice in the Friday, March 31, 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. Ocerely, A anya A Pietila Permitti g Support& Customer Assistance cc: MHC Files Cameron Luck—MHC USACE DE North Carolina DepartntofEronmetntalQyallty I Divisionof Coastal Management Wilmington Office I i27 Cardinal Drive Extension I Wilmington,North Carolna 28405 t+ro + sae\/6' 910.7%.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 a development permits in Areas of Environmental Concern as designated under the CAMA: On March 27, 2023, Jimmy Burris proposed to install two(2) new uncovered boat lifts at an existing floating dock structure for a total offive(5)slips at 756 Arjean Dr.,adj. to Pages Creek in Wilmington,New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beach man 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 April 21, 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. E North Carolina Department of Environmental Quality I Division of Coastal Management IMimington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910.796.7215 Pre-file request l v Q v CO :r o o oo^rarine.corr i ... T,,. %1C1=re=Ie node^.gav i:^F.'t_32:_,_6 r• 756 A%ean applicat:o-.pdf tut s'a3 i am requesting a pre-file for the attached appilcation for 756 Arjean Dr.,Wilmington,NC. The application is for the installation cf 2 bcat lifts,one at each end cf:he existing dock. Please contact me r`you have any questions. Thanks, Trip Pippin Pippin Marine Construction vrvw.PERpinMatine.cor ran ps://www.facebook,com/PEppinMa6ne E-mail:trip@pippinmarine.com Phone:(910)471-2034 Reoly Forward RECEIVED FEB 0 6 2023 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 141 Mailing Address: S6 '5 r2 m BL6c�00 , Lti Phone Number: q ti0 , -2 -? -74 Email Address: J I.r„rf,..4 bo i'-t cc3''147Jcli,tJ. I certify that I have authorized c eht/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 4 �`S �� " Lt fi ti-754 Frk. at my property located at 1 rA r 1 _ I.►J • k n in lAl'LL County. � Itc / 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. Prop(rty Qwner Information: • a Signature `j f iZ • ett Print or Type Name Title , l --1 /2,7 Date RECEIVED DEC 28 21322 This certification is valid through 4 . I ! I . 07.-7.5 ±ACM WILMINGTON, NC i SENDER: COMPLETE THIS SECTION COMPLE%TE THIS SECTION ON DE'.!VSRY ■ Complete items 1,2,and 3. .407F /. Al". l ro N. ! , ■ Print your name and address on the reverse rl !- " tit +IIIY N i so that we can return the card to you. -, NI- _' N • Attach this card to the back of the mallplece, �e.rRe�lv''e��d.,rrby(Pr! e) ►, •- _of De' e� a z or on the front if space permits. C— 1t.V ��•d e K /2 a. '" 1, Article Addresse•.tp D. Is delivery address different from Item 1? ❑Yes — • LLI -• /CArOs Pre If YES,enter delivery address below ❑Pb v _ I d r LLI ■ae g/3 „S . /Vatic_ . cr 1LJ w,im/491tn /UC a//I Q p tsi �/ 3.II11I11I11IIIIIII IIIIIIIIIIIIIII 111I111 � A�dd; Restricted O a W g co "°d �Ce�Ufied Mall® ry p (f):I 9590 9402 7220 1284 0052 61 D certir�ed is Remitted Dater ©Signature comreleon in LL r. $ IN J; w M o t, ❑Collect on Delivery ❑slgnewre CoNiTirion O g i s e rr . 2. Article Number(Transfer from service la o Collect Nary Restricted Delivery Reat feted DeWMy fl X • , I g g ;1� ` 0 9 5❑ o n a o 8 0 0 2 4 819 Ma Reafrlcfed Delivery C/' W >� ;� 7021 $ & 4 Uc _ ra Yorm:iti t*,.r liy 2020 PSN 7530 c2 DQc 9053 Domestic Return Rec _ c- -, C]C]p Ll • :2:2. 6T9h 2009 0000 0560 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY tr ■ Complete iteril .l ti luid 3., A. Signature : `V , 2 N '?r E r> • Print y, -nartgrhncl a$dress on the reverse X .p 0 Addresseept t1, a s so that we can return the card to you. 1:71 B. Received by(Printed Name C. Date of Delivery '', 1: • Attach this card to the back of the mailplece, ) Cl. �, -` or on the front if space permits. _ i 1. Article Addressed to: D. Is delivery address different from hem 1? CI Yes U.I .. — Q If YES,enter delivery address below: 0 No 0 Daa/7 .Jf 1/4 n w ;i , . sitidvt/7140.4 , :. c $0 / Son 1A /'!'/aria 0r '°' /r AC �. 8 A. In d Gv��trJ�n �o at-9/ �• = x � n � �: 111:: 3. Service TYPe ❑Priority Nteg Ekpiwee0 (n J ^ o o adult Signature ❑eteg)stered MagTM W = �,G, '+• {� M ~IlIlII�IIIIIIII I1 IIIIIIIIIIIII II81IIII kSI Rea Deli , ftt N�Reef fed —• - e . 9590 9402 7220 1284 0052 54CC❑ Mai Restricted Delivery p�lsna ure contirmaltonTM O 8 '° �tt e e ��'` ❑Collect on Delivery 0 Signature Conrrmatlon 0 ~ _ . .. Q•tc cc 2 i5 R_ tt 9 A,tirle rdurnhar rrm sbor bran coal,. c-,r,.n ['Collect on Detvay Restricted Deilvery Restricted Defvory J c = c ¢ ti`d t jt muted Mall Cn w r r z t t 4 t o - ti 7021 0950 0000 8002 4802 nsuredNtallRestrictedDelivery , ,averS5od1 U G _ -- o e „ j, PS Form 3811,Jury 2020 PSN 753o-o2-0oo-go53 Domestic Return Receipt 2 0 Q}I 2009 0000 0560 'C 2 0 2 RECEIVED FEB 0 6 2023 DCM WILMINGTON, NC SPNDER: COMPLETE THIS SECTION COMPLETE THIS SECT/ON ON DELIVERY 7 omplete items 1,2, and 3. A. Signature Print your name and address on the reverse t, r ❑; $p that we can return the card to you. X �� ,� 1- ' ` Agent I ■ • I III Attach this card to the back of the mailpiece, B. Received by(Printed Name Addressee or on the front if space permits. _ C. Date of D livery 1. Article Addressed to: r ••��i G ;�J_ T,2c� D. Is delivery add �'�� (r�1 1? 0 C �! If YES,enter.oli eTYadd� s'69oVv: 0 No� �'1, Sit 4 I , 606 .r4.n�e. " 'L/�•te. #A- • DEC 2 8 ZQI? 1/4-4.5\\ % M r 1 , ` ')CM WILMINGro 1 ! 29li ( 3. Service Typo ❑prbrty Mail Express® III I III 1111111111 , 1 I IIIII I11 II� C.I Adult Signature❑Adult Signature Restrict Delivery ❑Registered Ma1tT• 9590 9402 5128r7 Certified Mail® D Registered Matt Restricted 9092 7535 26 ❑Certified Mail Restricted DeliveryDelivery O Collect on Delive D Return Receipt for 2. Ar ry Merchandise 7022 16 70 n Collect on Delivery Restricted Delivery ❑Signature Confirmation*• 0001 4842 0341 ❑Signature Confirmation itricted Delivery Restricted Delivery ovtn a-uvu)- -- Domestic Return Receipt PS Form 381 1,July 2015 PSN 7530-02-000-9053 �,�� < < a U.S. Postal Service CERTIFIED ° a o�} z ro - . € > a DomesticMallt�/CERTIFIEDAIL® RECEIPT In ❑ ❑ ❑ - J y m r v P N c4 0 iT1 For delivery information,visit Duty ebsite at vwty asps tom v WLiy°'E�romr) fY ('�I. t�.R. z << ' � i�°' ' ;alp L U 5 J LpNlj N a_¢¢ cc in ir3 cc ate) rU Certified Mail Fee W p N ht $ 1 ^c 041_i5 v+ /}F �- Extra Services&Fees(check Dux,ady fee i 2 --� .. \� . ❑Return Receipt(hardcoPY) $ Y-' i;1- Z la G'l� > > 5 ❑Return Receipt(electronic) $_ I o U U Z �) `� o ' > 0 ❑Certified Mat Restricted Oory Postmark 4) P3 a I m .r. v ❑ Delivery s t�'t t tt't__ Here y ` C ,.,� (,(,I 0 O LA Adult Signature Required ti S _ CO ` � [.7 a 8 $ ❑Adult signature nest t led Delivery s S m ¢ d Postage �-- cc 0.t41 D .>/ _ .Z H t„.m g t ¢ .D Tota•l Postage and F .V tiv�%12,2 72 $ V r • r �13} U rn in$i g 1 i w fJS N rn w a'!Nm ..v A�y 12_0 Q'coai In 0 he and Apr.No.,of FO ref),U U( =oU Q x m ri❑❑❑OC p S�� MCh!.47 CV /^Q.0 Cry tato,ZIPt44 FIJ / tI •i: • C 2, j e= o PS Form 3800,April 2015 PSN 75a6C6'doesrytr See Reverse for Instruction • i - ^— M S rn o V� _— �' bi U.S. Postal Service`" ° L r r, o 6 CERTIF ' o " " MAID' RECEIPT to hi M !�� N Domestic Ma t` ri ` cmi \` C� _J. `— o O z "1 OIy t a �� a Q For delivery information,visit our website at wwiv tlsps.com- N tv" a) '� .0 in (�11(tt1•IIYMt;I ti CV -O .L.. N° CV ru 17.`rc .fui91F 1Aw Q t w tv . •t7. 4. a `S N Certified Mail Fes yyf}• I•r U moil 0.1 C} E c w VVV t "mini p fU .13 $ 40; ci "' a) U U p ci (� �j O ? Extra Services&Fees(check box,add tee F r c i U N C ° rn 2 O S �� a ) r- T ❑Return Receipt(artfcupy) +-• c 3 12 a) •S,/I p r"1 ❑fla ,n Receipt(electronte) $ I tlli W a T L U C N `� • co M 0 ❑Certified Mall Restricted Delivery 3 # 1 Ili l Postmark t( E ° ❑AOWt Signature Hare • p coR7 0 U I ter. O> E Required = • Z U b a Q o . o O Man Signature Restricted Delivery s $11,ff.) N ■ ■ . Q Postage Tot stage and �!pap o 1:i ; ru Sent To IC1^llf�f►L\ r 1.!6S ED Street and Apt Na,MPX No' La'�' tti Sf-`'1M - ZQittt PS Form 3800,April 2015 PSN 753e02-000-gosr See Reverse for Instructions N.C.DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: ---)CQ -e S /9GC f/l l S Address of Property: ` 1- ' Af j//ea,'/� ,Pr ff / Mailing Address of Owner: goJ kc.a,LGt /l t''4)0 0 c4 G�(/1i7 C aC l� /I( c.2 15)499/ Owner's email: Owner's Phone#: n)-177 3- > 2 Yl Agent's Name: /7\l(2 a/f/ri Agent Phone#: 1/6 - ?( -o2-U l-Y Agent's Email: ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing,the development they are proposing. A descripti or drawing,with dimensions,must be provided with this letter. i DO NOT have objections to this proposal. I DO have objections to this proposal. if you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EXT,Wilmington,NC 28405.DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION i understand that any proposed pier,dock, mooring pilings,boat ramp,breakwater,boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me(this does not apply to bulkheads or riprap revetments).(If you wish to waive the setback,you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback Signature of Adjacent Riparian Property Owner -OR- / I do not wish to waive the 15'setback requirement(initial the blank) - Signature of Adjacent Riparian Property Owner: TypediPrinted name of ARPO: 0 S V • �r �,, .c , u),lIk( - in, Mailing Address of//��ARPO: � ( e•� t ARPO's email:CT'hu /(t,ec. a O's Phone#: q'o` Date: (/1,]L' *waiver is valid for up to one year from ARPO's Signature' r Revised May 2021 EB 0 2 2023 :-)CM WII.MINGTON, NC 2/6/23,4:13 PM USPS.com®-USPS Tracking®Results USPS Tracking® FAQs > kik Remove X Tracking Number: 70210950000080024802 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 12:41 pm on December 17, 2022 in WILMINGTON, NC 28411. Get More Out of USPS Tracking: a USPS Tracking Plus® v Delivered Delivered, Left with Individual WILMINGTON, NC 28411 December 17, 2022, 12:41 pm See All Tracking History Text & Email Updates v USPS Tracking Plus® u Product Information u See Less /' Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70210950000080024802%2C&tABt=false 1/2 RECEIVED BK:R T 5922 111111011111IIIIIIII RECORDED 2015030274 NC FfE S2e.00 10-01-2015 NEW HANOVER COUNTY,NC STATE OF NC DEl' 2 8 ZOZZ 11:26:28AM TAMMY THEUSCH BEASLEY REAL ESTATE tJ 1 BY:CAROL HUGHLEY REGISTER OF DEEDS EXTX S800.00 DEPUTY 1DCM WILMINGTON, NC No Title Certification or Tax Advice Requested of or Provided by Draftsman STATE OF NORTH CAROLINA GENERAL WARRANTY DEED REVENUE STAMPS: $ 800.00 PARCEL#: R04506-003-012-000 DRAWN BY: BOYLES LAW FIRM, PLLC/ HS 319-A North 4th Street, Wilmington;NC 28401 RETURN TO: BOYLES LAW FIRM, PLLC/SLT#2015096724 GRANTOR MAILING ADDRESS: P.O.Box 370007.Montara,CA 94037 PROPERTY CONVEYED: 756 Arjean Drive, Wilmington.NC 28411 GRANTOR PRIMARY RESIDENCE: Yes X No (Property Conveyed) GRANTEE'S MAILING ADDRESS: 805 Ramblewood Ln„Wilmington,NC 28411 BRIEF LEGAL: Lot 4,Pointe Santa Maria This deed, made and entered into this 24th day of September , 2015 by and between HOWARD WHITE, III., and wife, KATHRYN L. WHITE, TRUSTEES OF THE WHITE FAMILY LIVING TRUST dated October 18, 2005, the Grantor(s), and JIMMY BURRIS, TRUSTEE OF THE JAMES R. BURRIS REVOCABLE TRUST,the Grantee(s). WITNESSETH THAT, WHEREAS, THE WHITE FAMILY LIVING TRUST were both properly established by Agreements dated October 18,2005; and WHEREAS, HOWARD WHITE, III, and wife, KATHRYN L. WHITE, Grantor(s) are Trustees of THE WHITE FAMILY LIVING TRUST dated October 18, 2005; and WHEREAS,HOWARD WHITE, III, and wife, KATHRYN L. WHITE are compos mends; and WHEREAS, the Trust Agreement establishes that the Trust does contain the real property herein described and that the Trustee has the power and authority to convey, without the joinder of another,the real property contained in the Trust; and WHEREAS,whereas, the terms of the trust grants to Grantor as Trustee the powers enumerated in North Carolina General Statutes §32-26 and §32-37, and powers which include the power to sell and exchange and encumber real property; and WHEREAS, it is the intention that any party dealing with the Grantor as Trustee shall have no duty of further inquiry into the authority of the Trustee, this instrument acting as a memorandum of the above-referenced trust with regards to the broad powers of the Trustee to administer real property; and WHEREAS,the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land located in the county of NEW HANOVER, State of NORTH CAROLINA, more particularly described as follows: ALL OF LOT 4, POINTE SANTA MARIA SUBDIVISION as the same appears on a map recorded in Map Book 31 at Page 131 of the New Hanover County Register of Deeds Office. Together with and subject to Restrictive Covenants recorded in Book 1567 at Page 120 of the �r rr ... �____.�._ t-►___t_a_� _r 1• .. .J.. rum— „,...7 ...,..,..„,,..to 1;44e.r.,1 nn rl rinovia rinhfe of another,the real property contained in the Trust; and Whereas, the terms of the trust grants to Grantee as Trustee the powers enumerated in North Carolina General Statutes §32-26 and §32-37, and powers which include the power to sell and exchange and encumber real property; and • Whereas, it is the intention that any party dealing with the Grantee as Trustee shall have no duty of further inquiry into the authority of the Trustee,this instrument acting as a memorandum of the above-referenced trust with regards to the broad powers of the Trustee to administer real property; and The Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same 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 whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2015 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. In witness where of the Grantor(s) has hereunto set their 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. THE WHITE FAMILY LIVING TRUST rust By: 6t1) 6-- HO WHITE, III,TRUSTEE By: (?k.Q A ,/ R.--e KATHRYN L. WHITF TRUSTEE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s), HOWARD WHITE, HI and wife, KATHRYN L. WHITE, TRUSTEES OF THE WHITE FAMILY LIVING TRUST, personally appeared before me this day, acknowledging to me that he/she/they voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:TRUSTEE(S) and GRANTOR(S), [Check One] (i) I have personal knowledge of the identity of the , :' . �� •); or (ii) I have seen satisfactory evidence oft - p c ; dentity by a current state or federal identification,with the principal's ph.•,,',_, ,in the form of a eittA3k Date: , 2015 c__, 0 4 Notary Public Signature z , (Official Seal : otary Public Here) Printed Name of Notary Public NIy Commission Expires: s JI 74(4 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document,to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. RECEIVED STATE OF CALIFORNIA } DEC 2 8 2022 COUNT/OF Sill[SIR I{O ) 0CM WILMING'TON, NC On OI / "-1 f�Q(G before me, /1ark 114 npi4Oi/t Notary ate Insert Na nd Title of the officer Public, personally appeared ki4rd1 W/(1`/-P . ) K°t,�hryki t,. `i/1jrtr Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 5 .: MARKMANGONON S..Aj?,�!. COMM.+i2Tt}BB77 ` Eby; NGTARYPUBi cAulFofN,„g SAN MATEO COUNTY 7 My Convntselon atf7ee 03 2412a18 Signature: -------------------- - -------�—..-------_---------OPTIONAL----------.�.______._ —_._._----- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to on unintended document. Description of Attached Doc ment Title or Type of Document: +f&St f rrefrif ,. Document Date: 07/2. 1124f Number of Pages: 2— Sines Ot ler Than Above: g _ g �) NamedAbo e Capacity(ies)CI� med by Sign_(,$) `� e" Signers Name: � WJ *)cc � Signers Name: A ✓t ti wvpbe ❑ Corporate Officer—Title(s) O Corporate Officer—7itle(s) ❑ Partner-C7 Limited 0 General 0 Partner-LI Limited 0 General O Individual UAttorney in Fact 0 Individual ❑Attorney in Fact id:Trustee OGuardian or Conservator 'Trustee UGuardlan or Conservator ❑ Other: U Other: • Signer its Representing:Vie W�iti[t ��T.( v Sig r i Representing:`Y1t k4 k• 6tousl(Lohly ...,.... ..��.. ...yam ..... TAMMY THEUSCH ,�GpON,Y.tip' New Hanover County �y BEASLEY i ,..,.\ y Register of Deeds i i At. Register of Deeds fo ;t� 4 2 216 NORTH SECOND STREET • WILMINGTION,NORTH CAROLINA 28401 L I ;, Telephone 910-798-4530 • Fax 910-798-7751 •4.14san,co` kidi Z /7"N;1G---N (-1 1:1��, I FJ:._J - r"'�.-'yam j0i 3; t ,7-- ,...,.'im- 4,;04 1 r! t 4: 1 ?...1 .I. 1 '11°1 1 Ahri -/4/ , -- -(4 � (4pI yY elLetiSHED State of North Carolina, County of NEW HANOVER Filed For Registration: 10/01/2015 11:26:28 AM Book: RB 5922 Page: 785-788 4 PGS $826.00 Real Property $26.00 Excise Tax $800.00 RECEIVED Recorder: CAROL HUGHLEY Document No: 2015030274 DEC 28 202 f0CM WILMINGTON, NC DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Beachman, Kelsey From: trip pippinmarine.com <trip@pippinmarine.com> Sent: Monday, February 6, 2023 8:13 PM To: Beachman, Kelsey Subject: Fw: [External] Pre-file request CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. The below response may be what you needed. Thanks again, Trip Pippin !? Pippin Marine Construction www.PippinMarine.com FEB 0 6 2023 https://www.facebook.com/PippinMarine E-mail: trip@pippinmarine.com DCM WILMINGTON, NC Phone: (910) 471-2034 From: 401PreFile <401PreFile@ncdenr.gov> Sent: Monday, February 6, 2023 8:09 PM To: trip pippinmarine.com<trip@pippinmarine.com> Subject:Automatic reply: [External] Pre-file request This email confirms receipt of your pre-filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre-filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non-Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-permitting-contacts For Non-Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: Beachman, Kelsey From: trip pippinmarine.com <trip@pippinmarine.com> Sent: Thursday, March 23,2023 8:45 PM To: Beachman, Kelsey Subject: Re: [External] Re:ADDITIONAL INFORMATION REQUESTED (3) - 756 ARJEAN DRIVE CAMA MAJOR APP Attachments: 756 Arjean Drawing.pdf • Kelsey, Here's the revised drawing. Thanks, Trip Trip Pippin Pippin Marine Construction www.PippinMarine.com https://www.facebook.com/Pippin Marine E-mail: trip@pippinmarine.com Phone: (910) 471-2034 From: Beachman, Kelsey<kelsey.beachman@ncdenr.gov> Sent:Thursday, March 23,2023 1:41 PM To:trip pippinmarine.com <trip@pippinmarine.com> Subject: [External] Re:ADDITIONAL INFORMATION REQUESTED (3) -756 ARJEAN DRIVE CAMA MAJOR APP Hey Trip, I got the check that you dropped off,thank you. I will shred the old one. If you can get me a drawing with the requested modifications below, I can call the application complete. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910)796.7270 kelsev.beachman@ncdenr.gov 127 Cardinal Drive Ext. Wilmington,NC 28405 1 Find a Field Rep (arcciis.com) Email correspondence to and from this address is subject to Me North Carolina Public RecorW Law end may be dsdosed to Mid nettles. From: Beachman, Kelsey -------- Sent:Tuesday,March 21,2023 1:04 PM To:trip pippinmarine.com<trip@pippinmarine.com> Cc: MacPherson, Tara<tara.macpherson@ncdenr.gov> Subject: RE: [External] Re: ADDITIONAL INFORMATION REQUESTED(3)-756 ARJEAN DRIVE CAMA MAJOR APP Hey Trip, I was working on this application and looking at Drawing 3, I think you have the 20'easement still labeled around the Perez dock,instead of depicting the HOA dock within the easement boundary. The lines just need to be redrawn to show the HOA dock within the 20'easement boundaries on Mr. Burris' property. I have drawn a rough example below. If it makes it easier,you do not need to draw a depiction of the Perers'docking facility, I just need their property boundaries drawn and the property labelled with their name and address. • *, Thank you, Kelsey 2 Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910)796-7270 kelsev.beachman@ncdenr.gov 127 Cardinal Drive Ext. Wilmington,NC 28405 Find a Field Rep (arcgis.com) Email correspondence to and from this address is subject to the North Carolina Pudic Records Law and may be disclosed to third parties. From:trip pippinmarine.com<trip@pippinmarine.com> Sent:Tuesday, March 21, 2023 11:56 AM To: Beachman, Kelsey<kelsey.beachman(a)ncdenr.gov> Subject: Re: [External] Re: ADDITIONAL INFORMATION REQUESTED(2)-756 ARJEAN DRIVE CAMA MAJOR APP .1':111.1,Irltt il�1 i 1'91: �I,,1 : •'t. 1!!,I,, s'1{III' .11 `i ill!'-II it.: :it Hi Kelsy-one of us will drop off a new check today or tomorrow. If we don't see you to get the other check, please just shred it. Thanks Trip Pippin Pippin Marine Construction www.PippinMarine.corn https://www.facebook.com/PippinMarine E-mail: trip@pippinmarine.com Phone: (910) 471-2034 From: Beachman, Kelsey<kelsey.beachman@ncdenr.gov> Sent:Tuesday,March 21,2023 11:18 AM To: trip pippinmarine.com <trip@pippinmarine.com> Subject: RE: [External] Re: ADDITIONAL INFORMATION REQUESTED(2) -756 ARJEAN DRIVE CAMA MAJOR APP Trip, Thank you for sending the revised drawings over. Due to the length of time it has taken to complete the application,the check that was submitted is now over 60 days old. Per our administrative staff,the banks are now refusing to take checks that are more than 60 days old.Therefore, I will need a new$250 check for this application and I can either return the old check to you or I can shred it. Please let me know which you rather have me do. Thank you, Kelsey 3 Beachman, Kelsey From: Beachman, Kelsey Sent: Monday, February 6, 2023 12:21 PM To: trip pippinmarine.com Cc: MacPherson, Tara Subject: RE: [External) Re:ADDITIONAL INFORMATION REQUESTED (2) - 756 ARJEAN DRIVE CAMA MAJOR APP Trip, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS—756 Arjean Drive,Wilmington, NC 28411 DCM received your Additional Information for the installation of 2 new boat lifts on 2-02-2023 at the subject address. In reviewing your application,we have discovered that additional information is needed for a complete application. Please clarify the additional information below: Notifications • By rule,for major applications, the adjacent riparian neighbors need to be notified of the proposed project via certified mail. If the signed waiver for Carlos Perez was mailed certified,please provide certified mail receipt or green card. • The Pointe Santa Maria HOA will also need to be notified of the proposed project via certified mail. Please provide certified mail receipt or green card. Work Plats • Please adjust scales on all drawings to be 1" • For both Drawings 1 and 2: o Please clarify the water depths on these drawings, were these taken at normal low water? • For both Drawings 1 and 3: o Please indicate the location of NHW and NLW o Please identify all potential slips for the docking facility o Please detail the location of the edge of channel, quarter width of the waterbody, and the established pier headline o Please detail and label the boundaries of the Santa Maria HOA property easement Pre-File Request If you have not done so, please send a request to pre file to this email:401PreFile@ncdenr.gov. I cannot process the application until 30 days after the DWR pre file date. Once you prefile, please send me evidence of the pre file request so I can add it to the application package. Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality 1 Beachman, Kelsey From: Beachman, Kelsey Sent: Tuesday,January 3, 2023 10:34 AM To: trip@pippinmarine.com Cc: MacPherson, Tara Subject: ADDITIONAL INFORMATION REQUESTED- 756 ARJEAN DRIVE CAMA MAJOR APP Good morning Trip, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS—756 Arjean Drive,Wilmington, NC 28411 DCM received your CAMA Major Application request for the installation of 2 new boat lifts on 12-28-2022 at the subject address. In reviewing your application,we have discovered that additional information is needed for a complete application. Please provide the following: MP1 • (1)Please fill out the box for the Project Name • 3 (d): Please change the major waterbody to Pages Creek • 4(f): Please describe the existing docking facility with the number of existing slips and type of shoreline stabilization present • 5 (d): Please indicate that the installation of two boats is being proposed.The installation of a boat lift is considered a development activity • 6(f): As we discussed previously,the Pointe Santa Maria HOA will need to be notified of this project and the adjacent neighbors to the immediate south(the Perez's)of the subject property at 813 Santa Maria Avenue. Both parties need to be notified via certified mail. o Also, I noticed that the notifications that were submitted with the application are from August 2022.Can you please confirm that the proposed project has not changed since this notification date?Thank you. • 6(g): This property has been issued previous GPs for the docking facility and the newly installed bulkhead along the shoreline. The permittees, permit numbers, and date of issue needs to be identified within this section. MP4 • 1 (g): The existing dock structure is too long to only contain two existing slips. Please change to identify how many potential slips are present at the existing docking facility • I (i): The correct answer for this project would be"open water; no dredging required"since the applicant is not proposing any new dredging activities. Please change. • 1 (k): Please provide the lengths of the vessels that are going to be using the docking facility • 1 (m): Please answer Work Plats • Please include a vicinity map that shows the location of the subject property • For both Drawings 1 and 2: o Please change scales to an engineering scale that is in an increment of 10' o Please clarify the water depths on these drawings,were these taken at normal low water? • Specifically on Drawing 1: o Please indicate the location of NHW and NLW o Please show all property boundaries of the subject property and include neighboring properties o Please label the adjacent riparian neighbors by name and address o Please indicate the approximate location of the riparian lines and 15ft setback o Please show the location and approximate configuration of the Pointe Santa Maria HOA docking facility in relation to the proposed project o Please label the adjacent waterbody as Pages Creek o Please indicate the location of the edge of channel, quarter width of the waterbody,and the established pier headline o Please clearly number all potential slips for the docking facility Pre File Request If you have not done so, please send a request to pre file to this email: 401 PreFile@nedenr.gov. I cannot process the application until 30 days after the DWR pre file date. Once you prefile,please send me evidence of the pre file request so I can add it to the application package. Narrative: • Please submit a narrative describing the existing conditions on site,the proposed project,and the purpose and need for the proposed project. • Include the two statements for the DWR Pre Filing Request"The project proponent hereby certifies that all information contained herein is true,accurate, and complete to the best of my knowledge and belief." • "The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office:(910 796.7270 kelsev.beachman@ncdenr.gov 127 Cardinal Drive Ext. Wilmington,NC 28405 Find a Field Rep (arcgis.corn) Emrol correspondence to and from the address is subject to the North Carding Public Records Lew and may be duc#osed to third parties. From: Beachman, Kelsey --------------------_�___.__._.._______ Sent: Monday, November 14, 2022 3:31 PM To:trip@pippinmarine.com Cc:MacPherson,Tara<tara.macpherson@ncdenr.gov> Subject: 756 Arjean Drive,Wilmington Good afternoon Trip, Tara and I were able to conduct a site visit to 756 Arjean Drive on 11/8/22 and it seems that what the property owner is proposing is going to require a Major Permit application instead of a General Permit.The installation of the two proposed boat lifts would result in a docking facility with more than 2 slips,as the floating dock has to the potential to 2 moor multiple vessels.With the Major Permit application please make sure to label all potential slips for clarity. Please make sure to indicate that the boat lift proposed to the north of the existing floating dock is designed so that the boat lift does not exceed the floater,as this will block navigation in the channel. The Pointe Santa Maria HOA will need to be notified of the proposed project and have no objections to the work,as the proposed boat lift to the south would be installed near the HOA's existing dock.The immediate neighbor to the south of the HOA's dock structure(the Perers') and property owners at 738 Arjean Drive(the Bless')will also need to be notified of the proposed project and have no objections. Please let me know if you have any additional questions. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office:(910)796-7270 kelsev.beachman@ncdenr.gov 127 Cardinal Drive Ext. Wilmington,NC 28405 Find a Field Rep (arcgis.com) Entail correspondence to and from this address Is subleet to the North Carolina Public Records Law and may be disclosed to tlmd Parties. 3 Major Permit Fee Schedule Project Name: County: heck No&Amount: pY;ve 1kalf\rnsef-- ( laci Development Type Fee DCM % DWQ ( 300 0143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0%($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine ifA,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 review and written DWQ concurrence is $400 60% ($240) 40% ($160) 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: • t — — — -- STATE.„1.4 4 " ', may, ROY COOPER 41 Governor yu, dill 1. ELIZABETH S.BISER -' '%�n�r Secretary 44aLww /--' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 28, 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[c1�.NCDENR.gov SUBJECT: CAMA Applicant: Jimmy Burris Project Location: 756 Arjean Dr., adj. to Pages Creek, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) new uncovered boat lifts to be located at the north and south ends of the existing floating dock structure 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 April 21, 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 Q North Carolina Department of Environmental Quality I Division of Coastal Management J) Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 ar rp ,,CAROu DE v a Emimmuntel � /." 910.796.7215 NC Division of Coastal Management AEG: 1/¢°SGt7 �"-- Fee: $ U # V Major Permit Application Computer Sheet WAITS MHC cc JC1' Applicant: --C �5 � !1'YV S�p �/l�s'� �' •,2I. L PN. Agent/Contractor: `p_•`r\ Mande CnSC orb Project Site County: b Staff: ie lS� oLc_by ,-on District: Wilmington Project Name: L, 000 • �P Rover File: n/a River i Dam Initial date of application submittal: /c2 R pi ORR Date application"received as complete"in the Field office: `�'� /' i5v, IPermit Authorization: LCAMA ❑ Dredge&Fill❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes ii4tio PNA: ❑Yes ly4.bto Photos Taken: Yes❑ No'® Setback Required (riparian): ❑Yes , No Critical Habitat: ❑Yes ❑No liNot Sure 15 foot waiver obtained: ❑Yes IONo Hazard Notification Returned: ['Yes No SAV: ❑Yes g No ❑Not Sure Shell Bottom: ❑Yes 'No ❑Not Temporary Impacts: ❑Yes ❑No Sure Sandbags: ❑Yes mNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP!.kYes ❑No ❑Yes NNo Moratorium Conditions Environmental Assessment Done. Length of Shoreline: ❑Yes c2No DNA ❑Yes j�C No DNA FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- losed ) I j O.O� t,�c a-C,Ire-S SECONDARY WATER CLASSIFICATION—OPTIONAL(choose MAX of 4) ❑ Future Water Supply(FWS) ❑Nutrient Sensitive Waters (NSW) i ❑ Swamp Waters(SW) ❑ High Quality Waters(HOW) ❑Outstanding Resource Waters(ORW) WETLANDS IMPACTED ❑ (404)Corp. of Engineers(Jurisdictional ' El (LS)Sea lavender(Limonium sp.) ' ❑(SS)Glasswort(Salicornia sp.) wetlands) El (CJ)Saw grass(Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY)Salt reed grass(Spartina alterniflora) cynosuroides) 0 (DS)Salt or spike grass (Distichlis ❑ (SC)Bullrush or three square(Scirous El(TY)Cattail(Typha sp.) spicata) sp.) • ❑ (JR)Black needlerush (Juncus 0(SP)Salt/meadow grass (Spartina roemerianus) I patens) APPLICATION FEE El No fee required -$0.00 0 111(A) Private w/D&F up to 1 acre 3490 i ❑ 11I(0) Priv. public or comm wl D&F to 1 can be applied -$250 I acre,4144 can't be applied-$400 ❑ Minor Modification to a CAMA Major ❑Major Modification to a CAMA Major I ❑ IV Any development involving D&F of permit $100 permit $250 I more than 1 acre -$475 0 Permit Transfer-$100 i ❑ III(B)Public or commercial w/D&F to 1 ❑ Express Permit-$2000 acre, 4144 can be applied-$400 I i ❑ Major development extension request- I ❑ II. Public or commercial/no dredge $100 I and/or fill -$400 .I Private no dredge and/or fill -$250 I ❑ 111(C) Priv public or comm w iD&F to 1 acre, 4144 can be applied: DCM needs DWQ agreement -$400 4 Applicant: James misTVO of of Y4)-e -nines C,6crn s gev:Ttu,S+" Date: .1r2 q 1„)U 3 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order,and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work g Replace Id r ❑ S Maint❑ Y NN New Work NI Replace �L Maint❑ ❑YVN f 07 I New Work❑ Replace Maint❑ ❑Y ❑N New Work❑ Replace Maint❑ ❑Y ❑N New Work❑ Replace Maint❑ ❑Y ❑N j I New Work 0 Replace 1 Maint❑ I ❑Y ❑N New Work❑ I Replace Maint❑ i ❑Y ❑ N I I 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. i TOTAL Feet FINAL Feet (Applied for (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance j Disturbance ; disturbance. Habitat Name includes an Choose One Y Excludes any ( total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp I restoration or i temp impact j I temp impacts) impact amount) temp impacts) amount) f�ar ��cd�n 0 i Dredge❑ Fill❑ Both El +r�Othepr ® I gg 018g• i I Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge 0 Fill❑ Both ❑ Other ❑ I j I T Dredge❑ Fill❑ Both 0 Other ❑ I j Dredge❑ Fill 0 Both ❑ Other ❑ i I j r I i Dredge❑ Fill❑ Both ❑ Other ❑ I { Dredge 0 Fill❑ Both ❑ Other 0 919-733-2293 :: t-888-4RCOAST ?: wvrnr_nccoastalrnanagement.net revised: 02.26,18 Major Permit Fee Schedule • Project Name: County: heck No &Amount: Slo Arear\ Oe, O 3S o ��rive o\iec ( ICtC Development Type Fee DCM % DWQ ( .300 .0143510009316256253) (2430016024351000952341) 1111 I.Private, non-commercial development that does not involve the filling or $250 +/ 100% ($250) 0%($0) excavation of any wetlands or open water areas: II.Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III.For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B,C,or D below applies III(A). Private,non-commercial development,if General Water Quality $250 100% ($250) 0% ($0) Certification No.4175 can be applied 111(8).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: I 1 I 1 ' L-4 i 1---T F T ; r : • 1 1 ji i :i .. I. 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