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HomeMy WebLinkAbout55-23 Ware, Ryan 4C000 54454C-0CCC4C05 C47 C0 454474 X-C104d-4-057-04545-04di CC5455-04-X-X+R-D-D4X 45544C4444445444-0-0040455444455444-0D M074C4-0544444-0445544474-0-0St+P45DM-04440-0-0-00-0CCECC444444E444444444-0• Permit Class Permit Number NEW 55-23 STATE OF NORTH CAROLINA Department of Environmental Quality • and Coastal Resources Commission 1Jcrmit 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 Ryan Ware, 3423 West Zion Church Rd., Shelby,NC 28150 Authorizing development in Brunswick County at adj. to AIWW at 318 Marker Fifty Five in Holden Beach , as requested in the permittee's application dated 12/21/22 (MP-1, MP-4), including work plan drawings (4) Sheets 2-5 of 4 dated 12/23/22. This permit, issued on May 15,2023 , is subject to compliance with the application (where consistent with the permit),all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes the construction of docks, piers,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 a maximum of 4 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. /,4"..A4.4"( Any maintenance work or project modification not covered hereunder requires further Division approval. For Braxton C. Davis, Director All work must cease when the permit expires on Division of Coastal Management May 15,2028 This permit and its conditions are hereby accepted. In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. • Signature of Permittee 40445-0704405C-04404-0445454545C5-00075747-00750054744440i74444-07'r0{-C-0Oi-0OP-03trF}4-0-0¢?094§94-057-05777747CSCCCCC4•SL44L05570C45C47474SC74470444554:-MC-:-0-18:44�C44544404444C 7444 Ryan Ware Permit No. 55-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) The roof of the gazebo shall not be designed for second story use. 4) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 5) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 6) 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. 7) 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. 8) 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. 9) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 10) 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. As-Built Survey 11) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. An as-built survey shall be performed docking facilities, and copies of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management,within 60 days of completion of construction of these portions of the project. Sedimentation and Erosion Control 12) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) 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. Ryan Ware Permit No. 55-23 Page 3 of 3 ADDITIONAL CONDITIONS General 14) 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. 15) 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. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2023-00521). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 20230325. 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$250 was received by DCM for this project. DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4497 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES) Water Quality Certification Number 4497 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Regional General Permit 197800056. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By jDocuSigned by: � Pouparf 8FB19B549DD247$ for S. Daniel Smith Director DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Regional General Permit 197800056 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Any permanent fill into, or modification of, wetlands and/or streams; or c) Activities that result in fill, dredging, or excavation of open waters except for maintenance dredging of less than 0.5 acres of open water provided that the areas are not dredged beyond their original depth and width; or d) Any stream relocation or stream restoration; or e) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or National Wild and Scenic River; or f) Any high-density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built-upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state-approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally- implemented stormwater programs and projects that satisfy state or locally- implemented stormwater programs through use of community in-lieu programs require an Individual 401 Certification; or g) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or 1 e.g. Coastal Counties, HOW, ORW,or state-implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES,Water Supply Watershed, Nutrient-Sensitive Waters,or Universal Stormwater Management Program Page 2 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-214.23. In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. This General Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This General Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This General Certification shall not be interposed as a defense in any action respecting. the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this General Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, DWR may inspect the property. This General Certification shall expire on the same day as the expiration date of the corresponding Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this General Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Regional General Permit or when deemed appropriate by the Director of the Division of Water Resources. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I. ACTIVITY SPECIFIC CONDITIONS: 1. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. Page 3 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur in Primary Nursery Areas. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife:secondary contact recreation: agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. II. GENERAL CONDITIONS: 1. The permittee shall report to the appropriate DWR Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts); or beyond the thresholds established for use of this General Certification and Regional General Permit. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. Page 4 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H.0506(b)(2); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200; 15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. Page 5 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B .0200; 15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Page 6 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 026 .0200; 15A NCAC 026 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. Page 7 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 048 .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow Page 8 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-99 39-46 52 1 6A3F5A9 GC4497 low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,then culvert burial into the streambed is not required. For structures less than 72" in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream Page 9 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction Page 10 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H.0507(c); 15A NCAC 07H.1400 et seq. Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if Page 11 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Page 12 of 13 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality General Certification to minimize water quality impacts. History Note: Water Quality Certification (WQC) Number 4497 issued October 28, 2021 replaces WQC 4132 issued December 1, 2017; WQC 4085 issued March 3, 2017; WQC 3883 issued March 19, 2012; WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC Number 3494 issued December 31, 2004; and WQC Number 3376 issued March 18, 2002. Page 13 of 13 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT:Ryan Ware COUNTY:Brunswick PROJECT NAME: 318 Marker Fifty Five LOCATION OF PROJECT: 318 Marker Fifty Five,adj. to the AIWW in Holden Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-15-23 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #2075 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 3-8-23 END OF NOTICE DATE: 3-29-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 5-1-23 150 DAY DEADLINE: HOLDS: MAIL OUT DATE:3-6-23 STATE DUE DATE: 3-29-23 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO I � DCM-Field Rep /13 /Ntr Covx,R3 -..�- DCM-LUP Consistency Determination .5/6 ; x g iflNSrA-L4,4— Local Permit Officer Corps of Engineers-Regulatory Branch � Z� X � �-SG 1Z o?7'Dd5i DWR-401 Section I, 7 X . 9t4 7" ) Zo23o3Z7 DWR-Public Water Supply DEMLR-Stormwater DEMLR-Sed and Erosion 1i r!, � ,' DOA-State Property Office II Wildlife Resources Commission 3/(6 Ott Cc ^{i►' DMF-Shellfish Section DMF-Habitat& Enhancement I) Cto+A, A/ DNCR-Archives& History 1'S 1\• Cfrbu" midji DNCR-Natural Heritage Program NCDOT X NC Dept of Commerce (P ha "5/ Recommendations for State Permit—Ware Docking Facility The proposed docking facility would provide docking space for a total of four(4) vessels. As proposed, the docking expansion would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight-square foot rule and the '/4 width rule. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private docking facilities. 144 Ociw ITy DCM Coordinator: Cameron Luck County: Permit#: WIRO E-MAIL DISTRIBUTION SHEET Circle o e: Bio Re /nPermitit for: t! OnA t► "�V� Oversize Plans sent:�`V� DCM Offices: Morehead City: PT(if oversize) via Courier "cc Cam &Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet 'MHC documents (Cam &Amanda) Wilmington: Original hard-copy ONLY USACE& DWR(wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ender& Carteret Co): PN, CL, Reports, Split Sheet use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet 9ollg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: ey Snider-401 (BR/NH): PN, CL, Reports, Split Sheet Srritter-401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: hen Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet . Marine Fisheries: i-Kim Harding 1P2114"11 (e DCM Planner/WiRO: Mike Christenbury_ Cultural Resources: ✓Renee Gledhill-Earley Environmental.Review(d ncdenr.gov_ Natural Heritage Prog. ✓Rod ey Butler DCA-Rural Eco. Dev: "Lee adrick_(Ipadricktu7commerce.nc.gov) NC DOT: "David Harris_ Wildlife Resources: ✓Maria Dunn w/Reports State Property Office: ,JA Walton: DEED_ ✓Me Moser anda Hilliard, Real Property Agent(Bio Reports only) Shellfish Sanitation: `‘my Humphrey (Bio)/Shannon Jenkins(Pt) ✓Kn rew Haines_ DEMLR: "Ch tine Hall -Stormwater Section_ an Sams- Land Quality Section Public Water Supply: Cox City of Wilmington: Enforcement: Field Rep? c\YV\11 RFf:plvpD Co. LPO Y/ko Vim' Wort).--cvv— M4P M3 ,''L,13 Agent: Orll-hhtiO CITY DISTRIBUTED: Updated 12/2022 CAMA/Shaun majors docs/e Agency List yd4, 7� 4 N Sri/ • r A� ROY COOPER 4 uj l ' _� Governor 1" ller'N' ELIZABETH S.BISER * , Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 6, 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: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4)formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at(910)796-7425 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 RECEIVED APR 0 3 2023 AGENCY NCDMF /�G,i'ltrd .r22 DCMMP y NNE)SIGNATURE J 'G''�'�� (/ DATE 04/3/23 _E Q"'-) North Carolina Department of Environmental Quality I Division Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,Northof Coastal CarolinaManagement 28405 ����ts /'' 910.796.7215 Received: 3/15/2023 Historic Preservation Office ..� Due: 3/30/2023 ,; fir ' I :: ER 23-0672 ROY COOPER , � Governor INS ELIZABETH S.BISER No Comment -JCS Secretary *``0i'""°0, 3/31/23 BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 6, 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: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4)formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at (910)796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill-Earley RECEIVED APR 0.3 2023 AGENCY Historic Preservation Office MP SECTION DCM MHU CITY SIGNATURE c DATE 04/03/23 D E Q) North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension Wilmington,North Carolina 213405 r o•Na /s' 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00521 County: Brunswick County U.S.G.S. Quad: Holden Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ryan Ware RECEIVED Address: 3423 W Zion Church Rd Shelby, NC 28150 APR 2 7 2023 Telephone Number:704-473-4840 MP SECTION DCM MHD CITY Size (acres) Nearest Town Holden Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.914698. Longitude: -78.286312 Location description: The site is located in Waters adjacent to the AIWW at 318 Marker Fifty Five, Holden Beach, Brunswick County, North Carolina. Description of project area and activity: The proposal is to construct a private docking facility with a total of four ( 4) formalized boat slips along the AIWW. From the high ground area immediately landward of the wetland boundary, the applicant is proposing to extend a fixed access pier, extending in a waterward direction, elevated over the wetlands (approximately 390 feet by 6 feet).The fixed pier will terminate on a fixed covered gazebo "T-Head" (20 feet by 15 feet) located over open water. From the landward eastern corner of the proposed gazebo, a landing platform (5 feet by 4 feet) will provide access to a floating dock (10 feet by 20 feet), oriented parallel with the shoreline. From the northwestern corner of the gazebo, a six pole 24 K boat lift (16 feet by 15 feet) will be constructed, serving as Slip #1. On the west side of the access pier, approximately 7 feet and 20 feet landward of the southern dripline of the gazebo, two single pole jet ski lifts (each approximately 8 feet by 5 feet) will be constructed, accommodating two personal watercraft jet skis, serving as Slips # 2 & #3. On the east side of the access pier, approximately 12 feet landward of the southern dripline of the gazebo, a 10 K elevator lift (11 feet by 5 feet) will be constructed, serving as Slip #4. The docking facility will be constructed outside of the Corps 80 feet Setback Line for the AIWW. 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); X. Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.p SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated December 23, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case- by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Currey(a_usace.armv.mil. CURREY.GREGOR Digitally signed by CURREY.GREGORY.EUGEN E.10 Y.E UG EN E.105101 51011950 Corps Regulatory Official: 1950 04W023.04.2711:43:49 Date: April 27, 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/ RECEIVED Copies furnished by email: APR 2 7 2023 MP SECTION DCM MHD CITY Adam Greene (Sea Dog Marine Construction) Patrick Amico (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DCM) RECEIVED APR 2 7 2023 UP SECTION DM', MI-ID CITY Action ID Number: SAW-2023-00521 County: Brunswick County Permittee: Ryan Ware Project Name: 318 Marker 55 Dr-Ryan Ware/ Holden Beach/ Brunswick Date Verification Issued: April 27, 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 ArR 2 7 2ii2 MP sEcnon Dem MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Ryan Ware- Holden Beach, Brunswick County Date: May 5, 2023 Consistency: This project is consistent with the Town of Holden Beach Land Use Plan update. The applicant proposes to construct a private docking facility with a total of four(4) formalized boat slips along the AIWW. The project is located at 318 Marker Fifty-Five in Holden Beach, Brunswick County. Areas of Environmental Concern(AEC's) impacted by the proposal are CW, PTA and EW. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Holden Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted are classified as Conservation. In general,the Town of Holden Beach allows development in Residential and Conservation classified AECs, which is consistent with the State's minimum use standards. The Town of Holden Beach 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. This project appears to be consistent with the Town of Holden Beach Land Use Plan. Cc: File RECEIVED MAY 0 5 2023 MP SECTION DCM MHD CITY Luck, Cameron A From: Snider, Holley Sent: Friday, April 21, 2023 1:37 PM To: Pietila, Tanya K; WilmingtonNCREG; Currey, Gregory E CIV USARMY CESAD (USA); Meilinger, Michael J; Montalvo, Sheri A; seadogmarineconstruction@gmail.com; ryanware@piedmontutility.com Cc: Luck, Cameron A;Amico, Patrick J; Cannon,Amanda J Subject: RE: CAMA Major Application: Ryan Ware Attachments: GC4497 final.pdf Good afternoon All, In accordance with the attached General Certification#4497 (GC 4497),the impacts described in your CAMA major permit application do not require written authorization to utilize GC 4497. However,you are required to follow the conditions listed in the attached certification. If the conditions of the attached general water quality certification cannot be met or the project scope changes so that the thresholds listed are exceeded, additional review will be required by the Division of Water Resources and an Individual Water Certification may be required. The approval does not alleviate the need to comply with any other federal, state and local requirements before proceed with your project. The Division of Water resources has assigned the project#20230325. Any future DWR correspondence should reference this project number. Please feel free to contact me if you have any questions or need my assistance in any way. Holley Snider .. , ,><((((°>•' ><((((°> •'- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 hit DE 9e04T1,44,1 OA E•Entrannewnial Oual 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Pietila,Tanya K<tanya.pietila@ncdenr.gov> Sent: Monday, March 6, 2023 3:54 PM To:WilmingtonNCREG <wilmingtonncreg@usace.army.mil>; Currey, Gregory E CIV USARMY CESAD (USA) <gregory.e.currey@usace.army.mil>; Snider, Holley<holley.snider@ncdenr.gov>; Meilinger, Michael J <Michael.Meilinger@ncdenr.gov>; Montalvo, Sheri A<sheri.montalvo@ncdenr.gov> Cc: Luck, Cameron A<Cameron.Luck@ncdenr.gov>; Amico, Patrick J <Patrick.Amico@ncdenr.gov>; Cannon,Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: Ryan Ware 1 ,.c 51�►T'4 '"` EUZAPFTH S.RISER BRAXTON DAVIS Lnv{ron en.aiQuo,tx March 6,2023 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 1)NCDENR.gov SUBJECT: CAMA Applicant: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the A/WW in Holden Beach.Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4)formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023_ If you have any questions regarding the proposed project,contact Patrick Amico at(910)796-7425 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 Lee Padrick C G V C MAR 07 « 3 AGENCY NC Commerce MP SECTION DCM MHD CITY SIGNATURE � /' "'` DATE 3-6-23 do f N 4 ROY COOPER eks fi,,,,,,,, �� Governor •_-. ELIZABETH S.B1SER ` Secretary *4`0i'""d + BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 6, 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(cr�.NCDENR.gov SUBJECT: CAMA Applicant: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 21123 AGENCY DEMLR MP SECTIONDCM MHD CITY SIGNATURE Daniel Sams DATE 4/20/23 DE --A, North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 ap.r.ta mo+o+sv / 910.796.7215 °'"STATE,a; ROY COOPER i5. ✓1I .. : >s Governor ;�' ELIZABETH S.BISER `�,,5.. ,�". ; , Secretary e. aavV BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 6, 2023 6.23.o3•at.. aL 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.qov SUBJECT: CAMA Applicant: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 Mcric.I . —iDunin MAR 0 8 2023 AGENCY 1 V CArA KC MP SECTION DCM MHD CITY SIGNATURE _` DATE 3-$-2OZ3 D North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension ! Wilmington.North Carolina 2&405 am` _' �r 910.796.7215 d +` 4. • ROY COOPER ' rt �n RECEIVED Governor ,: ELIZABETH S.BISER *, o 1 Secretary MAR 0 2023 BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MP SECTION March 6, 2023 DCM MHD CITY 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: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4)formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 /Ma Z7/47,242. For Shannon Jenkins 3/10/2023 SIGNATURE DATE D ..,# North Carolina Department of Environmental Quality I Division of Coastal Management � Wilmington Office 1127 Cardinal Drive Extension Wilmington,North Carolina 28405 a.+r++ a � /'" 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ryan Ware 2. LOCATION OF PROJECT SITE: Site is located at 318 Marker Fifty Five adjacent to AIWW in Holden Beach, Brunswick County. Coordinates: Latitude N 33.914698 Longitude W-78.286312 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—2/2/23 Was Applicant Present—No 5. PROCESSING PROCEDURE: Office - Wilmington Application Received 1/27/23 DWR WQC Pre-filing date: 2/15/23 Application Complete 2/15/23 Day 30 for WQC Pre-filing concurrence not required 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP—Residential (B) AEC(s) Involved: EW, PTA, CW (C) Water Dependent: Private Docking Facility—Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing- Single family residence and driveway Planned - construct private docking facility with four(4)proposed formalized slips and a day dock (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER N/A N/A N/A (A) Uplands (B) Vegetated Wetlands N/A N/A 315 SF(shading) (C)Open Water N/A N/A 1255 SF (incorporated) (D) Total Area Disturbed: 1570 sq. ft. (0.036 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a private docking facility with a total of four (4) formalized boat slips along the AIWW. AFC F1td� F MAP bCM.M?,L a:1Ty Ware Docking Facility February 23,2023 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 318 Marker Fifty-Five in Holden Beach, Brunswick County. The property parcel is listed as 1.18 acres. The upland portion of the project site is vegetated primarily with ornamental grasses, shrubs, and assorted landscaping. The high ground portion is elevated approximately 6' above the normal high water(NHW) level, includes a long cement driveway,and single-family residence. Approximately 70' north of the existing residence,towards the AIWW, the elevation contour drops, and the property includes a large area(approximately 300' long by the width of the property) of joint 404/Coastal Wetlands. The species range from high marsh species to low marsh species, including Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata) Black Needlerush(Juncus Roemerianus), and Smooth Cord Grass (Spartina alterniflora). The property does not have an existing bulkhead. According to a survey provided in the application materials,the Mean High Water Line is located approximately 295' N from the upland/wetland boundary location. According to the survey included with the application,the property contains 66.49 feet of shoreline along the AIWW,which measures approximately 530' across in this area. The waters of the AIWW are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area(PNA)by the N.C. Division of Marine Fisheries.They are CLOSED to the harvest of shellfish. The water depths range from -3.6 @ NLW on the landward side of the proposed features to-5' @ NLW on the waterward end of the proposed features. PROPOSED PROJECT The applicant is proposing to construct a private docking facility with a total of four(4) formalized boat slips along the AIWW. From the high ground area immediately landward of the wetland boundary, the applicant is proposing to extend a fixed access pier, extending in a waterward direction,elevated over the wetlands(approx. 390' x 6'). The proposed fixed pier will terminate on a proposed fixed covered gazebo"T-Head"(20' x 15') located over open water. From the landward,eastern corner of the proposed gazebo, the applicant is proposing to add a landing platform (5' x 4') which would provide access to a proposed floating dock (10' x 20'),oriented parallel with the shoreline. According to the project narrative,the applicant states that heavy boat traffic and associated wakes prevent the floater from being used as a formalized slip,that no cleats will be installed,and its purpose would be solely for loading and unloading. From the northwestern corner of the proposed gazebo, the applicant is proposing to extend a six pole 24 K boat lift(16' x 15'), serving as slip#1. On the west side of the access pier,approximately 7' and 20' landward of the southern dripline of the proposed gazebo, the applicant is proposing to construct two single pole jet ski lifts (each approx. 8'x 5')accommodating two personal watercraft jet skis, serving as slips# 2 & #3. On the east side of the proposed access pier,approximately 12' landward of the southern dripline of the proposed gazebo,the applicant is proposing to construct a 10 K elevator lift (11'x 5'), serving as Slip#4. No portion of the proposed constructed features would extend into the riparian corridor setback for either adjacent riparian property. The application states that existing water depths in the vicinity of the proposed constructed features range from approximately -3.6' to -5.0' @ NLW. As proposed, the constructed features would be located within the established pier head line and within '/4 of the width of the waterbody, and consistent with the AIWW Federal Navigation Channel Setback. RFC,Fit.FO MAP 0 G ?'1173 OCM-nrtMu CITY Ware Docking Facility February 23,2023 Page 3 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 1255 sq. ft. of Estuarine Waters and Public Trust Area, and would shade approximately 315 SF of Coastal Wetlands. The docking facility would remain consistent with the established pier head line, and be consistent with the 'Y4 width of the waterbody. The proposed docking facility would not encroach into the 15-foot riparian corridor setback of either adjacent riparian property owner. Minor increases in turbidity should be expected during piling installation. The square footage of the proposed docking facility is calculated as follows: Shoreline length =66.49 ft. x 8 sq. ft.=531 sq. ft. allowable. Proposed Structures:: Proposed Fixed Access Pier(390' x 6')=not counted in platform allocation Proposed Boat lifts(1 @ 16' x 15, 1 @ 5'xl 1', 2 @ 5' x 8')=not counted in platform allocation Proposed Gangway Landing Platform=(5' x 4') = not counted in platform allocation Proposed Floating dock=(8' x 16')=200 SF Proposed covered gazebo(20' x 15') =300 SF Total proposed platform = 500 sq. ft. Submitted by: Patrick Amico Date: February 23, 2023 Office: Wilmington RPCPIVFO MAR 0 OCM-.M U CITY )0-rl so, a 1/9/ J Ie SEA DOG MARINE CONSTRUCTION ; 107 SW 9TH STREET OAK ISLAND, NC 28465 December 23,2022 Mr.Patrick Alnico Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington NC 28405 RE: (Project Narrative) 318 Marker Fifty-Five Holden Beach,NC 28462 The Owner of 318 Marker fifty Five in Holden Beach NC wishes to install a new pier at their property.The pier will extend to the existing pier head line approximately 114 Linear feet from MIIW. The pier head will consist of a 15'x20'Covered deck with and a 10x20 floating dock.Additionally,the pier head will host four boat slips.Slip#1 will be the 24K four pole boat lift.Slip#2&#3 will be elevator swinger jet ski lifts and Slip#4 will be a 10K elevator lift.Heavy boat traffic and associated boat wakes prevent the floater from being used as a boat slip. the purpose of the floater will be for loading and unloading only.No cleats will be installed on the floating dock since it will not be used as a slip. 318 Marker fifty five has a shoreline of66.49 linear feet.No riparian limit arc required to be waived for the proposed design as this property has sufficient room to support the proposed project without waivers.Please see covered area table below: Covered Area Table Description Dimensions Square Footage Floater 10'x20' 200 SF 6'Wide Pier 6'Wide Exempt Covered Deck/Gazebo 15'x20' 300 SF Gangway Landing 4'x5' 20 SF — 3'Wide Gangway 3'x16' Exempt Total Area 520 SF This project is not located in primary nursery area waters however a depth of 2'and NLW will be achieved under the floater.All boat lifts will have limit switches preventing boat lift cradles from touching the mudline. Sea Dog Marine Construction has made a site visit to confirm the site plan attached with this narrative. Q Construction will take place on the water by barge.The barge will be spudded in place during construction at the project site. �!'�S�l�� Please find the following documents attached with this project narrative: MAR O 1. DCM-MP-I Form O ?Qj3 2. DCM•MP-4 From Bill 3. 318 Marker Filly Five Location Map(Page 1 of 5) 1� 4. 318 Marker Fifty Five Site Plan(Page 2 of 5) erne 5. 318 Marker Fifty Five Pier Head Plan(Page 3 of 5) RECEiV :( , 6. 318 Marker Fifty Five Section A-A(Page 4 of 5) 7. 318 Marker Filly Five Section 13-B(Page 5 of 5) 8. NAVD888 to NI,W/NI1W Conversions PlIAN 1 7 /10 Adam Greene,PE General Contractotr NCL#82621 Mobile 91Q 6_Q85� wuivl WTo + N 0CM MP-1 APPLICATION for Major Development Permit (last revised 12127/08) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Applicant 1: First Name MI Last Name Ryan Scott Ware Applicant 2: First Name MI Last Name If additional applicants,please attach an additional pages)with names listed. Mailing Address PO Box City State 3423 W Zion Church Rd Shelby NC ZIP Country Phone No. FAX No. 28150 US 704 - 473 - 4840 ext. Street Address(if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Sea Dog Marine Construction Agent/Contractor 1: First Name MI Last Name Adam Hobby Greene Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 107 SW 9th St Oak Island NC ZIP Phone No. 1 Phone No. 2 28465 910 _ 876 _0852 ext. - - ext. FAX No. Contractor# A' �y�(7 83737 ,VI qR D Street Address(if different from above) City State ZIP �!j3 - 44 Email �C " P1r! Seadogmarineconstruction@gmail.com RFCFJVED <Form continues on back> 7 ,,,,,, J�,;i 2 . .�3 DCM WILMING I ON, NC 252.808-2808 .. 1-888-4RC:OAS'T .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Brunswick 318 Marker Fifty Five Drive Subdivision Name City State Zip Holden Beach/Supply NC - 28462 Phone No. Lot No.(s) (if many,attach additional page with list) ext. 16 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River AICW c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ['Natural ®Manmade ['Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ( Yes ONo work falls within. Town of Holden Beach 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 86.48 51400 c. Size of Individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 1.18 Acres NWL(nonnal water level) (If many lot sizes,please attach additional page with a list) 8' ®NHW or❑NWL e. Vegetation on tract Grass and Shrubs f. Man-made features and uses now on tract Residential lot With Homes g. Identify and describe the existing land uses adiacent to the proposed project site. Residential lot for homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate,if applicable) '7,IC HB-R-1 Oyes ONo ®NA fr j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No �Q k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Oyes ONo IJNA 4)l` /(-�� If yes,by whom? v^a� I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONo ISINA Ly7 National Register listed or eligible property? RECLIVED <Form continues on next page> :,BAN 2 7 2023 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes Cho (ii)Are there coastal wetlands on the site? ®Yes ❑No (Ill)If yes to either(i)or(ii)above,has a delineation been conducted? DYes ®No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. City Water p. Describe existing storm water management or treatment systems. N/A 5.Activities and Impacts a. Will the project be for commercial,public,or private use? ['Commercial ❑Public/Government Qt]Private/C ommu n ily b. Give a brief description of purpose,use,and daily operations of the project when complete. Residential recreational use and boat storage 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. Construction to take place from barge.Barge to be stored onsite spudded in position d. List all development activities you propose. Install Pier,Covered Deck,Floating Dock,Gangway,four pole boat lift,elevator boat lift and two jet ski swinger lifts. e. Are the proposed activities maintenance of an existing project,new work,or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or['Acres None/Zero g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ['Yes ®No DNA If yes,will this discharged water be of the same salinity as the receiving water? Dyes ❑No DNA j. Is there any mitigation proposed? ['Yes ®No DNA "'rr'? If yes,attach a mitigation proposal. RECEIVED <Form continues on back> JAN 27 2023 ge�l EAJfVBf. Ii\IGT�)�j NC 252-808-2808 .: 1-888-4RCOAST :: www.nccoastalmana „•rn()CM MP-1 (Page it of 4, APPLICATION for ' • • _:,...r'spmeni Permit 6 Additional Information fl, Cillopkif4fi , . • . . • '9 • /9”)In be t.onrolor9 Ann • :offron ;;,/chno)bbbklel on hOtik,WOW. r,1 ' • • • ! 4 Project narrat,/9 -- ' ar•corat, dated bork plat tr, # #• :ocioused vro,esl. 1.,a",oort r. : • r••, '9!been ar.cr 7--L Mew • .7771 -77 7.-7: 7-7-- Eleornty ale apple:at 0:1 tee C -:;,r • .1 )7— n'fr#E. a..)0 e• .` •. • : • a Mat suc.n hhlr)fisr.e./N:4 : • • • • • • • 3 day dloCh Itt ;;•; ; •• / !,;". • • -71—.,,,re—T&CW-Propeet.es r rr0 Arldrexs 3205 Charneliot Lar #r,,, Y.2' ' riarlue 14arm John Ferrell ---- — ;r f•••••• 4dcife's 128 L;fit Parls t, viat t • s: • • •-- 1 ,!1 st rive-.019 st.tirt• `ectt...ni t• ; ' : . . - —_--_-___ — ; anoci ,1&####:#.110t, '• . plE'l AEC 4oil4k1h.i! J...); • 7_77_7_ ; 7,sime„,ent - - — • !tire # 4 Duble..U'hiS for U%'.: a•' • • • • "." .i• 7: • • - AC! 1. Certification and Permission to Enter on Land 1 understand Rot any perrnit "777 • %! •‘• " " aPPI cation 1.fl paled MI be stibe/st!r,the " t, •• : "....ttity that I WrI alttnIPZed to grer E:( •' • : - • : ••ed./agenc,es r,1er on the irinrov:e'llit;neu 1.-/n%s t. . , • : • 1. : "- • •• arr.: fotow-orj p ',toting of rite proo.--t! cefofy Ira!inforena•le";•-• •:- ; • • • " - • 12,21,22 14FCF.,WPC, MAR G 2013 Qd.ft Glate-evL a-e oncirc.o!F: ?s r.. '? • • •, trjr:/CM SAP-2 Ext_+/abort aryl f ill , cy3, s P -• CITy IDI)Cf+I MP-3 Uolemo De ieloornir PIDCtif MP-4 Structures Inforry - RECEIVED JAM 9 7 902' LCM VVILMNG roN, Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ['This section not applicable a. (i) Is the docking facility/marina: b. (I)Will the facility be open to the general public? ❑Commercial ❑Public/Government ©Private/Community ❑Yes ®No c. (i)Dock(s)and/or piers) d_ (i)Are Finger Piers included? :Yes ( No (ii)Number 1 If yes: (iii)Length 3R (Ii)Number (iv)width 6'Pier/10'Floater (ill)Length (v)Floating ®Yes ❑No (iv)Width (v)Floating Dyes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ElYes ❑No If yes: If yes: (ii)Number 1 (ii)Number 4 (iii)Length 20' (Hi)Length 14'4-Pole lift/12'Elevator Lift/8'Jet Ski Swinger (iv)Width 15' (iv)Width 14'4-Pole Lift/8'Elevator Lift/4'Jet Ski Swinger (v)Floating ❑Yes ([No Note: Roofed areas are calculated from dripline dimensions. g. (I)Number of slips proposed h. Check all the types of services to be provided. 4(Floater Excluded due to Boat Traffic and Wakes) ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 0 ❑Dockage,fuel,and marine supplies ❑Dockage("wet slips")only,number of slips: [Z]Dry storage;number of boats: 4 ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served e.( g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel Open Runabout ❑Open water;no dredging required [Other;please describe: N/A k. Typical boat length: 28 I. (I)Will the facility be open to the general public? ❑Yes ®No m. (I)Will the facility have tie pilings? RECEIVED ❑Yes ®No (ii)If yes number of tie pilings? AN 27 2023 DCM WILMINGTON, NC 252-808-2808:: 1.888-4RCOAST::www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®TMs section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ▪ Office Toilets D Toilets for patrons;Number: ; Location: ❑Showers • Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c_ Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge'signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing Industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and'No Wake"signs proposed. I. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? 4P k. Describe design measures that promote boat basin flushing? MAR 0 6 2023 DOtit.iwilb cm/ I. If this protect Is an expansion of an existing marina,what types of services are currently provided? t-?E C E I V E rj AN 27 2(0 DCM WILMINGTON, NC 252-808-2808::1-888-4RCOAST::www.nccoastalmanagement.net revised:12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? Oyes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ['Yes ❑No o. Is the marina/doddng facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ['None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ['No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) [21Thls section not applicable a. (I) Is the boathouse structure(s): ['Commercial ❑Public/Government ❑Private/Community (ii)Number (iii)Length (iv)Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood,sheetpile,etc. If a rock groin, use MP-2,Excavation and Fill.) tnThis section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile,etc.) ®This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS giThis section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community c• Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. RFCrA/Pt e. Arc of the swing RECEIVED MAR 06 ;; / ,JAN 2 7 ?0;-- OO M-Iwj-1L) tart, DCM WILMINGTON, NC 252-808-2808::1-888-4RCOAST::www-nccoastalmanagement.net revised:12/27/06 7 GENERAL .� ,`' .. . .' v��` _ ' ,,hL»"^x� [y.� L8- OTHER - - -' - _- - -' '------__-_'---_--' '--_-- -' ' -- -'--- ' ' - -- __---- _ - —_- 1za,2o 4 are cm<imVw� . X,_, �= cant ��� -- __- 'C-- 'z"'a��,.� RECEIVED ___ jAN 2 " >8/.� DGM-10HO rrry OCK8VV)LK0/NGTON. NC ROY COOPER - "` ''` ' Governor ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 3, 2022 Sea Dog Marine Construction do Adam Greene 107 SW 9t Street Oak Island, NC 28465 Dear Mr. Greene: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ryan Ware, for State approval for development of the subject property located at 318 Marker Fifty Five Street, adjacent to the AIWW in Holden Beach, Brunswick County. It was received as complete on February 15th, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 1, 2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 15, 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, Patrick Amico Field Representative cc: WiRO, DCM USACE RFOFIVFD DCM, MHC DWR Town of Holden Beach, LPO MAF 96 /� DClin-I',<ii-Ita urry North Carolina Department of Environmental Quality I Division of Coastal Management DE O" JJ{///� Wilmington Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 28405 NORM CAROuNA aEnlreoarankel�03 /W4 910.796.7215 :,.:; w it . ► 4 .11. . • CAM A PERMIT A-PPLIED FOR PROJECT; , . Applicant proposed to construct a Marker Fifty Five, adj _ to the AI A/ in Hnkien Beach, Brunswick County COMMENTS ACCEPTED THROUGH March 29, 2023 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ryan Ware 3423 W Zion Church Road . Shelby, NC 28150 12T Cardinal Dr. Ext. 4gent- SCEn Dng Marine 1 n7lrig O Adam Greene Patrick Amicv (910) 796-7425 (910) 878-0852 ROY COOPER .4 10 1::* " Governor ELIZABETH S. BISER Secretary NORTHCAROLINA BRAXTON DAVIS r nutron•nentai Oaolil i Director.Division of Coastal Management March 3,2023 GanLegPubNotices7@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Greg and Caroline Gianoplus—Pender County • Ryan Ware—Brunswick County • Thomas Holland Jr.—Brunswick County Hello: Please publish the attached Notice in the Wednesday,March 8,2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number:910-796-7226(Customer No. 489895) Thank you for your assistance in this matter. OPcerely, 6 aK. ihtila •ermitting Support&Customer Assistance cc: MHC Files Cameron Luck—MHC USACE ;`P1-'g.,:IPA MQk tl 6 2,,1, State of North Carolina I Environmental Quality I Coastal Management h,. p�� 127 Cardinal Drive Ext.,Wilmington,NC 28405 919 796 7215 �eY�-lvirtb Wry 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 2, 2023, Greg and Caroline Gianoplus proposed to construct a new four(4)slip private docking facility at 312 Olde Point Loop, adj. to the AIWW in Hampstead, Pender County; On March 2,2023, Ryan Ware proposed to construct a four(4)slip private docking facility at 318 Marker Fifty Five,adj.to the AIWW in Holden Beach,Brunswick County;And on March 2,2023, Thomas Holland Jr.,proposed to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing, resulting in the filling of approx. 250 saft of Coastal Wetlands at 122 Sanford St., adj. to the AIWW in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (Brunswick County) or Jason Dail (Pender County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Amico) or(910) 796-7221 (Jason Dail) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 29, 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 and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RFCPIVPD �C:hh-lJtr-�� k.,rr 12:48 t-r." • [External] Prefile Request From: :11 Sent: Wednesday, February 15, 2023 6:13 PM To: 401 PreFile <401PreFilegncdenr.goy> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov> Subject: [External] Prefile Request CAUTION External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to iiepor t Spam Good afternoon, This email is a request to pre file for the project at 109 SW 9th street of which a CAMA Major Permit has been applied for. Please find documents attached. Thanks! , • r f t, . ••;,(. • .1•32.1Lit DC C 1 - Gvti, le .tody evtilaria C)o re-re e oce s 4 el ;-cre 'yr./ e c.f oi .5.iv e \ -*1 ,S was r-k-4 a r ci 1-ve pc[-( ( 3 /1/1a4(tfr vt,o5 p( bir a PP' calki` evk do-4e RECEIVED FEB 1 5 ?(12.i DCM WILMINGTON. NV. 1-f MAR pc 011-111111 (.;ITY DocuSign Envelope ID:A7E6908B-3EA8-4E81-9AAB-6704A86C1740 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Ryan Ware Mailing Address: 918 CRAWLEY GIN RD SHELBY, NC 28150-9513 Phone Number: 704-473-4840 Email Address: ryanware@piedmontutility.com I certify that I have authorized Sea Dog Marine Construction, LLC Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: pier, floater, gangway, pierhead at my property located at 318 Marker Fifty Five, Holden Beach, NC in Brunswick County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: ,-00cu31WKl by: Signature Ryan Ware Print or Type Name Owner Title I /7/13/2022 Date RECEIVED AN 2 ^, ?023 This certification is valid through I I 0CM WILMINGTON, NC MAr' c i ti ?C?:a DCM-virtu CITY A Doc4SIgn Envelope ID:A7E8906&JEA8.4E81-9AA&8701A88C1740 CERTIFIED MAIL• RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner.Ryan Ware Address of Property: 318 Marker Fifty Five, Holden Beach, NC;Brunswick County (Lot or Street#,Street or Road,City&County) Agent's Name#: Sea Dog Marine Mailing Address: 107 SW 9th Street Agent's phone#: 910-876-0852 Oak Island, NC 28465 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 description or drawing.with dimensions.must be provided with this letter. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed,you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanaeementnetMreb/cm/staff-listing or by calling 1-888-4RCOAST. No response/s considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock,mooring pilings,boat ramp,breakwater,boathouse,or lift must be set back a minimum distance of 15'from my area of riparian access unless waived by me.(If you wish to waive the setback,you must Initial the appropriate blank below.) I do wish to waive the 15'setback requirement. I do not wish to waive the 15'setback requirement. (Property Owner Information) (Riparian Property Owner Information) 4.- Sixl 'I71)21r° Signature Ryan Ware T&CW PROPERTIES LLC Print or Typo Name Print or Typo Namo 918 CRAWLEY GIN RD 3205 CHANCELLOR LANE Mailing Address Mailing Address SHELBY,NC 28150-9513 MONROE,NC 28110 City/State/Zip _ — City/State/Zip ryanware@piedmontutility.com Y r 396 ,.c( v( <<,," Telephone Number/Email Address Telephone Number/Email Address 7/13/2022 bare Date (RovisedAug.2014)RFCEIVEL) RFCF1IVFR JAN ;).', 1� 3 '—' t ►a ILMINGTON. N(' a (;Ivl—IVIriL) (;ITY 0 U.S. Postal Service' CERTIFIED MAIL' RECEIPT Er Domestic IUail Only i" For delivery IRformat,u , , fti ,Ili gS .. .: I C I A &-*f is s r. 43 Certified Mall Fee Fs- _ '0 Extra Services&Fees eoz add lop u eppropee.) ❑Return Receipt piarocopy) $ _ O ❑Return Receipt(electronic) $ Postmark O ❑Certified Mail Restricted Delivery $,__ _ Home ❑MIA scn m.a Rcqueed $_ _-- ❑Adult Signature Restricted Delivery$.. p Postage 'n $ 0- Total Postage and Fees v. Sfieel o I II,olr PaiSon x G/� I C f� I 1 C�iy,-$fefe, t`.`.`r.!A+ f 01 1 1�? P r l vV NC D I r PS Form 3000,April 20151 RFCFIVFD RECEIVED MAR 0 G JAN 2 7 DCM4\/ HU V I DC,M WILMINGTUN. NC NC Division of Coastal Management AEC: yJTv‘J �^ Fee: $ 6v # W1 Major Permit Application Computer Sheet CDAITS MHC cc Applicant: t.!" 4 0 411,44 Agent/Contractor: S Q/ Project Site County: QJ„vasty i tLIC, Staff: � it District: Wilmington Project Name: '�n Rover File: n/a River Basin: L Initial date of application submittal: 1 Date application "received as complete"in the Field office: Z Et Permit Authorization: AMA ❑ Dredge&Fill❑Both W SITE DESCRIPTI /PERMIT INFORMATION_�/ ORW: ❑Yes No P A: ['YesI/lo Photos Taken: Yes❑ NoRII"-' Setback Required(riparian): 'es ❑No Critical Habitat:EYes tNo ❑Not Sure 15 foot waiver obtained es o Hazard Notifi lion Returned: ['Yes OM SAV: ❑Yes I:o ❑Not Sure Shell Bottom: DYes LNrNo ❑Not Temporary Impacts: ['Yes T No Sure Sandbags. ❑Yes No ❑ Not Sure Did the land use clasVtation come Mitigation�wred(optional): from county LUP: NTes ❑No ❑Yes o Moratorium �onditions: _F ._ Environm' aI Assessment Done: -Length of Shoreline`--- ❑Yes lI o ❑NA ❑Yes No❑NA 66 FT. Shellfish Area Designation_ Project Description: (code) Development Area: (code) I Open -or- 2 • - 7 SECONOAR WATER CLASSIFICATION -OPTIONAL(choose MAX of 4) ❑ Fut •• Nater Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) ❑ Swamp Waters(SW) II igh Quality Waters(HOW) ❑Outstanding Resource Waters(ORW) WETLANDS IMPACTED+,/O_ l - ❑ (404) Corp of Engineers (Jurisdictional . ❑ (LS)Sea lavender(Limonium sp.) ❑ (SS)Glasswort(Salicornia sp.) wetlands) ❑ (CJ)Saw grass(Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY)Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS)Salt or spike grass(Distichlis ❑ (SC)Bullrush or three square(Scirpus ❑ (TY)Cattail(Typha sp.) spicata) sp.) ❑ (JR) Black needterush (Juncus ❑ (SP) Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 1 11(A) Private w/D&F up to 1 acre,3490 1 ❑ 111(D) Priv.public or comm w/D&F to 1 can be applied-$250 1 acre;4144 can't be applied-$400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit-$100 permit -$250 l more than 1 acre -$475 ❑ Permit Transfer- $100 i ❑ III(B)Public or commercial w/D&F to 1 I 0 Express Permit-$2000 acre; 4144 can be applied -$400 El Major development extension request- ❑ II. Public or commercial/no dredge 1 4'4 f. $100 j and/or fill-$400 ' I ❑ I. Private no dredge and/or fill -$250 , ❑ III(C) Priv public or comm w/D&F to 1 I I acre, 4144 can be applied; DCIvt needs I I 1 DWQ agreement-$400 , Major Permit Fee Schedule Project N amC L � County: ,r � Check No &Amount: W C(t1� 4�,ct ,�i ?"(i,vv ( 50 .00 O ai Development Type Fee DCM % DWQ (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III.For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B,C,or D below applies: III(A). Private,non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No.4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No.4175 can be applied: III(C). If General Water Quality Certification No.4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No.4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: M.AF. �. : ��t`ST w ROY COOPER i(S' lit u '�. Governor = O vt . s, arc; ELIZABETH S.BISER n a Secretary "., aw,v "- BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 6, 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.luckNCDENR.qov cni SUBJECT: CAMA Applicant: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 29, 2023. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 RECEIVED MAR 06 2023 OCM-Mh-tb ;ITY DNorth Carolina Department of Environmental Quality I Division of Coastal Management EQ Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NOR1H cAROuNA ' °+'10."°' � /6" 910.796.7215 Applicant: WArt 1)OCE rh /'C. (i i Date: Z 5 /23 V 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 ___ILS New Work LY Replace l 3qo i t Maint❑ ❑Y N 7 5 I MaintNew ❑rk 0 YRepla OfN aQ I 0 New Work Replacee ^' EL Maint El Y T N 5 a -1- New Work Replace/ heA , Maint❑ ❑Y L'7 N 20 15 (� New Work IV"Replac�e ►'/t, I Maint ID V LAN N lb L a�] New Work Replac�e/ Maint❑ ❑Y r N g- S New Work I Replace ze �� f Maint 0 t ❑Y Lr7 N i1 5 -- New Work❑ Replace 1 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. 1 TOTAL Feet 1 FINAL Feet (Applied for (Anticipated final (Applied for (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact I temp impacts) impact amount) temp impacts) amount) StiudQ �/) 1/ CV,,/ Dredge❑ Fill❑ Both 0 Other 1V ?i5 315 0 W inc IV Dredge 0 Fill❑ Both ❑ Other la" � a ( I a Dredge❑ Fill 0 Both ❑ Other ❑ I ` Dredge❑ Fill 0 Both ❑ Other ❑ Dredge 0 Fill❑ Both 0 Other 0 Dredge 0 Fill❑ Both ❑ Other 0 i Dredge❑ Fill 0 Both ❑ Other ❑ LDredge CIFill❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02:26i18 RECEIVED SWING JETER ILIFT MAR 0 6 2023 SKI MF SECTION J DCM MHD CITY • n n i n n i NHW — — — — — — — — — — — / NAVD 88: 0.0' S, — — — — j — — — — NLW try, — — — — — MUDL NE RECEIVED jj % JAN 2 7 20— sr 0 F t� DCM WILMINGTON NC ' 'I SECTION B—B (PAGE 5 OF 5 1110 MR.RYAN WARE 11 . --- IIIIIIIII 318 MARKER FIFTY FIVE I HOLDEN BEACH,NC 28462 12/23/22 910.616.0652 RECEIVED MAR 06 "i123 24K BOAT LIFT MP SECTION DCM MHD CITY I i 0 % 4' % 1 MHW - -j - - - - j - - - - - INAVO 88: 0.0' - -s p% _J - / - - - - -- _ _I 7 MLW 2I %2 1.3' 0 O��/j�' 1.1' % - 10X20 FLOATER 1, / ' % MUDLINE RECEIVED JAN 2 7 20'3 AHG VERIFY GROUND f W. l PROFILE ONE SURVEY IS RETURNED DCM WILMINGTON,NC 0 GP G) SECTION A-A(PAGE 4 OF 5) MR. RYAN WARE NTS 318 MARKER FIFTY FIVEe ONSSQv ' HOLDEN BEACH,NC 28462 12/23/22 910-876-0852 cean. NC T.M.:75 Datums for 8659182, Oak Island, Atlantic Ocean, NC All figures in feet relative to NAVDB5 Epoch: 1983-2001 Datum: NAVD88 er. SC • �MHHW:2.16 2- DH : 0.37 Description F1HW.1.79 Mean Higher-High Water 1" Mean High Water Mean Tide Level Mean Sea Level MSL:-0_•• GT:5.27_ Mean Diurnal Tide Level + _ __ MN:4.72 'vlean Low Water Mean Lower-Low Water MIL North American Vertical Datum of 1988 t:, Station Datum :c '`' • - MUM-Z.94' Great Diurnal Range Mean Range of Tide k:S Mean Diurnal High Water Inequality Mean Diurnal Low Water Inequality datums tor Greenwich High Water Interval(in hours) Snowing 8659182 Oak Island,Atlantic... - Greenwich Low Water Interval(in hours) Highest Observed Tide RECEIVED Datum 1996 10:12 Highest Observed Tide Date&Time NAVDsa MAR 0 6 7_023 Lowest Observed Tide 1978 17 48 Lowest Observed Tide Date&Time Data Units •. Feet MP SECTION DCM MHD CITY Highest Astronomical Tide C. Meters 2011 12:06 HAT Date and Time Epoch ...a. Present(1983-2001) RECEIVED Lowest Astronomical Tide • • 2036 06:30 LAT Date and Time Superseded(1960-1978) JAN 2 7 2023 subinil DCM WILMINGTON, NC -4' `,...,,,f•.`-'-• - ,47TE•cmg,k,„„::•'..-.=!Mikt.ICIMIIIISia"="Mr"- ,...‘ 318 Marker Fifty Five Location Map -..., -,..- *, -- , . „ .! ' .• --', Legend Proposed Pier for Mr. Ryan Ware 5 r,c.,-e--( I c-- 5 '.4. .i ' . . . 4.401 .'' ..>.: -; ... ''..- I Pr I .: 318 Marker Fifty Five Ave ..-IF...7......... . ..; ...4. . -y- ...::._ ,,,,,k.........:- . • - I V>-..fi - - t. . - '-&''''.. ; . .. -- .,r,......-.. t, , ._.. .w..., . :-- Atlantic InREGIENEElay ,.. : •••• •-•:,, `er-' , ,,...1•:z- e :::,-1-'''. ,,,:: -* .,. .. .,.._. ...., . ,• ;---I,;': .1c--..-:..., ' ... i .! 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I 24K BOAT LIFT CrfY INTRACOASTAL WATERWAY 15' RIPARIAN OFFSET I 10'X20' FLOATER FL ATING LI IT, TYP 5' 15'X20' COVERED DECK ICW SETBACK SocK , I + DOCK CAM A/NC BUILDING CODE ALLOWANCE r O ��� 8 SF/LF I 66.49 LF 531.92 SF pOC I 4tI. 13' MAX ALLOWABLECOMPONENT 400 SF I. MAX ALLOWED BY GENERAL PERMIT 800 SF JET SKI LIFT, YP.I ® 10K ELEVATOR BOAT LIFT MAX ALLOWED BY MAJOR PERMIT 2000 SF • MAX ALLOWED FOR NON-WALKWAY 576 SF AREA'S BY BUILDING CODE CP EDGE OF COASTAL I �9� ��� WETLANDS COVERED AREA TABLE FLOATER 10x20 200 SF PIER HEAD (COVERED) 300 SF GANGWAY LANDING 20 SF Z MHW PIER EXEMPT </= 6' 6' WIDE PIER TOTAL 520 SF O 13 g° N On 410 Q _,-.a -C� N {{�� 0-)l-O 0 + 0-) V'�^9D (P TO Crl-0 Fr,..I LE) GENERAL NOTES. 0 w O C- I)CO r-7--O 1. SURVEY BY MR. GEORGE HART OF SALTWATER i' UJfn N OM Z 0 _ • SURVEYING, PC, DATED 6/22/2022. w�00 W D z 2. WIDTH OF WATERBODY FROM EDGE OF COASTAL0 WETLANDS EDGE TO EDGE MEASURES -'540'+ w rn ��-rlm RECEIVED 3. MAX PILE SPACING 8' ALL DIRECTIONS. r +� -O�XIrrl 4. PILES DRIVEN TO 8' MINIMUM. n 70 0-D X)70 JAN 2 7 2023 5. ELEVATION DATUM NAVD88. -P 0mm 6. MLW = -2.94 NAVD88 V/^ 7. MHW = 1.79 NAVD88 : p-Fr 0(i DCM WILMINGTON, JC WETL.ND LIMIT GRAPHIC SCALE IRF DO ,i 50 0 25 50 100 200 . r SITE PLAN (PAGE 2 OF 5) No— ems ;'' ( 1N FEET ) 4.1 MR. RYAN WARE 1 inch = 50 ft. 318 MARKER FIFTY FIVE NS �V' \ HOLDEN BEACH,NC 28462 12/23/22 910.816-0851 I 10x20' FIOATER 24k 4-POLE BOAT LIFT (WAKE ACTION PREVENTS FLOATER \ ��JJ (SLIP #1)� D6.5' FROM BEING USED AS BOAT SLIP) 0 5.02 9 0 C � —4.74 b GRAPHIC SCALE _�5 I I 20 0 10 20 40 80 —. _ I y — 13.3' -4.14 14 4' ( IN FEET ) / m 1 inch = 20 ft.3 0 C / JET SKI SWINGER AL ' 15X20 HIP ROOF (DR•LINE TO DRIPLINE) RECEIVED NV LIFT (SLIP #2) 6 66 MA TERRIB META ON 2X4 PURLINGS PITCH: 6:12 JET SKI SWINGER 1. MAR 0 6 +; l LIFT (SLIP #3) 114' m MP SECTION 10K ELEVATOR LIFT GENFRAI NOTES: DIM MHD CITY (SLIP #4) 1. SURVEY BY MR. GEORGE HART OF SALTWATER SURVEYING. PC, DATED 6/22/2022. 2. WIDTH OF WATERBODY FROM EDGE OF COASTAL I WETLANDS EDGE TO EDGE MEASURES =540'+/-. 3. MAX PILE SPACING 8' ALL DIRECTIONS. I 4. PILES DRIVEN TO 8' MINIMUM. 5. ELEVATION DATUM NAVD88. 6. MLW = -2.94 NAVD88 7. MHW = 1.79 NAVD88 C P 16 6 . 4 9 'I C P EDGE OF COASTAL WETLANDS RECEIVED It — ;i 75 JAN 27 2023 JF36 MHW DCM WILMINGTON,IIC ... 44 A� F37 �� • NV .80 Qi pa r4 Z- SITE PLAN (PAGE 3 OF 5) MR. RYAN WARE Ai 1 • O 318 MARKER FIFTY FIVE M HOLDEN BEACH,NC 28462 910 816.0852 ur,c i 12/23/22