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HomeMy WebLinkAbout182-05 GMC Real Estate Inc. X Permit Class Permit Number NEW 182-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission er it copy for X Major Development in an Area of Environme pursuant to NCGS 113A-118 „ An Ill I Excavation and/or filling pursuant to NCGS 113-229 'C.. Issued to GMC Real Estate Inc.,PO Box 2226,Wilmington,NC 28402 ' a orehead City DrM . r Authorizing development in New Hanover County at on the Cape Fear River, 10 Nun Street, Wilmington , as requested in the permittee's application dated 8/10/05 (MP-1) and 10/7/05 (MP-4), including the attached workWan drawings (5), dated 6/2/05 This permit, issued on November 23, 2005 , 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility 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. 2) This permit authorizes only the docks, piers, 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. r Any maintenance work or project modification not covered Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its Conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees ` that your project is consistent with the North Carolina Coastal Management Program. Signatu Permittee r t GMC Real Estate Inc. Permit#182-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt s ade by the permittee to prevent the full and free use by the public of all navigable wat s ' t the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. s 5) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury,.. which may be caused from existing or future operations undertaken by the United States in the public interest. 6) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes a maximum of ten boat slips NOTE: Any proposal to add one or more additional boat slips to the authorized 10-slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Cultural Resources Protection 8) If the permittee discovers any previously unknown historic or archaeological remains, including but not limited to shipwrecks, while accomplishing the authorized work, he will immediately notify the District Engineer, Wilmington Branch, U.S. Army Corps of Engineers at (910)251-4511, who will initiate the required State and Federal coordination. t 9) At least one week prior to initiation of construction, the permittee shall contact the N.C. Division of Archives and History(DAH) at (919) 733-4763, and provide this agency the opportunity to monitor construction. If significant archaeological features are exposed, the DAH will be allowed reasonable time to record and/or recover features prior to the continuation of construction activities. 10) The proposed project must receive approval from the Wilmington District Historic Commission prior to commencement of the permitted activities. F �:KEY}hCdO-0Oa'-0.0{S-07047.N�-044{.p'0'Oh`K�-}:.QyJ4S0'-0-W.'ti0-0Ckty'lX>44C4C�da4V.�:vK41:v`O-0+'.C.OQi.}p}.'NK<.)gy.;.}WtNCpy.7CCti�\4'-0CCC40-04X�J�d}WMa�.�}7:K�}YJi� • 1% 0*4<IX 44K-N� .:.�� r Real Estate Inc. Permit#182-05 Page 3 of 3 <A ADDITIONAL, CONDITIONS General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon f� due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions ;; caused thereby, without expense to the United States or the state of North Carolina. )to claim shall be made against the United States or the state of ;North Carolina on account of any such removal or alteration. 12) The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has been reported in North Carolina waters. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which may Be Used by the West Indian Manatee in North Carolina" shall be followed. r 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 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: 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: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051629. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501148. a;a:a}oo-a-�auoaao-k.ao-a.ti.arooaoaa,t-rri:,�-r}u,.>:,vr.�:.�o-cco-.•c�;o:.u-.v-Nxkw::-to.taw.o-r�.wtc:.rar:-oo-rx-xv-:.;.a.aac-xoo-tiw,-:.wc.r:ua.rct-.o-w,�r>-.w.x�warr A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary November 23, 2005 GMC Real Estate,Inc. ATTN: Mr.Gene Merritt P.O.Box 2226 Wilmington,NC 28402 Dear Mr. Merritt: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gene Merritt(Governor's Landing) 2. LOCATION OF PROJECT SITE: East bank of the Cape Fear River,south of Nun St.,in downtown Wilmington-New Hanover County Photo Index-2000: 204-211 N, 17-18 1989: 179-37:S,T-12,13 1984: 15-187:J-13 State Plane Coordinates-X: 2317514 Y: 176287 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 8/22/05 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received—8/16/05 Office-Wilmington 6. SITE DESCRIPTION: (A)Local Land Use Plan-Wilmington-New Hanover Land Classification From LUP-Developed and Conservation(AFC's) (B)AEC(s)Involved: EW,PT (C)Water Dependent: Yes (D)Intended Use: Private (E)Wastewater Treatment: Existing-None Planned-City of Wilmington (F)Type of Structures: Existing-Nine unit condominiums,driveway and bulkhead Planned- 10-slip community docking facility and elevated boardwalk (G)Estimated Annual Rate of Erosion: n/a Source-n/a 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands 4,476 sq. ft. (open water (C)Other (high ground disturbance) (D)Total Area Disturbed: 4,476 sq. ft. (E)Primary Nursery Area: yes (F)Water Classification: SC Open: no shellfish resources 8. PROJECT SUMMARY: The applicant is proposing to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Gene Merritt(Governor's Landing) Page 2 9. PROJECT DESCRIPTION, The project is located on the east bank of the Cape Fear River, adjacent to the south side of Nun Street, in downtown Wilmington, in New Hanover County. The property is a .85 acre tract, with approximately 220 feet of river frontage and measuring approximately 175 feet in depth. The property has an average elevation of+20 feet above mean sea level. A nine unit condominium building with associated gravel driveway and parking are currently under construction at the project site.A new 185 linear foot bulkhead and an approximately 80 linear foot brick wall stabilize the shoreline of the property. The new bulkhead terminates about 80 feet from the southern property line,at a sandy estuarine beach area.Highground vegetation consists of ornamental vegetation and several mature hardwood trees. Waterward of the bulkhead are patches of mixed coastal/404 type wetland vegetation,including:Carex spp.,Giant Cordgrass(Spartina cynocoroides), and Smooth Cordgrass (Spartina alterniora). The Cape Fear River is approximately 1000 feet wide at the project site. CAMA Major Permit No.98-99 was originally issued on 10/13/99 for a nine unit condominium building,a ten slip community dock and elevated boardwalk. The permit was amended on 10/21/99 for additional shoreline stabilization. Construction of the 185 linear foot wooden bulkhead was completed, however, the construction of the condominium building and elevated boardwalk was initiated,but not completed. Construction of the community dock was never initiated.CAMA Major Permit No. 98-99 expired on 12/31/02. Waters of the Cape Fear River are classified as SC,by the NC Division of Water-Quality.There are no shellfish resources in the project area.At the project site,the Cape Fear River is designated as a Primary Nursery Area(PNA),by the NC Division of Marine Fisheries. The highground portion of the project is classified as"Developed"by the Wilmington-New Hanover Land Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood plain are classified as "Conservation". PROPOSED PROJECT: The applicant proposes to construct a ten-slip community docking facility and an elevated wooden boardwalk. The new community dock would serve the existing nine-unit condominium complex on the property. Landward of the new bulkhead,the applicant would construct and subsequently dedicate to the City,a wooden boardwalk, 12 feet wide by 200 feet long,which would be consistent with the City of Wilmington's 1984 Riverwalk Improvements Plan. The public boardwalk would be elevated over the unvegetated shoreline.The applicant also proposes to construct a dock with a boat slip for each of the existing nine units within the condominium building and one additional slip for owners guest use.A 24foot long by 4foot wide access ramp would be constructed from the new bulkhead to a 10 feet wide by 8 feet long ramp landing. The landing would then terminate in a proposed floating dock,which would be located parallel to the shoreline. The floating dock would be 140 feet long and 8 feet wide,with five perpendicular finger piers,each 30 feet long and 4 feet wide, located 35 feet on center,on the waterward(west)side of the main dock.Two mooring pilings would be installed north and south of the floating dock to complete the end boat slips. Additional mooring pilings would be installed between each finger pier to create the proposed ten boat slips. The structure would be located landward of the harbor line of the adjacent federal channel. The applicant is processing this major permit application for the 10-slip community dock due to an oversight,which ultimately led to the expiration of the previous permit. Gene Merritt"Governor's Landing" Page 3 10. ANTICIPATED IMPACTS• The proposed community pier would incorporate approximately 4,476 sq. ft. of estuarine waters and public trust area. River bottom disturbance and temporary turbidity increases would be associated with the construction. The project would provide boating access to the condominium owners,as well as,expand the City of Wilmington's Riverwalk project,by the dedication of the public walkway. Submitted by: Robb Mairs Date: 8/22/05 Office: Wilmington Recommendations for State Permit—Gene Merritt "Governor's Landing" I have no objections to the project subject to standard permit condition for pier facilities of this type: 1. This permit authorizes only the docks,piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary, may become a permanent part of the structure without permit modification. No non-water dependent uses of structures may be conducted on, in,or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain,at his expense,any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,on authorized facilities. 5. In order to protect water quality,runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project,and,the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 8. This permit authorizes a maximum of(10)boat slips. At no time shall more than(10)vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act(NCEPA). Form DCM-MP-I QG+��CF/V� A C"NCT CN�NC APPLICATION 162005 (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Wilmington, NC 28401 c. Street address or secondary road number ** a. Landowner: Gene Merritt — 10 Nun Street Name GMC Real Estate Inc. d. Is proposed work within city limits or planning jurisdiction? X Yes No Address P.O. Box 2226 e. Name of body of water nearest project (e.g. river, City Wilmington State N.C. creek, sound, bay) Cape Fear River 28402-2226 910 .343 .8083 Zip Day Phone Fax 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Ronald W. Sparks, PE Name sp arkG Fngi nePri ng,PT.T.C_ a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and Address 206 North 1 3Th St. excavation and/or filling activities. Citv Wilmington StateN.C' - -- - - _ River walk extention, 10 boat slips. Zip 28401 -431 day Phone 91 0 .232 .4278 b. Is the proposed activity maintenance of an existing project, new work, or both? Both Fax 910 .762 .7646 c. Will the project be for public private or commercial C. Project name (if any) Governor' s Landing use? private & Public (city) d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOM Permit will be issued m name oflmidawner(s), andior project. If more space is needed, please attach project name. additional pages. Residential units, Interio Parking, 1 boat slip per unit+ 1 visitor slip( 10 total) . River Walk extention to match City 2. LOCATION OF PROPOSED River Walk. All structural systems PROJECT are timber. a. County New Hanover ** Please see Permit # 98-99 Issued 10 .21 .99 Revised 03/95 RECEIVED Form DCM-MP-1 DCM WILMINGTON, NC AUG 1 g 2005 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS _ NA— City Sewer a. Size of entire tract -853 Acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 9 lots @ 75 ' x21 ' wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface Runoff NWL in ' Aprnx d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. City water main .insta e e. Vegetation on tract Palm Trees, Grass, Box hedges f. Man-made features now on tract Proi ect is complete except for boat Slips 5. ADDITIONAL INFORMATION River walk. g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Consult the local land use plan.) following items must be submitted: Conservation Transitional X Developed Community • A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then Historic District —Residential forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Attach Zoning compliance cerytflcate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an X Yes No H•D. Certificate adequate number of quality copies are provided by Issued on 10 .8. 1998 applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Anach doatmentation, ;f available) guide agency personnel unfamiliar with the area to the Revised 03/95 - RECEIVED DCM WILMINGTON, NC Form DCM-MP-1 AUG 16 2005 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name ** I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name ** permit application and follow-up monitoring of the Address project. Phone Name ** I further certify that the information provided in this Address application is truthful to the best of my knowledge. Phone This is the 1 0th day of Auqust, -49. 2005 • A list of previous state or federal permits issued for Sparks Engineering,PLLC work on the project tract. Include permit numbers, Print Name parks,PE permittee, and issuing dates. CAMMA Permint 98-99 Signature Issued I4nd—r or Authorized A • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information application. — DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. ** See Attached Sheet Revised 03/95 OCT-07-2005 11:24 From: To:912522473330 P.3 VI.; I -lar—.Zid LIM l l : I& MI'l :5MMK0.S =HUI NCC.K J NV ,•6L-41 law fox 1p-to I'•Wti OCT-06-= M 5C r;r oml To 1910TM7646 Form DCM•M'-a 1 STRUCTURES (Constructlor, wttlttn rublic Tmat Area) Auch this kM to ]olat Applkuioo k? CAM.A Mgor A. Mcxarinp buoys N/A - Permit, roan DCM.W.1, Be Nn to aomplsto Oil (1) .Commsralw —community Private other 14ttiam of the hunt Appllcxlcn whicb relato to (1) Number ' this proposed prDleat, (3) Descrlptlon of bluay (Goler, liuorlptlon, the, anchor, eto) a, Doak(t)and/or Fier(s) (1) Comme:dal R Coauaunity Private (2) Number 51 (3) Led:* (4) Width Of W=body I (A) width 8 M Raper Piers Yu .. Na (� eh(stuct oreiiste buoy(t) co ba pissed tefood ft (I�) L140 f. Moorinj wumell (boa111h, mooring piliaQt, It;,) (Ill) Width �,r , (I) . Coffey(xlX �OfM1UR�l7 P"ivgte ' (6) P�Uforrn(s) ,���'et _hp R) Number 9 (I) Number A) Lan fl {iij W dtb ..-e �.� (+) Width 121, 0) Number of slips proposod j n j Cabo: ror�.Aga,.drroo•arraN (9) PrOX;=lty of i�yewrD tO eclJacea► tpanoo ropf", liana (9) widw of Waco; body (10) W010 depth At weterwerd sod of pier at or Wl — sue _l Mow h. 1sOathOu�e t,1p41�dIAQ COvA"Dd lifl�) (l) ....•tg,(, CDC�1lOi� ML(,Fl.,.,,p-lvn�a (0) Lech., Govarnoxs Landing 01 Widh A Pik=L ar Fr.tIt Nave Cold Hparka,PE/Sparks Gngineer,ing c. Groh ($.p, wood, Aboanp uc. On ) N/A190 --�- (:) Number —ZLZIzza-11 1'2� bey d. Br�Jc-�ucec(t.a. wood, tberl-Ae, a;.) N/A //4 '^ �•-1 (1) Le�jtb (:) AvarMo dlrLjjce from M13W, NyL pr wet!W1 (0) M&Imam dlxZca ba;ond M'W, Nn or �►eU erdi lt4v4ed D�14! ' : DIVISION OF COASTAL MANAGEMENT , �...JI) APPLICATION TRANSMITTAL AND PROCESSING1�L`�-� '7 1) APPLICANT: Gene Merritt, GMC Real Estate Inc.-Governor's Landing County:�lew Ha dWer LOCATION OF PROJECT: 10 Nun Street, Wilmington,NC Morehead ci-Ly I)CM DATE APPLICATION RECEIVED COMPLETE BY FIELD: 08/16/05 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Robb Mairs DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: -J3 c%J 'g B) DATE APPLICATION RECEIVED IN RALEIGH:ogLr,6fQ5� FEE REC'D:$ 2.60.°p PUBLIC NOTICE REC'D: p0*/OS END OF NOTICE DATE: p-h-15- ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: t�t� ON: C) 75 DAY DEADLINE: /013O105 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: q•30' 4S- FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance 8-1 q OS Land Quality Section V/ COrMlhtrl Gt�� Division of Water Quality A. t(0( Storm Water Management(DWQ) State Property Office Division of Archives&History a'��("� V/ Division of Environmental Health 4-5-0s Division of Highways $1-0s Wildlife Resources Commission /- l'OJ Division.of Water Resources Division of Marine Fisheries (1.OSVIF Submerged Lands(DMF) C p 0 q• 16. °� .� Permit#_� . DCM Coordinator: c.aC.-l� NIAILING DISTRIBUTION: -- Permitee: t�C.- I nn ec& EA::�7�- A' q Agent: t �� � N. 134 SA- C,,4- �W:1vh . � /tee it- 1V Ltb� DCM Field Offices: Eliza�aCdLy orehead Ci as in- ton ilmin ton US Army Corps of Engineers(USACE):. Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland. Wilmington: D CD Henry Wicl Others: Cultural Resources: edhill-E Environmental Health: e Marine Fisheries: ike treet NCDOT: en-Pace _. Shellfish Sanitation: Pa- State Property Office: Hend Water Quality: aroly for non-DOT) John Hennessy(NC Water Resources: John Sutherland Wildlife Resources: Maria T ' Davi ox(NCDOT) Travis Wilson(NCDOT) LPO: \ FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/2514025) CAMA Major Permit Process Manual Page 70 of 70 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.0.BOX 1890 WILMINGTON, NORTH CAROLINA28402-1890 DEC 0 7 2005 IN REPLY REFER TO December 6, 2005 r-� Regulatory Division Morehead City `iM Action ID No. 200501148 and State Permit No. 182-05 GMC Real Estate Inc. Attn: Gene Merritt Post Office Box 2226 Wilmington,North Carolina 28402 Dear Mr. Merritt: Reference your application for a Department of the Army permit to construct a community dock with ten (10) boat slips and elevated wooden boardwalk to be located on the east bank of the Cape Fear River, adjacent to the south side of Nun Street, in downtown Wilmington, in New Hanover County,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished without enclosure: Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section - Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Mr. Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal MNnagement North Carolina Department of Environment Mr. Jim Gregson, District Manager and Natural Resources Wilmington City Regional Office 400 Commerce Avenue North Carolina Division of Coastal Morehead City,North Carolina 28557 Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 GMC REAL ESTATE www,gmcappraisals.com November 10, 2005 Mr.Charles S. Jones, Director NC Department of Environmental Health and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re- Governor's Landing Project, Wilmington, NC Via: Telefax: 4 pages (252-247-3330) Dear Mr.Jones: Regarding the Governor's Landing project in Wilmington, NC., please find enclosed with this communication a letter to me from Thomas C. Pollard, City Attorney for the City of Wilmington, NC. In his letter Mr_ Pollard confirms that I have vested rights in the development of Governor's Landing to include the completion of 10 boat slips. Referencing your letter(copy attached) to my engineer, Ronald W. Sparks, P.E. dated November 1, 2005, it appears to me that you have been provided the authorization you need to issue me a CAMA permit- 1 hereby request that you issue me a permit to allow this project to be completed. I appreciate the cooperation and helpfulness that has been shown to me in this matter by you and your staff. Please understand that time is of the essence and that 1 need a permit as soon as possible- Thank you for your consideration. Sincerely, E.W. Merritt, Jr., President EWMjr/gm Enclosures Pc: Thomas C. Pollard, City Attorney William U. Lynch, Attorney at Law Ronald W. Sparks, P,E- PosT OFFICI.BOX 2226 WILMINGTON,N.C.28402•910-343-8823 FAX 910-343-1206 EMAIL gmcbeach@0bellsuuth.net • , �. CITY of WILMINGTON North Carolina 1739 •' � �/ LEGAI. DEPARTMENT I • P.O. BOX 1810 TDD(910)341-7873 (910)341-7820 28402 FAX(910)341 SU4 November 9, 2005 E.W. Merritt, Jr. President CMC Real Estate, Inc. P.O. Box 2226 Wilmington, NC 28402 Re: Governor' s Landing Dear Mr. Merritt : I have been asked whether the developers of the Governor' s Landing project on Nun Street have a vested right under the City' s Land Development Code to complete the construction of a ten-slip community docking facility adjacent to the project on the Cape Fear River. The Wilmington City Council issued a special use permit for this project on December 8, 1998 . Section 18-88 of the Wilmington City Code requires that the construction of the use permit under a special use permit be commenced within one year of the issuance of the permit . The City had previously determined that construction had commenced on this project in accordance with the requirements of the ordinance. The special use permit was conditioned on compliance with the site plan submitted to the City Council which included the construction of the boat slips and a riverwalk to be dedicated to the City of Wilmington. By letter dated December 12 , 2000, the City previously approved the configuration of the boat slips. Based on the above, the developer has a vested right under the special use permit to complete the Governor' s Landing project including the ten boat slips . All construction must be in compliance with the terms of the special use permit and the construction plans approved by the City. If you have any questions or need additional information, please call me. Sincerely yours, W-r-f Thomas C. pollaxd City Attorney TCP/cl CC: William Lynch, Esquire WA �:• , i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary November 1,2005 Ronald W.Sparks,P.E. Sparks Engineering,PLLC 206 North 130'Street Wilmington,NC 28401-4312 Re: CAMA Variance Request,Governor's Landing Dear Mr.Sparks: The Division of Coastal Management(DCM)received the CAMA Variance Request you filed on behalf of Mr. Gene Merritt on October 18,2005. Your request involves Mr.Merritt's application for a CAMA major permit to construct a 10-slip community docking facility on the Cape Fear River and an elevated wooden boardwalk along the adjacent Wilmington waterfront in New Hanover County. The proposed project is located within a Primary Nursery Area(PNA)as designated by the N.C.Marine Fisheries Commission. By letter dated October 13,2005,DCM denied your application on the basis of its inconsistency with the 1999 Wihmington-New Hanover Land Use Plan(LUP)as required by N.C.G.S. § 113A-120(a)(8). At the time,DCM staff indicated that the applicant could ask the local government to amend the land use plan to eliminate the inconsistency or petition the CRC for a variance. We have since learned that the Commission cannot consider a variance request in these circumstances. We have been advised that N.C.G.S. § 113A-120.1 only authorizes the Coastal Resources Commission(CRC)to vary its own rules,standards,or orders. The Commission does not have the authority to issue a variance from a local land use plan provision,nor does it have the authority to issue a variance from the statutory requirement that CAMA permit decisions must be consistent with the local land use plan. Since the local land use plan provision was the only grounds for denial of the CAMA permit,the appropriate avenue of relief is from the local government. A land use plan amendment continues to be one way to resolve the issue.Another option would be to show that the applicant has legally cognizable vested rights to construct the marina under local zoning and planning standards.If the applicant has vested rights under local ordinances,DCM could reconsider the permit denial because in that case the current local land use plan provision restricting marinas in primary nursery areas may not apply to the project. Please feel free to call me if you have any questions. Sipcerel^y-, Charles S.Jones Director cc: Gene Merritt Meredith Jo Alcoke,AGO Ted Tyndall Doug Hugge* Jim Gregson 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affrmadve Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary October 31,2005 Ronald W. Sparks, P.E. Sparks Engineering, PLLC 206 North 131h Street Wilmington,NC 28401-4312 feerow(ermfl7 Re: CAMA Variance Request, Governor's Landing Is Z Dear Mr. Sparks: The Division of Coastal Management(DCM) received the CAMA Variance Request you filed on behalf of Mr. Gene Merritt on October 18, 2005. Your request involves Mr. Merritt's application for a CAMA major permit to construct a 10-slip community docking facility on the Cape Fear River and an elevated wooden boardwalk along the adjacent Wilmington waterfront in New Hanover County. The proposed project is located within a Primary Nursery Area(PNA) as designated by the N.C. Marine Fisheries Commission. By letter dated October 13, 2005, DCM denied your application on the basis of its inconsistency with the 1999 Wilmington-New Hanover Land Use Plan(LUP) as required by N.C.G.S. § 113A- 120(a)(8). Unfortunately,the Commission cannot consider a variance request in these circumstances. We have been advised that pursuant to N.C.G.S. § 113A-120.1,the Commission is only authorized to vary its own rules, standards, or orders. The Commission does not have the authority to vary a local land use plan, nor does it have the authority to vary statutes promulgated by the General Assembly. Your appropriate avenue of relief from the restrictions in the LUP is from your local government. Please feel free to call me if you have any questions. M nn Charles S. Jones Director cc: Gene Merritt Meredith Jo Alcoke, AGO Ted Tyndall Doug Huggett Jim Gregson 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AVia NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary October 13, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 3 r Govemors Landing c/o Mr. Gene Merritt P.O. Box 2226 Wilmington, NC 28402 Dear Mr. Merritt: This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to construct a 10-slip community docking facility on the Cape Fear River and an elevated wooden boardwalk along the adjacent Wilmington waterfront in New Hanover County. Processing of the application, which was received as complete by the Division of Coastal Management's Wilmington Regional Office on August 16, 2005, is now complete. Based on the state's review, the Division of Coastal 1�lana,ement has made the following findings: 1) The joint State and Federal review of the project was generally favorable. 2) The proposed project is located within a Primary Nursery Area (PNA) as designated by the North Carolina Marine Fisheries Commission. 3) The 1999 Wilmington-New Hanover County Land Use Plan (page 90) defines marinas as "commercial marinas, rental slips, community boating facilities, and residential piers renting more than two slips.'' Furthermore, community boating facilities are further defined as, "a private non-profit boating facility including a dock, pier, and/or launching ramp on property which has water frontage, the use of which is intended to serve 5 or more residential lots or units. The right to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility." Therefore, with your request for a 10-slip community docking facility, this project must be considered a marina for the purposes of review under the 1999 Wilmington-New Hanover County Land Use Plan. 4) Under Section 4 Areas of Environneental Concern of the Wilmington-New Hanover County Land Use Plan, Policy 4.8 (as amended April 2, 2001), bullet one, reads, "Marinas shall not be allowed in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or open Shellfishing Waters (SA)." 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50010 Recycled 1 t 0?o Post Corsu^e,Pacer Governors Landing October 12, 2005 Page 2 Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of §150B of the General Statutes of North Carolina, and must be filed with the Office o Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this letter. A copy of this petition should be filed with this office. Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Mr. Doug Huggett at (252) 808-2808, extension 212. Sincerely, Charles S. Jones cc: Henry Wicker, ACOE DCM - Morehead City DCM - Wilmington DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 11, 2005 Regulatory Division ' { S LUJJ Action ID No. 200501148 MID Mr. Doug Huggett J Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Gene Merritt for a Department of the Army permit to construct a community dock with ten(10)boat slips and elevated wooden boardwalk to be located on the east bank of the Cape Fear River, adjacent to the south side of Nun Street, in downtown Wilmington, in New Hanover County,North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 8. No portion of the authorized docking facility may extend waterward of the U.S. Army Corps of Engineers Harbor Line. 9. An as-built survey will be performed after the structure is completed and sent to the Wilmington Regulatory Field Office for verification that the structure does not extend waterward of the U.S. Army Corps of Engineers Harbor Line. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work,he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 11. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 2 12. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 13. 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 permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 16. The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 18. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 19. The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species,has been reported in the waters in New Hanover County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina"must be followed. 3 Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division,telephone (910)251-4930. Sincerely, [�Vj JJJ-AA Henry Wicker Regulatory Project Manager Enclosure Copies Furnished(without enclosure): Ms. Cyndi Karoly Commanding Officer Division of Water Quality U.S. Coast Guard Marine Safety Office North Carolina Department of Environment 721 Medical Center Drive, Suite 100 and Natural Resources Wilmington,North Carolina 28401-4895 1650 Mail Service Center Raleigh,North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Driven Extension Wilmington,North Carolina 28405 4 MEMORANDUM To: Doug Huggett From: Mike Christenbury,District Planner Subject: Consistency Determination, Major Permit Application, Gene Merritt— Governor's Landing,Wilmington, New Hanover County Date: October 6, 2005 The applicant proposes to construct a community dock with ten(10)boat slips and an elevated wooden boardwalk. Areas of Environmental Concern(AEC's) impacted by the proposal are EW and PT. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is a Primary Nursery Area(PNA). I have reviewed this proposal for consistency with the 1999 Wilmington-New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are classified as Conservation. Under Section 4 Areas of Environmental Concern of the Wilmington-New Hanover County Land Use Plan, Policy 4.8 (as amended April 2, 2001),bullet one, reads "...Marinas shall not be allowed in Primary Nursery Areas (PNA),Outstanding Resource Waters(ORW),or open Shellfishing Waters (SA)." The 1999 Wilmington-New Hanover County Land Use Plan(page 90) defines marinas as "commercial marinas,rental slips, community boating facilities, and residential piers renting more than two slips." Further, community boating facilities are defined as "a private non-profit boating facility including a dock,pier, and/or launching ramp on property which has water frontage, the use of which is intended to serve 5 or more residential lots or units. The right to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility." As noted above,the area of the proposed community boating facility is Primary Nersery Area(PNA). Therefore, the proposed project is in conflict and not consistent with Policy 4.8 of the 1999 Wilmington-New Hanover County CAMA Land Use Plan. Therefore,I recommend this permit be denied. Cc: Jim Gregson,DCM Ted Tyndall, DCM Robb Mairs,DCM a ' t.�.STATF Q, North Carolina Department of Cultural Resources State Historic Preservation Office Peter B.Sandbeck,Administrator Michael F.Easley,Governor Office of Archives and History Usbeth C.Evans,Secretary Division of Historical Resources Jeffrey J.Crow,Deputy Secretary R E C E I V L Lj David Brook,Director D September 13, 2005 CM WILMINGTON, NC SEP ] 9 ?005 Robb Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington,NC 28405 RE: Governor's Landing: community dock with boat slips and elevated boardwalk, New Hanover County, ER99-8578 Dear Mr. Mairs: We have reviewed the CAMA permit application concerning Gene Merritt of GMC Real Estate Inc.'s proposed plans to construct a ten-slip community docking facility and a 200-foot elevated wooden boardwalk at Governor's Landing adjacent to the Cape Fear River and Nun Street in Wilmington,NC.We recommend that several conditions concerning cultural resources protection included in the original CAMA permit#98- 99 be included in the new permit.These are specifically conditions 25,26,and 28 on pages 4 and 5 of permit #98-99. Conditions 24 and 27 have previously been fulfilled. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment please contact Renee Gledhill-Earley,environmental review coordinator,at 919 733 4763. In all future communication concerning this project,please cite the above referenced tracking number. Sincerely, (L� ~\I eter Sandbeck Location Mailing Address Telephone/Fax ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mad Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mad Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/715-4801 State Stormwater Management Syste Permit No. SW8 99031 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ; r' DIVISION OF WATER QUALITY SEP 0 7 2005 STATE STORMWATER MANAGEMENT PERMIT Morehead City DCM HIGH DENSITY DEVELOPMENT XA In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as amended,and other applicable Laws, Rules, and Regulations PERMISSION IS.HEREBY GRANTED TO Governor's Landing I._7,C Governor's Landing New Hanover County. FOR THE construction, operation and maintenance of an underground infiltration trench in compliance with the provisions of 15A NCAC 2H .1000(hereafter referred to as the "stormwater rules')and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until September 9,2009 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit,the Project Data Sheet.The stormwater control has been designed to handle the runoff from 20,399 square feet of impervious area. This infiltration trench must be operated xvith a vegetated filter. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. 2 State Stormwater Management Systems Permit No. SW8 990111 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Governor's Landing Permit Number: SW8 990311 Location: New Hanover County Applicant: Mr. David Steigerwald, President Mailing Address: Governor's Landing, LLC 225 S. Water Street Wilmington,NC 28401 Application Date: August 23, 1999 Name of Receiving Stream/Index 4: Cape Fear River/(CFR 18-71) Classification of Water Body: "SC" If Class SA, chloride sampling results: n/a Trench Dimensions, L x W x H, feet: 2 trenches @75' x 5' x 3.5' Bottom Elevation, FMSL: 5.5 Total Impervious Surfaces, ft': 20,399 Offsite Area entering Pond, ft2: None, per Engineer Required Storage Volume, ft': 1,655 Provided Storage Volume, ft': 1,685 Temporary Storage Elevation, FMSL: 9 Controlling Orifice: 12" bypass from infiltration structure pipe Soil Type: Kureb Expected Infiltration Rate: 6 inches per hour Seasonal High Water Table Elevation: 3 FMSL Time to draw down: 7 hours 3 State Stormwater Management Systems Permit No. SW8 990311 II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface except roads. 2. During construction,erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including,but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of trenches, bypass structure, drop inlets and piping. g. Access to the bypass and infiltration structure must be available at all times. h. The vegetated filter will be kept grassed with no erosion.The spreader mechanism will be kept free of sediment and trash, and must distribute the runoff evenly over the width of the filter. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date,activity,name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans.This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction,prior to issuance of a Certificate of Occupancy,and prior to operation of this permitted facility,a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 7. Do not use the infiltration trench system as an Erosion Control device. During construction, other means of controlling erosion must be used.If no other alternative is available,and the system is used as an Erosion Control device, it must be restored to design condition prior to occupancy of the facility. 8. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 9. The Director may determine that other revisions to the project should require a modification to the permit. 4 State Stormwater Management Systems Permit No.S W 8 990311 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 11. Prior to the sale of any portion of the property,an access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 12. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. 13. The runoff from all built-upon area on the project must be directed into the permitted stormwater control system. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements ofthe permit.Within the time frame specified in the notice,the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee,documentation`from the parties involved,and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 9th day of September, 1999. NORT AROLIN ENVI O�N,MENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990311 5 State Stormwater Management Systems Permit No. SW8 990311 Governor's Landing Stormwater Permit No. SW8 990311 New Hanover County Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe(periodically/weekly/full time)the construction of the project, (Project) for (Project Owner)hereby state that,to the best of my abilities,due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date 6 State Stormwater Management Systems Permit No. SW8 990311 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper thari 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts,New Hanover County Building Inspector 7 DEPARTMENT OF THE ARMY r' WILMINGTON DISTRICT, CORPS OF ENGINEE C , P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO C Ds ' Regulatory Division Action ED. '2 6)n D 1�� Applicant: Waterway: 0 4- County: Type Work: r Mr.Ron Sechler R t V'e(— Commanding afj&N t1,,,ad City OCM National Marine Fisheries United States Coast Guard Service,NOAA 431 Crawford Street Pivers Island Portsmouth,Virginia 23704 Beaufort,North Carolina 28516 Mr.Ronald J. Mikulak, Chief Without enclosures Wetlands Section—IV / Water Management Division Mr.Doug Huggett U.S. Environmental Protection Agency Division of Coastal Management 61 Forsyth Street,SW NC Dept of Environment and Atlanta,Georgia 30303 Natural Resources 400 Commerce Avenue Mr. Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557 Fish and Wildlife Enhancement U.S.Fish and Wildlife Enhancement a Post Office Box 33726 _ egional Office Raleigh,North Carolina 27636-3726 Division of eoastal Management NC Department of Environment,Health Commanding Officer and Natural Resources United States Coast Guard _ r Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington,NC 28401 Mr.David Rackley National Marine Fisheries Service,NOAA 219 Forth Johnson Road Gentlemen: Charleston,South Carolina 29412-9110 Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before 9 ',�C) `6S Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely; r \ � Henry icker, Project Manager Wilmington Regulatory Field Office Enclosure 1 � � 1 t t =�- S F P 2 8 2005 WCDENR North Carolina Department of Environment and Natural ,.ResPlIlMlld City DCM Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23, 2005 MEMORANDUM: nm TO: Linda Lewis and Noelle Lutheran Division of Water Quality FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. N0 y01 1'�E rCi REPLY: This agency has no objection to the project as proposed. 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. SIGNED d � , 0 Z,ellL DATE <j�2.3 /U ,5 127 Cardinal Drive Ext,, Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper �► AUG 2 3 2005 NCDENR 113Y:____ _ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23 2005 CAQ MEMORANDUM: J (� tto TO: Linda Lewis11 and Noelle Lutheran Division of Water Quality CD FROM: Doug Huggett, Major Permits Coordinator 3 U . 1 SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 continents. SIGNED DATE 1 200 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR S!=P 0 8 2005 North Carolina Department of Environment and Natural Resources�I Cit} J Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary @10VR August 23, 2005 SEP — 6 2005 AUG 2 4 2006 MEMORANDUM: SHELLFISH SANITATION SHELLFISH SANITATION TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. Fo,,e Ala" SIGNED DATE I&U 5 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AiAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23, 2005 MEMORANDUM: E:2 TO: Fritz Rohde Division of Marine Fisheries FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: fThis agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www,nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 4W (P NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23, 2005 o MEMORANDUM: to TO: Ann Hines iP/1 New Hanover County LPO FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. . of This agency has no comment on the proposed project" c�C` ' rc 0_1 " 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. SIGNED W^^�' DATE �' �- �- O 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23, 2005 05 MEMORANDUM: 1I2� TO: Steve Everhart Ir NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: T is agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are b incorporated. See attached. �b This agency objects tot e project for reasons described in the attached comments. SIGNED DATE jn 9 1615 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DP rr,-.IL low NCDENR AUG 2 9 2005 North Carolina Department of Environment and Natural Resources Division of Coastal Management Morehead City DCM Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary' August 23, 2005 MEMORANDUM: TO: Joe Henderson AUG NC Dept. of Administration State Property Office FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: 400 ene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. W w DATE SIGNED asi oS -' 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\FAX: 910-395-3964\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Rug 24 05 11 : 48a Preferred Customer 910-437-2535 P. 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley,Governor Charles S.Jones, Director William G.Ross Jr..Secretary lk Y � August 23, 2005 MEMORANDUM: AUG 2005 M°rehe$cj C TO: Jason Epley I Y DCM Division of Community Assistance FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15,2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-796-7215 l FAX: 910-395-39641 Internet: Nww.nccoastal man ageme nt.net An Equal Cpportunity 1 Affirmative Action Employer-50%Recyded 110 o Posl ConsLner Paper PIC ` NCDENR ilk North Carolina Department of Environment and Natural Resources` 9 2005 Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William-G...Rc3sci jycmm August 23, 2005 MEMORANDUM: TO: Dan Sams For James Simons Division of Land Resources FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA &•Dredge and Fill Permit Application Review Applicant: Ge - _1191T"Mr"al EsraTe 71777-Governor's Landing Project Location: East bank of the Cape Fear River,south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorpora ed. See attached. �us �DJL�� �s r. rk of a► 4tcPACI G ig; ��v.��.►� `L A S,J; � _ This agency objects to the project for reasons described in the attached comments. Lo��r�1 P14.,- a�Q\;cw{ier a d Qreva S ►^tecssory 4i.r 4k cSfq- PrJe,4. SIGNED `` DATE Zoo 5 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary RECEIVES.. 6G� �2 '71 A7 8 August 23, 2005 DCM WILMINGTON, N. SEP 1 9 7005 MEMORANDUM: ;►,.1C�.,e�grti TO: Renee Gledhill-Early � - NC Dept. of Cultural Resources Archives & History FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, rth Carolina 28405-3845 Phone: 910-796-7215\ FAX: 910-395-3964 \ Internet: www,nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper AUG 2 9 2005 • � T r DISTRICT 3 AUG NCDENR North Carolina Department of Environment and Natural ReWA15MENRONMENTALUNrr Division of Coastal Management � ,�„s Michael F. Easley, Governor Charles S. Jones, Director Will tt Freld�per•t►�9• — RECEIVE0, �� ALIQ ti9 2005 August 23, 2005 SEP 0 2 2005 Design " MEMORANDUM: DN.OFCWT4M AGEI�Et�t se En nee Rest Ares .. 1IeQe TO: Ken Pace NCDOT State Construction/Materials B nch FROM: Doug Huggett, Major Permits Coordinator Moroheau 61ty UCM SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Gene Merritt dba GMC Real Estate Inc.-Governor's Landing Project Location: East bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. Proposed Project: The Applicant proposes to construct a community dock with ten(10)boat slips and elevated wooden boardwalk. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 15, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED �����,v��(��c� DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper SPARKS Turning Your V isions into Realities 206 North 13t' St. Wilmington,NC 28401-4312 910.232.4278 910.762.7646 fax August 16, 2005 Robb Mairs NCDENR Division of Coastal Management 127 Cardinal Drive ext Wilmington,NC 2405-3845 RE: CAMA Permit(Expired Permit No. 98.99) Dear Robb, Attached is the CAMA permit application for Governors landing. I have discussed this project with Mr. Tyndall as you suggested and he request that you call him once you have received it. Included are: • Application • Check for$250 • List of adjoining property owners contacted • Copy of certified mail receipts • Dock plans by Sound Marine • Reduced scale construction drawings for deck • Copies of expired permit no. 98.99 RAC AUG 1 6 CUU5 If you have any questions please call. BY: At your service, Ronald W. Sparks, PE Sparks Engineering, PLLC Page 1 of 1 bR ` b -' f is� • A 'lEziif, 6(joX I,4',;itT3'�?�ifiri� �t;rC+�.3�(► flr')(x?4',"7' r;Icl • 'i.1'l'?(,"r,lF 9",:. *j F .sl+..ia�ii�l��i:�'•' , U-ni A) 3liY4l:li )Rib`),rai � �4't�f[t;� :y'..ir)'"! •! ! .;t1�3%; lt��(tii: 'lttl`I lC3 �iTJ,r'. ik ,.s :,:�fa`_.a:ilr�s, �i1i +i ;i•,�;r .'i`si`trlJ!� `,�;?:t�' "4f; t€tEf« �raA, fr; i�2,i � + kzk -.6t r,iivrs� !!< ri'a437:<'.�ftif fit•a a:,. :c� • QO fit) !i(Tilt)q btAiqt f;) ocn+v° DWQ DuvOopmonl Typo FEE (14200 1601 435100093 1625 6253) (24100 1602 4351000g5 2341) I. Prlvab>,ncn•e/immomial doY,!IpPnrunt that dons not involvu S2e0 1 on"'.(T_250) 0%(SC} Ut,:lill;jIg or exravDIiQ(1 of any wull,uufs or Upon wafer areas: II. ruhfic or cornmer_ial development v Owl doe::not Involve the rinfig or Sa00 100%(S400) 0%(So) ;,x,rrv:,lie•n of any wullandr or open wafer areas: fit. For devOCIPMOnl that inv0lv0r.Zhu G111rtr0 nmUor asalv:ation of up 10 1 acr.of wlaland3 andlor open w.19V areas,d,,-Iwm4w if A,S.C,or D b0cow�hplir.5: III(A). For Privalo,non-caa:mcnaal df•:vnlnprncnl,IIGononlwDt(If000IIty £250 t00°/,(5250) C (SO) Canif%villc n No.3301(:re Lti.lchcd) Gin h?nnpliCll: III(P.): For puhGc or commu:ci:rl dw.clopmard,If Generul water Qualify 5.100 100%(S•100) 0=5(SC) Crrtficu:icn No.3301 (toe altarhed) r.m be applied: III(C). If Gencr�l WUhr Gu:Jily Certificatinn No.3301(sef.attzirhed) could be applied,but DCM S:,O d0L!rminrad that additional M.6'w and S, 0 00 (S240) 4. written DWO roncurrene0 iS n?6diid I.jccaus0 of cunr:cros rotatod Io wDtar qu:,!ity or aqu:dic WO: IIf(D), I(Gun^_reI Walrif f3ustity Ccrti6c:rli;n No.3301 ollAchcd) 51C9 60%(S240) 40%(SlCO) :;.n not bo applied: IV, For ij::ulo meal I!',:rl invo;vc, the filling Dndforcxcavation of Moro j.t GO%(S:BS) 40%(5790) bran on.::rrry orwell3nd: m,113r opr.�,w.ilor are.e:: r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 23, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Gene Merritt, GMC Real Estate Inc.-Governor's Landing Kyle: Please publish the attached Notice in the August 26, 2005, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send the original invoice and a copy of the affidavit for payment to Bev Rivenbark at Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7220. Paying by Credit Card. Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, everly 'ven k Coastal Man ent Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper } NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on August 16, 2005. According to said application, Gene Merritt-GMC Real Estate Inc., proposes to construct a community dock with ten (10) boat slips and elevated wooden boardwalk, at the east bank of the Cape Fear River, south of Nun Street, in downtown Wilmington, New Hanover County. A copy of the entire application may be examined or copied at the office of Robb Mairs at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7291) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 15, 2005, 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 this matter will be provided upon written request. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary August 22, 2005 Gene Merritt dba GMC Real Estate Inc. P.O.Box 2226 Wilmington,NC 28402-2226 Dear Mr. Merritt: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at Inlet Point Harbor Subdivision, in Wilmington,NC, in New Hanover County. It was received complete on 8/16/05,and appears to be adequate for processing at this time. The projected deadline for making a decision is 10/30/05. 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 8/16/05,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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. SPMair!s5 R Field Representative cc: Doug Huggett,DCM Jim Gregson,DCM Henry Wicker,COE Ann Hines,LPO Ronald W. Sparks,PE,Agent 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405 3845 Phone: 910-796-7215\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper r i AMA PERMIT AP LIE FOR PROJECT: •• 'f'�� �� C-f 11 i O o i GAtJAA&leJ 640AWat a.It ZQ AA ad A AJC- COMMENTS ACCEPTED THROUGH C;� �. .�Zoo s C� APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: ye�..,� e - 1 - J OCT.c05-2005 13:26 From: To:4 P.2/4 1J[V[SION QF COASTAL M:ANAGi✓MENT ADJf CFN7: fZiPAR1,4�( PRQ2F--RTY Qy/ t[ j J 0QTIFICAJIQN/WAIYEP, 1=QRIy1 Name of Iadividual Applying For Permit: GMC Real Estate Address of Property. 10 Nun street (Lot or Street#, Street or Road) Wilmington, New Hanover County (City and County) 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, should be provided with this letter, I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater,boat house or boat lift must be set bck 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,) G i I do wish to waive the 15' setback requirement. V 1101` II ` ,04i:J i 0I'A, NG �f I do no wish to waive the 15' setback requirement. 0C T 0 4 2005 Sign Name Date at�) Print Name A- - 0 Ai 'S NCDENR Telephone Number with Area Code !W 0 CA"Wou ""Of Of S:\Cama\shells\riparianproperty,fnn OCT-05-2005 13:26 From: To:4 ■ Comploto hems 1,2,and 3,Aiao Complete A.M Item 4 If Restricted Dellvery Is desired. x Agent ■ Print your name and addreau on the rovema �- M AdQroeeoa eta that we can roturrth the card to you, 8. Recelved by(Pt led NA J C pate of Delivery ■ Attach this card to tha beck of tno maliploca, or on the front If apace pomtlttt. t. Artlors Addroaeed to: 0, In delivery address dlfferont from item 1? C1 You If YG8,onto?delivery addroso below ❑No Forst For Zc)t Marys Inc 2321 Ocean point Orive Wilmington, INC 28405-5284 3. Service Type C7 Certlflod Mall Cl Expreea Mall ❑Raglatorod ❑Return Recolpt for MerohAndlae CJ Insured Mail ❑C.0 0, 4. Raetrimed UNary?Mom Feat ❑ym (1Mole AnI N' Aer lrom - ■ ■ ■ 2, (R Numbereervhse/eba� 7005 "Lo QpQ2 6278 0715 $ O na P9 Form 3811, Februa 200a 6 � � February Oomeotb Rotum Reoelpt i Oattpti-0:M.te�o r 0 • ] rat 0 N ■ Complete Items 1,2,and 3,Alao Comploto A. tU 0 Item 4 It Roatrlctod Dollvory Is deeirod, G Agent nM C ■ Print your name and address on the rovorao di— ©Addresses rt Z `'' so that we can return the card to you. Reaelved py(pn re 7N N'P t7 $ 9 ■ Attach thlo cord to the back of tho mailpl000, 41 C. Date of Delivery or on the front If apace pormlta. • 1. Anl01e Adtlroeaetl to: 0.D. Is delivery addry dlftoront from tom 17 M Yee G ` � N• � � if Y[B,enter delivery aadroae txbw C1 No I N � c rT :1cr-lain Peter W Mary H 410 South Front Street Wilington, NC 28401 -5012 y, w X 3, Garvlco Type a yr ❑Canlflod Mail ❑F.xpreee Mal a rt ❑Registered 0 Return Recalpt for Merchandise tp I7 Insured Mall ID 0,04, g 4, Restricted Dslly erY'!(Extra Fee) IM Yes 3 2. Artldo Numbor 2 7 8 00692 - (71hnsfae hem rorWoo label) 7005 1160 0 LJ Q 2 8 R P$Form 3811, Fobruary 20V Domeotlo Return Rocofpt 102500.021I+•taao •i 0 p© ■ Complete itoma 1,2,and 3.Also oomplato a el S ❑Agent Item 4 if Restricted Dollvory In doolrod. X ❑Aodroseea ■ Print your name and address on the rovefa0 1 1 ao that we can roturn the card to you. p. eceived by(Ponrod Nam C, ate ellvery ■ Attach thla card to the back of the mallpioce, or on the front if apace permits. D. ie delivery oddroae different trem hem t? 0 Yes 1, Ankle Addroaaod toy If Y12-3,antor dollvary address bolow,; Q No 2 Ann StVOQt Wilmington, NC 28401 -447 3, t3ervbe Typo ©Conlflod MWI D EWS08 Mall ❑Rogtstarod Q Return Reoelpt for Merchandise ❑ Inovod Mal ©C.0 D, 4 R1000e0 fdellvery?(&fra I* �)Yes 2. An101eNumber 70p5 116p 0002 8278 0722 (rmnafor from servtao tabeq ,n2sae-+n-114e P9 Form 3811,February 2004 Domostio Return Receipt RECEIVED DCM WILMINGTON, NC AUG 1 6 2005 PostalPostal oCERTIFIED MAILP, RECEIPT „n CERTIFIED MAILT,I RECEIPT (DomesticOnly;No Insurance Coverage (DomesticOnly; 1-3 C3 For delivery information visit our website at www.usps.com., co WILMINGTON NC 28401 r- WILMINGTQN NC 28405 ru — — ru `a Postage $ $0,37 `o Postage $ $0•37 ru Certified Fee $2.30 0402 ru Certified Fee $2.30 0402 0 12 0 12 Postmark � Postmark Return Receipt Fee $1.75 Here 0 Return Receipt Fee $1,75 Here (Endorsement Required) (Endorsement Required) C:1 Restricted Delivery Fee $0,00 C3 Restricted Delivery Fee $Q,QQ (Endorsement Required) „p (Endorsement Required) '� Total Postage&Fees $4.42 08/16/2005 r�-1 $4.42 08/16/2005 Total Postage&Fees Ltl Ln Sent To Sent To f� Street,Apt.No.: f� Street,A t.No - ---------------------- or PO Box No. or PO Box No. •.................•-------------------•-............................ tY, City,State,ZIP+4 Ci State,ZIP+4............................................................. ------- PS :rr June 2002 0:PS Form :rr June 2002 • • Postal Service,r.I (Domesticru CERTIFIED MAILT,., RECEIPT — CERTIFIED MAIL,,, RECEIPT rti Only;No Insurance Coverage •ed) (Domestic Mail Only; C3 For delivery information visit our website at www.usps.comb For delivery information visit our website at www.usps.corno CO ru WILMINGTON NC 28401 WILMINGTMN NC 28401 -0 Postage $ $0,37 Postage $ $0,37 U, t 0402 Certified Fee $2.30 0402 C3 Certified Fee 12 12 Postmark Postmark Return Receipt Fee $1.75 Here Return Receipt Fee $1.75 Here � (Endorsement Required) (Endorsement Required) O Restricted Delivery Fee $Q,QQ Restricted Delivery Fee 0.00 _p (Endorsement Required) (Endorsement Required) '-q $4.42 08/16/2005 $4.42 08/16/2005 rq Total Postage&Fees $ Total Postage&Fees $ ul Sent To � Sent To ( v .---------•------- r � (��� 'G-'- -...-- r� Street,Apt.No.; Street,Apt.No.; or PO Box No: or PO Box No. City,State,ZlP+4 City,State,ZIP+4 :•r . rrSee Reverse for Instructions