20201774 Ver 1_CAMA Application_20201106

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Aviron Homeowners Association, c/o Jimmy North
2. LOCATION OF PROJECT SITE: 2709 Middle Sound Loop, adjacent to Howe Creek in Wilmington, New
Hanover County.
Latitude: 34015'09.41" N, Longitude: 77°47'33.13" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— I 0/14/2020 Was Applicant Present —Yes
5. PROCESSING PROCEDURE: Application Received — 8/25/2020 (initial) 10/29/2020 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover County
Land Classification From LUP — Conservation
(B) AEC(s) Involved: ES, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing — N/A Planned — NA
(F) Type of Structures:
Existing —Community docking facility (4 slips)
Planned — Pier extension, new floating dock, and 2 boatlifts (no slip expansion).
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DRFDc;FD FTr.r Fn nTT-Mv
(A) Vegetated Wetlands (shading impact)�:F�
(B) Non -Vegetated Wetlands (Open water)
—L—
1,082 ftz
incorporated (open
water
(C) Other — High Ground
(D) Total Area Disturbed: 1,082 ft2
(E) Primary Nursery Area: Yes
(F) Water Classification. SA/ORW Open: No
S. PROJECT SL AD4ARY: The applicant is proposing to remove the existing 6'x 50' fixed pier and connecting (2)
16' x 6' floating finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5' x 75' floating
platform with 2 mechanical boatlifts. The total slip count will remain the same (4 slips).

2709 Middle Sound Loop, Aviron HOA
Page Two
9. PROJECT DESCRIPTION
The project site is located at 2709 Middle Sound Loop, adjacent to Howe Creek, in Wilmington, in New Hanover
County. NC HWY 17 (Market Street) by traveling north on Market Street to Middle Sound Loop Road. Turn
right onto Middle Sound Loop Road and proceed through the traffic circle taking the first exit to the left. Travel
north approximately 1.4 miles the community will be on the right.
Currently the community has single-family homes with a 4 slip private docking facility. The existing docking
facility consists of a 236' x 6' access pier extending waterward to the southwest. There is a 16' x 16' platform
approximately 16' landward of the pier terminus. A 6' x 50' fixed platform extends perpendicular from the pier
into a tidal pool with two 6' x 16' floating finger piers, creating 4 boat slips. The existing facility was originally
permitted under Major Permit No. 57-96 issued on 5/29/1996 to Carol H. Johnson, later modified through two
general permits. Elevation at the site averages approximately 11' above normal high water (NHW). The high
ground portion of the property contains ornamental grasses and landscaping. Coastal wetlands extend
approximately 275' from the higlground predominately consisting of Smooth Cordgrass (Spartina alterniora)
and oyster beds.
New Hanover County Land Use Plan classifies the area in the vicinity of the project area as Conservation. Waters
in the project area are classified as SA/ORW by the N.C. Division of Water Resources. They are designated as a
Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are closed to the harvest of
shellfish.
PROPOSED PROJECT
The applicant is proposing to remove the existing 6'x 50' fixed pier and connecting (2) 16' x 6' floating finger
piers and extend the existing 6' access pier by 61.5' terminating in a new 5' x 75' floating platform with 2
mechanical boatlifts. The total slip count will remain the same (4 slips). The tidal pool that currently serves as the
community boat basin is surrounded by oyster beds with water depths from 0 to -1' NLW making docking
hazardous for vessels and the resource during low and mid -tides. The applicant has expressed concern regarding
unintended impacts to the marsh and oyster beds within the small access channel and boat basin. The applicant
proposes to remove the docking structures associated with the tidal pool, which includes, a 6' x 50' fixed pier and
two 16' x 6' floating finger piers. The proposed new docking facility would include extending the existing access
pier 61.5' waterward over oyster beds to reach the main channel of Howe Creek. As proposed, the access pier
would terminate in a 5' x 75' floating dock. The outer edge of the floating dock would be located approximately
15' waterward of the oyster bed with water depths in this area ranging from -2' to -3.8' normal low water (NLW).
The applicant proposes to install two 13' x 13' boatlifts. One of the lifts is proposed to be located on the eastern
side, landward of the floating dock. The other lift is proposed to be installed on the western side, along the
waterward edge of the floating dock, no more than 30' waterward of the edge of the oyster bed. An additional two
slips are proposed for runabout day use along the waterward side of the floating dock. All slips and boatlifts are
located to have water depths greater than -2' NLW. No slips are permitted on the landward side of the floating
dock except the boatlift which would be positioned waterward of the -2' NLW depth contour (see Sheet 2). The
width of the waterbody in the project area is approximately 125' wide with the channel approximately 60' wide,
ranging in depth from -3' 4" to -4'. The new facility as proposed would not extend farther than 30' waterward of
the oyster bed adhering to the �/< width. No encroachment into the 15' riparian setback is proposed. There is no
established pier headline in this area of Howe Creek. The new lift and floating dock would be installed using a
floating work barge that would be stored on site.
10. ANTICIPATED IMPACTS
As proposed, the new docking facility would result in the incorporation of approximately 1,082 ft2 of Public Trust
Area and Estuarine Waters. The project area consists of open water and oyster beds. There would be no impact to
vegetated wetlands or to the highground area. As proposed, the constructed features would not encroach into the
adjacent 15' riparian corridor setback from properties on both the eastern and western borders, nor encroach into
the 1/a width. According to the applicant, water depths around the floating dock and boatlifts range from

2709 Middle Sound Loop, Aviron HOA
Page Three
approximately -2' to -3.8' at NLW. There appear to be no SAV present in the project area. Minor increases in
turbidity should be expected during project construction.
Submitted by: Katharine Elks Date: October 30, 2020 Office: Wilmington

AVIRON HOMEOWNERS MAJOR PERMIT APPLICATION NARRIATIVE
Aviron Homeowners Association (AHA) is the joint land and dock access located at approximately 2700
Middle Sound Loop Rd. on Howe Creek, Wilmington, NC. AHA is applying for a major permit requesting
permission to remove the floating docks and ramp, and the "L" section of the existing pier, replacing this
removal with an extension of the main pier of approximately 56.5' with slips at the end of the pier. AHA
believes that this proposed dock change is very much within the regulations and the purpose and spirit
of the mission statement of the Department of Environmental Quality. In short, it is our assertion that
environmental quality will be enhanced with our proposal rather than diminished.
Howe Creek is a protected primary estuary habitat. The current dock owned by AHA is grandfathered in
the permitting process. The current pier is an "L" p� shaped pier that is ap
proximately pproximately 238 feet long and
the "L" 's length is approximately 55 feet. South of the "L" and jutting into the creek are 2 floating docks
with 4 slips secured by pilings. There are aluminum ramps down to the floating docks from the "L" pier.
The channel at this section of Howe Creek is quite unusual in that a low tide there is approximately a 90-
foot-wide channel that is 3 to 4 feet deep. The size of boats using Howe Creek at that juncture are quite
small and these proposed new slips would not pose any navigation hazard.
The marsh area is approximately 90 feet wide where the AHA pier is located from the end of the marsh
grass across the channel to where the marsh grass starts on the other side. At high tide the creek width
is approximately 850 feet.
The existing floating docks are generally surrounded by marsh grass and oyster beds with a small
channel out to the main channel of the creek. At low tide the floating docks and boats are on the mud
bottom.
AHA is proposing and requesting a permit remove the approximate 55 foot "L" section of the existing
pier and replace it with a 55-foot extension of the existing pier. This 55-foot extension would then allow
AHA to secure floating docks in the main channel of the creek which would meet the minimum depth
permit requirement at low tide for new docks of two feet (2').
Consistent with our assertion that environmental quality will be enhanced, this change would result in a
huge reduction in the pilings in the water and the environmental impact in general. At times it is
possible that the water current takes a boat into the marsh grass and oyster bar causing an adverse
unintended impact. Oysters might be good to consume but are not good for the bottom of boats and
engine water-cooling systems. And conversely, boats aground are not good for oysters or marine life in
general. Boats and floating piers mired in the mud at low tide are certainly not environmentally friendly,
particularly in a primary estuary habitat. We would prefer to work with the DEQ to minimize the
possibility of damage to the surrounding oyster beds and estuary bottom. Please note that the
extension of the pier and removal of the "L" dock would not result in a larger visual or actual overall
footprint.
The channel at this point is quite wide and there would be more than ample roor�Lb ny
reasonable vessel past the new dock. The channel at low tide is approximately 3 o ee eep and 90
feet wide. TowBoat/US does not like trying to navigate Howe Creek illustrating that this is n '��nn
significant waterway an�thaprECEiVI a dock would, again, not present a hazard oA� Atgcm
AUG 2 5 2020 Baftmaw DCM WILMINGTON, NC
DCM WILMINGTON, NC

navigation. If permitted, the floating docks would still leave a 60-foot-wide channel at low tide for
navigation.
Consistent with a section of the Mission Statement of the DEQ that states "in its essence, DEQ is a service
organization. Agency personnel, operating within the confines of the regulations, must always be a resource of
invaluable public assistance, rather than a bureaucratic obstacle of resistance.". we are respectfully requesting
your assistance in facilitating this major permit request and variance request if necessary.
In summary we believe that we have made the following assertions:
• The overall footprint of the new pier and docks will not be any larger than the current footprint.
• The impact of reduced human activity effecting the environment will have the effect of
enhancing water quality and improving the primary nursery area of Howe Creek.
• The visual impact of the pier and docks will not more obtrusive and we will work to make it
improved with the use of low -profile boat lifts.
• Moving the current boat slips to the creek channel will prevent our inadvertent running aground
against the marsh grass and oyster beds adjacent to the current slips.
Respectfully and Sincerely,
Aviron Homeowners Association
Christopher Jones, Member
2705 Middle Sound Loop Rd
Wilmington, NC 28411
336-944-5001
EXHIBIT IV
RECEIVED
AUG 2 5 2020
DCM WILMINGTON, NC

Bowl
APPLICATION for
Maier Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9. Primary Applicant! Landowner Information
Business Name
Aviron Homeowners Association
Pr*ct Name (it applicable)
Applicant 1: First Name
Christopher
M1
W
Last Name
Jones
Applicant 2: First Name
Ml
Last Name
If additional applicants, please attach an additional page(s) with names fisted.
Mailing Address
2705 Middle Sound loop Rd
PO Box
City
Wilmington
State
NC
ZIP
28411
Country
New Hanover
Phone No.
336 - 944 -
5001 ext.
FAX No.
336 - 355 - 9027
Street Address (if different from above)
City
state
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Marine Construction
Agent/ Contractor 1: First Name
Jimmy
Ml �
Last Name
North
Agent/ Contractor 2: First dame
Ml
fast Name
Mailing Address
6314 Wrightsville Ave
P(7 Sox
City
Wilmington
State
NC
ZIP
28403
Phone No. 1
910 - 231 - 8514 ext.
Phone No. 2
- ext.
FAX No.
Contractor #
Street Address (if different from above)
City
Wilmington
State
NC
ZIP
-
Email
RECEIVED
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DCM WILMINGTON, NC
252-808-2808 . 1-888-4RCOAST .. www.nccoastaimanagement.net

Fon rDCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
2700 Middle Sound Loop Rd
Subdivision Name
City
State
Zip
Aviron Subdivision
Wilmington
NC
28411 -
Phone No.
Lot No.(s) (if roomy, aftach additionaf page with fist)
336 - 944 - 5001 ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Howe Creek
c. is the water body identified in (b) above, natural or manrnade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, fist the
Pp Planning jurisdiction or city limit the proposed
[]Yes ®No
work fails within.
New Hanover
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
375
6500
c. Size of individual lot(s)
d. Appro)amate elevation of tract above NHW (normal high water) or
.941ac, .686ac, .676ac,
NWL (normal water level)
(ff many lotsmas, please attach additional page with a list)
i 1' ❑NHW or ®NWL
e. Vegetation on tract
Lawn grasses, trees, ornamental landscaping
f. Man-made features and uses now on tract
Single Family Residences
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential Homes
h_ How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential for the land, no zoning for the waterway
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j. Is the proposed actively part of an urban waterfront redevelopment proposal? ©Yes ®No
k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑YF
National Register listed or eligible property? �ti+C V =UI YtLI
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DCM WILMINGTON, NC
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Form DG?M MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
❑Yes ®No
00 Are there coastal wetlands on the site?
®Yea ❑No
(ill) If yes to either (i) or (ii) above, has a delineation been conducted? E]Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sewer
o. Describe existing drinking water supply source.
Well
p. Describe existing storm water management or treatment systems.
Not Applicable
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? E)Commerdal ❑PublictGovemment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Project is the renovation, removal of a portion of a pier, and reconstruction of the pier in the same approximate dimensions
as was removed. The purpose of this pier and floating slips is for personal boating and recreational purposes.
c. Describe the proposed consiruction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The proposed construction will consist of the installation of wood pilings and a wooden peir structure supported by the
pilings. Except for the installation of the pilings for the pier which will be done by floating barge, no substantial equipment is
expected to be used during construction.
d. List all development activities you propose_
Pier, platform, floating dock
e. Are the proposed activities maintenance of an existing project, new work, or both? BOTH
f. What is the approximate total disturbed land area resulting from the proposed project? 100 net after removal of part of the
existing dock and pier structure
08q.Ft or []Acres
g. Will the proposed project encroach on any public easement public accessway or other area Oyes MNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NONE
i. Will wastewater or stommater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes QNo ®NA
j. Is there any mitigation proposed? []Yes
If yes, attach a mitigation proposal-
AUG 2 5 Z07-0
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Form DEM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6 Additionallnformadon
In addition to this completed application form, (UP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Rease consult the application
instruction booklet on how to property prepare #w required items below
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee_ Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Barren Inlet Association Phone No. 910-264-5900
Address 6724 Barren Inlet Rd Wilmington NC 28411
Name Gary R & Leslie Hurley phone Na
Address 6601 Sylvan Ln Wilmington NC 28411
Narrre Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. include permit numbers, permittee, and issuing dates.
Permit t#5796 Carol H Johnson 5129/86 Permit #46183 8 47455 Bob Brady 12/08106
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G_S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of pudic lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Cerd rcation and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the pennit-
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date _ '7J 2-3ba Print blame GWki-S—,aP if1jdlves
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
[KDCM MP-4 Structures Information
RECEIVED
AUG 25Ml
-- - DCM WAI MINC,.TS 19. MC
252-808-2808 . 1-888-4RCQAST ., www.nccoastalmanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITYIMARINA CHARACTERtsucs ❑This section, not applicable
a. (i) Is the docking facility/marina- b. (i) Will the facility be open to the general public?
❑Commercial ❑PublictGovernment $Private/Community ❑Yes (gNo
c. (i) Dock(s) and/or pier(s),
(€€) Number / /
(iii) Length 6 of / S
(iv) Width
(v) Floating Yes KNo
d. (i) Are Finger Piers included? ❑Yes 9No
% r If yes:
t/
(€I) Number
' (iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? ❑Yes ,9No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating []Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
_-1
(ii) Number of slips existing
_q_(wi11 toe— {`cri.sv�f )
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
,30pen water; no dredging required
❑Other; please describe:
k- Typical boat length: —2 6e
m. (i) Mill the facility have tie pilings?
[]Yes %No
(ii) If yes number of tie pilings?
f_ (i) Are Boatlifts included? 16(es []No
If yes:
(€i) Number
(iii) Length / 3 f
(iv) Width _ 0
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage (`wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
Other, please describe:
/ r
�OhlLi C.rOC �r �`�
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats,, mixed types).
2Leri✓ r°uA.) 3'4C>uC15
I. (i) Will the facility be open to the general public?
❑Yes 1 Rlo
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC

Forte IBC P-4 (Structures, Page 2 of 4)
Z... DOCKING FACILITY/MARINA .OPERATIONS CI This section not applicable
a- Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h- Give the number of channel markers and "No Wake" signs proposed. /u9
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
i. What will be the marina policy on overnight and live -aboard dockage?
r4
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
'Yes ❑No
SEP 2 9 M-J
MM WILMINGTON, NC
' •3334t COAST :. f. cy frr�a a n .ram revlsee�; 12127.106

For MP-4 .l structU4'es, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
91yes ❑No
o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
XCW © ❑SAV ❑SB
OWL ❑None
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes �%o
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including eavered lifts) this section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
} :
4. GROIN (e_g., wood, sheetpile, etc, !f a rock groin, use 1VIP 2, Excavation and Fill Obissec n not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile etc.) �Tlris section:notappticable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6 MOORING PILINGS and BUOYS 'Whis section not applicable
a. Is the structure(s): b Number
❑Commercial ❑Public/Government ❑PrivatelCommunity
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
RECEIVED
SEP 2 9 202.0
©CM WILMINGTON, NC
�.1�2��?�•��3�:a� := �-���Pw�b���`� :=-�:�,v��;,;;��e�s��;�r,a,s�+����n_r��t rw;ris��#� h�,�-r:t3

7. GENERAL
a. Proximity of structure(s) to adjacent riparian property Imes
Note For buoy ormoonngpiling. iisearc ofswing ip
of vessel
C:- Width of,6vater body
/ I& ,,
e. (j) Will navigational aids be required as a result of the pro;ecz�
©Yes *Po EINA
(Ft) If yes. explairt what type and how they wits be knplemented
8. OTHER
a. Give comptete description:
Dale
A
Project Name
Applicant Nagne
Applicant Signature
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward enfl of structure at NLVV or NVVL
q
section not applicable
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC

ROY COOPER NORTH CAROLINA
Govemor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS October 30, 2020
Director
Coastal Marine Piers Bulkheads LLC
c/o Jimmy North
6314 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. North:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Aviron
Homeowners Association, for State approval for development of the subject property located at 2709 Middle Sound
Loop Road, adjacent to Howe Creek, in Wilmington, in New Hanover County. It was received as complete on
October 29, 2020 and appears to be adequate for processing at this time. The projected deadline for making a
decision is January 12, 2021. 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 October 29, 2020, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant,
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Katharine Elks
Field Representative
cc: Curt Weychert, DCM
Robb Mairs, DWR
Aviron HOA, Applicant
USACE
Christine Bouffard, LPO
0- E
� of EnNm�mwat p}yy�,r�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.1215

Nr
0
CAMA PERMIT
APPLIED FOR
PROJECT: A
licant
roposes to reconstruct a four (4
2
.
Howe Creek, Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH Decem ber 2 2020
APPLICANT: FOR MORE DETAILS CONTACT
Aviron Homeowners Association THE LOCAL PERMIT OFFICER BELOW:
C/o Christopher Jones
• 127 Cardinal
� s
—•-�pFi•1•m•ira•g�en�Nt-�8417-
A ent: Coastal Marine Construction i i
Jimmy North Katharine Elks (910) 796-?424
1910) 231-8514

ROY COOPER
Governor
NORTH CAROLINA
mironrnental Uuahn
November 6, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Scott & Lisa Diggs / New Hanover County
• Avirealilgk4-/ Nrw Hanover County
MICHAEL S. REGAN
Secretan
BRAXTON DAVIS
Director, Division of Coastal Management
Hello Angie: Please publish the attached Notice in the Wednesday, November 11, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342),
Please email a copy 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.
Ancerely,
f
'� bc
T . Pietila
Perrnitting Support & Customer Assistance
cc: MHC Files
Curt Weychert WiRO/MHC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On November 2, 2020, Scott & Lisa Diggs proposed to construct a
new four (4) slip private dockingfacility w/boat basin & access channel excavation at 401 Bradley Creek Point
Rd, adjacent to Bradley Creek, in Wilmington, New Hanover County; and on October 30, 2020, Aviron HOA
proposed to remove an existing fixed pier with floating finger piers to reconstruct pier & floating platforms to
maintain total slip count of four (4) at 2709 Middle Sound Loop., adjacent to Howe Creek, in Wilmington,
New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks,
N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,
NC 28405, (9I0) 796-7424 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 2, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: e—#k> is e r' �s
Mailing Address:
14A/knI`n 47 ��. Al C
Phone Number: -' 36 ) f44-sao�
Email Address: ENE'-S
I certify that I have authorized
Agent 1 Contractor 7
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Ala Di F-;CA d F
Ex'sT:n!
at my property located at Ajowe !a¢M: p7do-.;�V► /n;-pvfP
in _df!�g/ *14nodLt =County.
1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
pennit application.
Property
Print or Type Name
Title
a4 / a62
Date
RECEIVED
AUG 2 5 0
DCM WILMINGTON, NC
This certification is valid through /2- 1 31 1 r,
��-

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
September 14, 2020
Katharine Elks
Division of Coastal management
127 Cardinal Drive Ext
Wilmington, NC 28405
Re: Aviron Homeowners Major Permit Application
As a part of our application we are required to notify the adjacent property owners of the Major permit
application. Enclosed is the signed ADJACENT 1RPARIAN PROPERTY OWNER STATEMENT for the Barren
Inlet Homeowners Association, the certified mailing receipts for both property owners as well as copies
of the original transmittal letters, proposed changes to the pier and docks, and the original unsigned
OWNER STATEMENTS sent to them via certified mail.
In the original initiation of this process one of the adjacent property owners, Gary Hurley, had expressed
some concerns about the width of the channel. I personally delivered the.proposed changes over the
Labor Day weekend and reviewed them with him. I also offered to go with him and re -measure the
depths we recorded. He has not taken me up on the offer, but he did acknowledge that the channel was
wide in front of our pier. We are fortunate that for this permit application process the channel is
unusually wide at this point at approximately 60 feet at low tide beyond the proposed extension of our
docks. There will be no obstruction of any vessel moving through the creek at that point.
If you have any questions on this project, please call me at 336-944-5001 or email me at
ChrisJones@Ca rolinaPinancialAdvisors.Com.
Si r I ,
Christoph Jones
Aviron Homeowners Membe
Enclosures
RECEIVED
sEP 1 7 2020
DCM WILN11 y`OTON, NC

ADJACENT RIPARIAN „PROPERTY OWNER/ STATEMENT,
I hereby certify that i own property adjacent to V1 roil 4MCd&JHF_AS 4wn-
(Name of Property Owner]
property located at
7 M:5AIr~ C
(Address, Lot,
on 47yl e 1�ker= K , in --
(Watetbody)
etc.)
keve/1�n
and/or
N.C.
The applicant has described to me, as shown below, the development proposed at the above
!o 'on.
i have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(IndfifM981 praposina development mast fill in description below or attach a site drawing
SE )E� 0-C'
WAIVER SECTION.
I understand that a pier, dock, mooring pilings, boat ramp, breakwa er, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
! do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Information)
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or on the front if space permits.
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RECEIVED
SEP 17 2020
DCM W1Lrf!NGTON;, NC

September 6, 2020
Gary R & Leslie K Hurley
6601 Sylvan LN
Wilmington, NC 28411
Dear Gary R. & Leslie K. Hurley:
Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
Delivery Via Certified Mail
Aviron Homeowners Association is applying for a CAMA Major permit to dismantle and reconstruct a
portion of their existing dock on Howe Creek in Wilmington, NC. This property is located at 2700 Middle
Sound loop Road, Wilmington, NC. The specifics of the proposed work are in the enclosed application
forms and drawings.
As the adjacent riparian property owner to the aforementioned project, l am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 27405 within 30 days of your receipt of
this notice. Such comments will be considered by the Department in reaching a final decision on the
application. No comment within 30 days of your receipt of this notice will be considered as no objection.
if you have any questions on this project, please call me at 336-944-5001 or email me at
[e-mail].
Sincere
Aviron Homeown Member
Enclosures
RECEIVED
SEP 17 2020
DCM WILi'uilNGTCN, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
l hereby cerfify that I own property adjacent to ` v c �-1 r» Inc ib
` 's
rty
property located at a-7 a !l1 i,� l ` cu n (Name � e f Prope Owner)
{Address, Lot,)3locks Rod etc.}
an in ,4 i — r , N.C.
(Wa#erbady) (City/Town andior County
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PR F
RECEIVED
OCT 0 5 2020
❑CM WILMINGTON, NC
WAIVER SECTION /
I understand that a pier, dock, mooring pilings, boat ramp, break 47boathouse, lift, or groin
must be set back a minimum distance of 15` from my area of riparian access unless waived by
me. (if you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement
i do not wish to waive the 45' setback requirement.
Owner
Print or Type Name a
.27.s NY W, I 9-AD %o P,
M ilin� Address
r /rr+ n ha /l/
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3 1 ) qil zl Spa 1
Telephone Nutnber / ermaf/ address
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}Valid for one calendar year after signature'`
(Adjacent Property Owner Information)
Si nature*
Q Zi6.- icy
Print o Type N e
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Maif-h Address
citylstateop
Telephone Numbed email address
Date*
(Revised Aug. 2014)

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to _ 4v+ � 6 � l am ff (,tdLf&S
(Name of Property Owner)
property located at o p(ll ►�7 l E ccu��
�j (Address, Lot,
on t-iJ f�6L sj< in
(Waterbody)
etc.)
D1leA—
(City/Town and/or
N.G.
The applicant has described to me, as shown below, the development proposed at the above
location.
i have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT
{lrtdlviduat proposing development must fill in description below or attach a site drawing)
s G ��r-A-cam
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breAk tetboathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Owner
Print or Type Name
,2 7d.!;its t pD I s rf ha % R rg
MirTin Add ss
( 33t, ) ' G1f4l-, ooJ
Telep onh aNu ber/email address
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1.),tee° KELE.IVErzD,
(RevisedAugS9914) 7 202-0

N
RECEIVED:,
DCrJ33Pp RRRR �t1;gGy

CAROLINA
FINANCIAL ADVISORS
COMPREHENSIVE FINANCIAL MANAGEMENT
A
�
A
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(f
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REUIVED
SEP 1 7 2OZ0
DCM WILMINGTON, NC

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
September 9, 2020
Barren Inlet Homeowners Association Delivery Via Certified Mail
C/O Edwin & Sharon Jones
6706 Barren Inlet Road
Wilmington, NC 28411
Dear Barren Inlet Homeowners Association:
Aviron Homeowners Association is applying for a CAMA Major permit to dismantle and reconstruct a
portion of their existing dock on Howe Creek in Wilmington, NC. This property is located at 2700 Middle
Sound Loop Road, Wilmington, NC. The specifics of the proposed work are in the enclosed application
forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 27405 within 30 days of your receipt of
this notice. Such comments will be considered by the Department in reaching a final decision on the
application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 336-944-5001 or email me at
[e-mail] .
Sincerely,
Christopher Jones
Aviron Homeowners Member
Enclosures
RECEIVED
SEP 17 �U'O
E)CM WiLrOl « T C N, ;11:%'—�

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to AVI'f('ar-1 4MCO-WHEA-s 4-4-5n. 's
(Name of Property Owner)
property located at —a ?00 ("' 501E c�pc� r, G.o a a R'O
f �J (Address, Lot, I ck,- oFoaad, etc.)
on t— m /C (�c.IF�!-S , in lynk) �r)eVg1 e LSAT-y , N.C.
(Waterbody) (City/Town andlor County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
�Indrvidual proposing development must. rill in .descrip>~ion below or attach a site drawing)
SE7 )�>
WAIVER SECTION.
I understand that a pier, dock, mooring pilings, boat ramp, breaea er, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (if you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
l do not wish to waive the 15' setback requirement.
Information)
5-0"Es
Print or Type Name
p2 70s— tV i Di) r iF f UA D Lwf Qa
Maili Address
City/State21p
?
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SEP 17 2020
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AC C DCM WILMINGTON, NC
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CAROLINA FINANCIAL ADVISORS
COMPREHENSIVE FINANCIAL MANAGEMENT
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Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 2R411
September 14, 2020
Katharine Elks
Division of Coastal management
127 Cardinal Drive Ext
Wilmington, NC 28405
Re: Aviron Homeowners Major PermitApplitation
As a partof our application we are required to notify the adjacent property owners of the Major permit
application. Enclosed is the signed ADJACENT IRPARIAN PROPt:RTY OWNER STATEMENT for the Barren
Inlet Homeowners Association, the certified mailing receipts for both property owners as well as copies
of the original transmittal letters, proposed changes to the pier and docks, and the original unsigned
OWNER STATEMENTS sent to them via certified mail.
In the original initiation of this process one of the adjacent property owners, Gary Hurley, had expressed
some concerns about the width of the channel_ I personally delivered the,proposed changes over the
Labor Day weekend and reviewed them with him. I also offered to go with hirn and re -measure the
depths we recorded. He has not taken me up on the offer, but he did acknowledge that the channel was
wide in front of our pier. We are fortunate that for this permit application process the channel is
unusually wide at this point at approximately 60 feet at low tide beyond the proposed extension of our
docks. There will be no obstruction of any vessel moving through the creek at that point.
If you have any questionson this project, please call me at 336-944-5001 or email me at
ChHSlones @CarolinaFinancia IAdviso rs.Corn.
Si r
Christoph Jones
Aviron Homeowners Memtse
Enclosu res
DCM
OCT 29

■ Complete Items 1, 2, and 3.
■ Print Y— name and address on the reverse
so that we can return ttta card to you.
R Attach tft anti to the track of the maApiece,
Orion the front if space permits.
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OCT 29 ?e

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
1 �
I hereby mrUty that 1 own property
(Name of Property Owner)
property located at -2700 r'1%: �D I F-: 60",'. o
,� (Address, Lot, Blpck, ad, atr-)
on i-44�e (�65 K in �4j'- y, N.C_
(Waterbody) (City/Town andlor County)
The applicant has described to me, as shown below, the development proposed at the above
i have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION ANO/OR DRAWING OF PROPOSED DEVEI OPMENT
OndhrWatprupiu51ng *vti }Ili' i'ir.muoi — fill in o"Cliptian be[ ow ordiuch a site ararw►ngj
WAIVER SECTION
-
I understand that a pier, dock, mooring pilings, boat ramp, t)rea a er, boathouse, lilt, or groin
must be set back a minimum distance of 15' frorn my area of riparian access unless waived by
me, (ttyou wish to waive the setback, you must initiai the appropriate blank below.)
I do wash to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
ot On Information)
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so that we can return the card to yes.
Attach Ibis rand to the back of tha rrtaWece,
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RECEIVED
October 2, 2020
Dear Division of Coastal Management:
OCT 0 5 2020
DCM WILMINGTON, NC
My name is Gary Hurley, and I am writing you about the CAMA Major permit to dismantle and
reconstruct a portion of the dock for the Aviron Homeowners Association (2746 Middle Sound
Loop Road). I received a letter of notice in the mail (second letter, as I received one back in
May) because I am one of the riparian property owners to the project (I live at 6601 Sylvan
Lane). I am writing because I have some concerns over this proposed project.
If the Aviron Homeowners Association is allowed to extend their pier past the oyster rocks that
currently sit at the furthest reach of their existing pier, and then add a ramp to a floating dock
with room for two mechanical boat lifts off of either one or both sides of the new floating dock,
then I believe the extended pier with ramp and floating dock and boat lifts and boats will choke
other boats' ability to navigate past the new structure, perhaps at any tide but especially at low
tide.
I didn't do a tape measurement, but by my estimate there is roughly 60-70 feet from the edge of
the oyster rocks to the bank on the other side of the creek at MLW. The schematic they sent in
the mail lists the space as 90 feet at MLW, but I question this number and think it should be
verified and/or re -measured.
The problem with the new proposal, as I see it, would be that the new pier would have to extend
beyond or at least to the edge of the oyster rocks (perhaps already subtracting from the 60-70 feet
or so of water at MLW), and then a ramp would extend out to the floating dock (extend
approximately 12 feet or so to make room to install mechanical lifts on the shore side of the
floating dock with room for boats?), and then there's 4 feet of width of floating dock, and then
extend out for two more mechanical lifts on the far side of the floating dock (another 12 feet or
so?).
My quick math has their new proposal extending out and taking up about 28 feet of the 60-70
feet of the water passage space? There must be some permit restrictions against extending a pier
out 293 feet from land (the old pier at 23 8 feet and then add the new pier at 55 feet), and then
adding the ramp and floating docks and mechanical lifts (28 feet), while only leaving 30-40 feet
of passage space?
Please look, or look again, into the math for how far out the proposed project will go beyond the
oyster rocks, as well as how much space there truly is at MLW between the oyster rocks and the
far bank. I would also like to stay informed on the status of the CAMA Major permit to
dismantle and reconstruct the dock for the Aviron Homeowners Association (2700 Middle Sound
Loop Road). I can best be reached at [phone] or [e-mail].
Thank you,
Gary ley
6601 ylvan Lan

Elks, Katharine B
From: [e-mail]
Sent: Monday, October 26, 2020 1:47 PM
To: Elks, Katharine B; 'Jimmy North'; MacPherson, Tara
Subject: [External] RE: Aviron HOA Major
Attachments: Aviron TOP VIEW OF EXISTING AND PROPOSED PIER AND SLIPS.pdf; Hurley email
receipt.pdf; Aviron Elevation View Oct 24 2020.pdf
Katharine -
Attached is an updated top view of the plans with the slips numbered and the existing layout
shown. You had a question about the scale of the plans. I had spent so much time on the width
measurements that I had not paid much attention to the vertical scale. It was a little off and I
have updated this revision to get it to scale. The riparian corridor diagram was to scale and it
shows that we are not close to either boundary or the small channel across the mud flat to the
east.
Also attached is the elevation view all the way out to the channel.
I have gone to great lengths to be as accurate as is humanly possible. This has been quite the
job, even for an accountant. Everything works within the regulations. Granted, we designed it
with those limits in mind so they do butt up close to them. That's not an effort for us to get by
with something, only an effort to fit within the guidelines.
I sent Gary Hurley an email with a delivery receipt which is attached. My wife is friends with
Sharon Jones, no relation to me, the head of the Barren Inlet Association. Sharon had asked
my wife to go to lunch today (on a social outing) and I will have her sign off that she has
received the new plans. I will forward this on to you when I receive it.
I think we are getting closer. Thanks again for the help.
Chris Jones
Aviron Homeowners Association
CAROLINA FINANCIAL
A 0 v S D R i
Christopher Jones, CFP® CPA CKA®
100 E; Lake Dr Suite 100
RECEIVER
OCT 2 6 2020
DCM WILMINGTON, NC
1

ChrisJones@Caro{inaFinancia[Advisors.com
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Subject: Successful Mail Delivery Report
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RECEIVED
OCT 2 6 20?0
AC.M WILMINWON, NC

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AVIRON HOMEOWNERS ASSOCIATION
APPLICATION FOR MAJOR PERMIT- RAPARIAN LINES

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Date &Time: 2020/7/17 11:59 PM
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203 7 0128
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLAMATION OF PROTECTIVE
COVENANTS OF
AWRON SUBDIVISION
THIS DECLARATIONOF PROTECTIVE COVENANTS, made and
entered into this the 22&- day of 1996, by Carol H. Johnson and
wife, Susan L- Johnson, (hereinafter re ,red to 'DEVELOPER ).
WITNESSETH THAT.
-
WHEREAS, DEVELOPER is the owner of all that certain tract of land
known as AVIRON SUBDIVISION located in New Hanover County, North Carolina,
and which is more particularly described on that map recorded in Map Book 35,P age
167, New Hanover County Registry,- and
WHEREAS, it is the desire of the DEVELOPER to insure the use of said
property for attractive residential purposes only, to prevent the impairment of the
attractiveness of the property, to maintain the desired tone of the community, and
thereby to secure to each lot owner the full benefit and enjoyment of each lot owner's
home with no greater restriction upon the free and undisturbed use of each lot than
is necessary to insure the same advantages to the other lot owners,
NOW, THEREFORE, the undersigned does hereby covenant, agree and
declare to and with all persons, firms or corporations now owning or hereafter
acquiring any property in AVIRON SUBDIVISION, that all of the Ibis in said
subdivision as shown on a map recorded in Map Book 35, Page 167, of the New
Hanover County Registry, are hereby made subject to the following PROTECTIVE
COVENANTS (hereinafter `PROTECTIVE COVENANTS). These PROTECTIVE
COVENANTS shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in and to the real property or any part or parts
thereof subject to this DECLARATION OF PROTECTIVE COVENANTS.
kj051
As used herein,
ARTICLE i
DEFINITIONS
A• :Articles" means the Articles of the Incorporation of AVIRON
PROPERTY OWNERS' ASSOCIATION, 1NC
B. Association" means and refers to the AMON PROPERTY
OWNERS,
ASSOCIATION INC-. a nonprofit North Carolina corporation.
C- The Board of Directors" or Board" shall be the elected Board
governing the Association and managing the affairs of the Association.
D- By-laws' means the Bylaws of AVIRON PROPERTY OWNERS'
ASSOCIATION INC.
E. "Committee" means the Architectural Contrvl Committee of the
AVIRON PROPERTY OWNERS' ASSOCIATION, INC.
Retumed To t 11TV L� 0
DECEIVED
aryD VER1Fi y
P..E^iST_R e- 0EES, S AUG 2 5 ZON
!;;Vl RW%WVER N. KC
196 My 29 a'&i gWILMINGYON,
42233 "

BOOK FACE
2 03 7 0 13 0
B. Any dwelling constructed on a Lot subject to these PROTECTIVE
COVENANTS shall contain not less than 1800squam feet of jolly enclosed and heated
bree-fi— space all devoted to living purposes (exclusive of roofed or unroofed porches,
breezeways, terraces, garages and any outbuildings), and in addition not less than
1000 square feet on the first level of structures in excess of one story. The minimum
first level area referred to herein shall not include basements, attached or detached
garages, unheated areas, carports or open porches of any type_ All Lots are subject to
the State of North Carolina rules and regulations concerning All
Lot amter runoff as
these rules and regulations are amended from time to time. These regulations
currently provide that each Lot will be restricted to twenty-five percent (25%) of the lot
as built upon area including impervious surfaces such as foundation; structures;
pavement,- concrete; driveways, including that portion of the driveway located within
a street right -of --way, which runs from the property line to the road pavement; and
walkways or patios of brick, stone or slate, and gravel, marl or stone covered areas,
not including wood decking or the water surface of swimming pools. DEVELOPER
reserves the right to recalculate the maximum allowable built upon area in accordance
with the storm water runoff rules and regulations of the State of North Carolina. All
drainage swales or drainage patterns used to treat stormwater runoff as required by
the State of North Carolina may not be filled in, piped or changed ?without the consent
of the DEVELOPER, its designee, the Association, or the State of North Carolina and
shall be maintained as set lorih in Article 9.D_ herein. The State of North Carolina
is hereby made a beneficiary of these PROTECTIVE COVENANTS to the extent
necessary to enforce its stormwater runoff regulations as the same may be amended
from time to time. This paragraph cannot be changed or deleted without the consent
of the State of North Carolina•_
C. No building on a Lot shall be located nearer to either side line of
such Lot or nearer to the rear line thereof or nearer to t
building setback lines apprnued by DEVhe fronELOPER in accordancet thereof than the with Article iQ
hereirbelow- For the purposes of this covenant, eaves and stoops shall not be
considered as a part of a building,- provided, however, this shall not be construed to
be deemed to Permit encroachment of any no
onto another Lot. No
swimming pool on any Lot shall be located nearer than twenty (2o) feet from the side
or rear Lot lines. No above ground swimming pool shall be allowed. The minimum
setback lines described hereinabove are not intended to create uniformity of setback_
They are meant to create a sense of spaciousness and to avoid monotony_ For such
Purposes it is the DEVELOPERS intent that setback lines may be staggered where
appropriate_
D. No Lot or Lots shall be subdivided or combined to enlarge a Lot_
E. AlI plumbing fixtures and sources of sewerage located on Lot
shall be connected to an individual septic tank or other sewer system located a upon
such Lot and approved by the appropriate governmental authorities and the
DEVELOPER. Each such approved individual septic tank or sewer system shall be
in
maintained in good and proper working order and condition ewer
the Owner be
accordance with the, ofgovernmental authorities having jurisdiction. No
outside toilet shall be constructed or permitted on any Lot except during construction
as herein espr3essly provided
F Construction activity on a Lot shall be confined within the
bo"r`da of said Lot. Each Lot Owner shall have the obligation to collect and
dispose of all rubbish and trash resulting from construction on his Lot.
G. All Lots shall be well maintained and no accumulation of rubbish
or debris shall be perntitted. The Owners of all unbuilt upon hots in the Subdivision
shall clear their Lots of underbrush at least one time each year. I f the Owners do oat
clear clear
a Lot as required by this paragraph, the Assar•iation shall have the authority
to clear any such Lot of underbruuh and separately assess the costa such work
RECEIVED
AUG 2 5 2N ]
.DCM WILMINGTON, NC

BOOK PACE
2037 0 12 9
F "Common Areas" means all real and personal property, together
with those ar-daeas within dedicated portions of the Subdivision, which may be deeded
to or acquiredr-t by the Association or not, for the common use and enjoyment of the
members of tFse Association or in which the owners have a partial or common right or
privilege to 19-2se and enjoy as Provided by these PROTECTIVE COVENANTS as well
as arnendmee-2ts hereto. Common Areas specifically include, but are not limited to,
Private streets and rt)ads, the thirty (30) foot access easement, the ten (ID) foot private
Pedestrian ac-cess easement, (both of which are shown on that map recorded in Map
Book 35, Pages 167, of the New Hanover County Registry), pier and dock facilities for
the boat slips and other areas which maybe designated as Common Areas, within the
Subdivision.
G. "Common Expenses" means and includes actual and estimated
expenses of maintaining and operating the Common Areas and operating the
Association for general purposes, including any reasonable reserve, as may be found
necessary anc�& appropriate by the Board of Directors pursuant to these PROTECTIVE
COVENANTS, the Bylaws and the Articles of Incorporation of the Association.
DEVELOPER" means Carol H. Johnson and wife, Susan L.
Johnson, thei r heirs, successors and assigns or any legal entity acquiring ownership
ofportions oF— the Development Area heretofore not dedicated with the intent and for
the purpose of further developments.
t- "Lot" shall mean and refer to any one of those four (4) parcels of
real property which are intended for single family residential purposes only, as set
forth hereinbF--low, and which are designated on the map of AVIRON.
—7. Member" shall mean and refer to each and every person and entity
who or whit& owns a Lot in AVIRON SUBDIVISION.
A'-<. "Owner" shall mean and refer to the owner or holder (by purchase,
devise, inher.,aeance, decree or otherwise) whether one or more persons or entities, of a
fee simple titles to or interest in any Lot, including DEVELOPER, and contract sellers, But excluding those having such interest merely as security for the performance of an
obligation or ache payment of an indebtedness-
Z---. "Subdivision"means all of that real property known collectively as
AMON as sown on that map recorded in Map Book 35, Page 167, New Hanover
County Regis ry.
ARTICLE 2
APPLICABILITY
These PROTECTIVE COVENANTS shall apply to all subdivided
numbered Lv�s and other real property shown on the aforesaid plat or map, which
Lots
herein and property are for residential purposes only, except as otherwise provided
ARTICLE 3
RESTRICTIONS ON USE AND OCCUPANCY
.'L-- No Lot shall be used except for single family residential purposes.
IVo commercic el use shall be permitted on any Lot. No structure shall be erected,
Placed or perrr=itted to remain on any Lot other than one (I) detached, single famil3,
residence dwelling not to exceed two and one-half stories in height above floor or piling level and such outbuildings as are usually accessory to a single family residence
dwelling, including a private enclosed garage.

BOOK PAGE
2037 0I30
B- Any dwelling constructed on a Lot subject to these PROTECTIVE
COVENANTS shall contain not less than 1800 square feet of fully enclosed and heated
floor space all devoted to living purposes (exclusive of roofed or unroofed porches,
breezeways, terraces, garages and any outbuildings), and in addition not less than
1000 square feet on the first level of structures in excess of one story. The minimum
first level area referred to herein shall not include basements, attached or detached
garages, unheated areas, carports Or open porches of any type, All Lots are subject to
the State of North Carolina rules and regulations concerning stormwater runoff as
these rules and regulations are amended from time to time These regulations
currently provide that each Lot will be restricted to twenty-five percent (25%) of the lot
as built upon area including impervious surfaces such as foundation; structures;
Pavement; concrete; driveways, including that portion of the driveway located within
a street right -of --way, which runs from the property line to the road pavement, and
walkways or patios of brick, stone or slate, and gravel, mart or stone covered areas,
not including wood decking or the water surface of swimming pools. DEVELOPER
reserves the right to recalculate the maximum allowable built upon area in accordance
with the storm water runoff rules and regulations ofthe State of North Carolina_ All
drainage swales or drainage patterns used to treat stormwater runoff as required by
the State of North Carolina may not be frlled in, piped or changed !without the consent
of the DEVELOPER, its designee, the Association, or the State of North Carolina and
shall be maintained as set forth in Article 9_D. herein_ The State of North Carolina
is hereby made a beneficiary of these PROTECTIVE COVENANTS to the extent
necessary to enforce its siormwater runoff regulations as the same may be amended
from time to time_ This paragraph cannot be changed or deleted without the consent
of the State of North Carolina.
C. No building on a Lot shall be located nearer to either side line of
such Lot or nearer to the rear tine thereof or nearer to the front thereof than the
building setback lines approved by DEVELOPER in accordance with Article 10
hereirbelow. For the purposes of this covenant, eaves and stoops shall not be
considered as a part of a building; provided, however, this shall not be construed to
be deemed to permit encroachment of any improvement onto another Lot. No
swimming pool on any Lot shall lie located nearer than twenty (20) feet from the side
or rear Lot lines. No above ground swimming pool shall be. allowed. The minimum
setback lines described hereinabove are not intended to create uniformity of setback.
They are meant to create a sense of spaciousness and to avoid monotony_ For such
Purposes it is the DEVELOPERS intent that setback lines may be staggered where
appropriate.
D- No Lot or Lots shall be subdivided or combined to enlarge a Lot.
E. All plumbing fixtures and sources of sewerage located on a Lot
shall be connected to an individual septic tank or other sewer system located upon
such Lot and approved by the appropriate governmental authorities and the
DEVELOPER. Each such approved individual septic tank or sewer system shall be
maintained in good and proper working order and condition by the Owner in
accordance with the requirements ofgovernmenud authorities havingjurisdiction. No
outside toilet shall be constructed or permitted on any Lot except during construction
as herein expressly provided.
F Construction activity on a Lot shall be confined within the
boundaries of said Lot. Each Lot Owner shall have the obligation to collect and
dispose of all rubbish and trash resulting from construction on his Lot.
G. All Lots shall be well maintained and no accumulation of rubbish
or debris shall be permitted. The Owners of all unbuilt upon Lots in the Subdivision
shall clear their Lots of underbrush at least one time each year If the Owners do rat
clear their Lot as required by this paragraph. the Association shall have the authority
to clear any such Lot of underbrush and sepa ately assess the oust o such war*
RECEIVED
AUG 2 5 2023
.DCM WILMINGTON, NC

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Jimmy north <UMmYmnar#OgmaIl i >
ii-Ib
Jfromy North yimmymnorthQgmail.com>
To- kalhanne.elksanodenr gov
To- CAMA
From, Jimmy Noah
The project proponent hereby certifies that all information contained
herein is true, accurate,
and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority
review and take action
on the CWA 401 certification within the applicable reasonable period of time.
Thank you,
Jimmy North
Tue, Sep 29, 2020 at 9:1S.A1
RECE1VEa
SEP $ 9 202a
DCM WILMINGTQjV, NC

,immy North <1lmmyMn0rth fgrr all,c
Jawray Nodh --jimmyrnnorthQgmail.com>
To- [e-mail]
To: CAMA
From; Jimmy North
The project proponent hereby certifies that all information contained
herein is true, accurate,
and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority
review and take action
on the CWA 401 certification within the applicable reasonable period of time.
Thank you.
Jimmy North
Tue, Sep 29, 2020 at 9;15 Al
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
ECEIV
S Z020
M WILMINGTO C

ROY COOPER
I ­II !n"
MICHAEL S. REGAN
S°irunr
BRAXTON DAVIS
iJirrcmr. I)wwon of Coogal
Manageme
November, 6 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.weychert@NCDEN R.gov
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6 x50' fixed pier and connecting (2) 16 x6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5 x75'
floating platform with two mechanical boatlifts. The total slip count will remain the
same at four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by December 2, 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

IflVI02236IIIAI�YI��IIIYIII
Prepared by:
Clark, Newton & Evans, P A.
509 Princess Street, Wilmington, NC 28401
WITHOUT TITLE OPINION OR TAX ADVICE
Desc: U 4 Aviron PIN: R05108003004000
If checked, the property includes
the primary residence of at least one of the
parties defined as Grantor (NCGS 9106-317.2)
NORTH CAROLINA
COUNTY OF NEW HANOVER
5FOR REGISTRATION REGISTER OF DEED'
JENNIFER H MACNEISH
NEW HANOVER COUNTY NC
2011 AUG 17 03 02 37 PM
N 55M PG 2959-2962 FEE $25 N
NC REV STRAP $3,900 00
MTRMI # I011EM?
Return to BAILEY & WK
SBY
W I Ernan
GENERAL WARRANTY DEED
REV.$'?Ijor
THIS DEED, made this the l61 day of August, 2011, by and between ROBERT G.
BRADY, whose mailing address is I209 Circle Bay West, Wilmington, NC 28405, an
unmarried man, and LINDA A. BRADY, an unmarried woman, Grantor, and MICHAEL S.
LEV NTO, whose mailing address Is 10 i eAhlW �� rV��l?1)dn� I NJ 0 jgej , Grantee,
The designations Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as
required by context t (VAnle"vn A)
WITNESSETH. that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and
convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New
Hanover County, North Carolina, and more particularly described as follows
KNOWN AS 2709 Middle Sound Loop Rd., Wilmington, NC, 28411, and
BF-ING all of Lot 4, Aviron, as shown on plat recorded in Map Book 36,
Page 93, New Hanover County Registry.
This conveyance is trade pursuant to that domestic "Mediated Settlement Agreement and
Order" filed 24 May, 2011, in the Office of the Clerk of Superior Court,
North Carolina for the division of manto e ;
0CT ?, 9 2020 OCT

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in
fee simple, has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated-
1 Ad valorem taxes for 2011 and subsequent years,
2 Rights of way and easements of record, if any,
3 Zoning and/or subdivision ordinances and regulations, if any, and
4 Restrictive covenants of record, if any
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the
manner prescribed by law, as of the day and year first above written
NEW HANOVER COUNTY, STATE OF NORTH CAROLINA
I certify that the foliowing person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Robert G. Brady
Date: August , 2011
D
O
�G0)
Notary Public
Notary's Printed or Typed Name
My ci`601ssion texpires:
III

NEW HANOVER COUNTY, STATE OF NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Linda A. Brady
Date: � � ii////
Ilk 11
-
r. -
_ 07 p rn _
Q. t >
Notary Public
,,/JNr fI 11100 ��\ Notary's Printed or Typed Name
My commission expires: �C�1

JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration, 08/1712011 03.02 37 PM
Book: RE 5580 Page: 2959-2962
Document No.- 2011022362
4 PGS $25 00
NC REAL ESTATE EXCISE TAX: $3,900 00
Recorder JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2011022362*
2011022362

Tammy Theusch Beasley
Register of Deeds
New Hanover County, NC
Electronically Recorded
2013 Sep 24 09:21 AM RE Excise Tax:$1,400.00
Book: 5771 Page: 1518 Fee: $26.00
Instrument Number2013034450
Non -Standard Fee:
NORTH CA.ROLINA GENERAL WARRANTY DEED
Excise Tax: $1400,00 .J A 6
Parcel Identifier No. R05108-003-001000
Property Address: 2705 Middle Sound Logp Road W mi on, NC 2841 1
c Prepared By: Baker & -Colby, PLLIC
00 Return to: 1001 Military Cutoff Rd, Suite 204 u
v
o Wilmington, NC 28405
M Brief Description for the Index LOT 3, Aviron Subdivision
0
tV
THIS DEED made this. 1'&tk) day of M bt C 2013, by and between
GRANTOR GRANTEE
Debbie A Foote aka Deborah A Foote and
husband, Barry Foote
Mailing Address: 92 Lassiter Pond Road
Smithfield, NC 27577
Christopher Jones and wife, Elizabeth Jones.,
Mailing Address: 2705 Middle Sound Loop Road
Wilmington, NC 28411
The designatiota Grantor and Grantee as used heteia shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine ox neuter as required by contest
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land. situated in the City of Wilmington, Nwv County, North Carolina and more
particularly described as follows
BEING ALL OF LOT 3, AVIRON SUBDIVISION, AS SUCH LOT IS MORE PARTICULARLY SHOWN
AND DESCRIBED ON THAT MAI' ENTITLED REVISED MAP OF AVIRON AND RECORDED IN
MAP BOOS 36, PAGE 93 OF THE NEW HANOVER COUNTY REGISTRY.
[PARCEL ID: R0510&003-003-000] ,.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 456g age 54,1
A naAp showing the above described property is recorded in flat Book page 21. 0
submitted electronically by "Baker & Colby. PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of needs.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the Lawful claims of all persons whomsoever, other than the following exceptions'
Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and
to the provisions of all applicable restrictive covenants and utility easements of record.
IN WITNESS WHEREOF, the CYrantor has duly executed the foregoing as of the day and year first above written.
Z'
W Deb ie A. Foote
This. is is n _ ray primary residence
Pa _
O
(SEAL)
Foc tt
property is �! is not____. my primary residence
C4
\ L Q f County ` State of NortK co-Wh
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated.therein and in the capadty in ted
Li
Dated. '� t 'i
commission
Printed N.
.,-- _--_ _ Notary Public
Certificate(s) of is/are certified
This instrument and this certificate are duly registered at the date and time and in the Book and Page
on the first page hereof.
UO
Register of Deeds for County
Deputy/Assistant — Register of Deeds

Major Permit Fee Schedule
Project Name; P'4 1W1(1
County: tl"A -
Check No & Amount:
Development Type
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
FFe
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
100% ($250)
0% ($0)
open water areas:
II. Public or commercial development that
does not involve the filling or excavation $400
of any wetlands or open water areas:
100% ($400)
0% ($0)
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D beicw applies:
. Private, non-commercial
ent, if General Water Quality $250
ion No. 4175 can be applied:
100% ($250)
0% ($0)
Feen
ic or commercial development,
al Water Quality Certification $400
100%($400)
0% ($0)
. 4175can be applied
If General Water Quality
n No. 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is $400
60% ($240)
40% ($160)
needed because of concerns related to
water quality or aquatic life
III(D) If General Water Quality
$400
Certification No 4175 cannot be applied.
60% ($240)
40% ($160)
lV. Development that involves the filling
and/or excavation of more than one acre $475
of wetlands and/or open water areas:
60% ($285)
40% ($190)