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20211117 Ver 1_CAMA Application_20210713
DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: DJM-NC, LLC c/o Debbie Wilson PROJECT NAME: 2016 / 2020 Deep Creek Run Docking Facilities 2. LOCATION OF PROJECT SITE: 2016 and 2020 Deep Creek Run, adjacent to the Atlantic Intracoastal Waterway, in Wilmington, New Hanover County. Docking facility 2016 Deep Creek Run: Latitude: 34°15'48.74" N Longitude: 77°46' 21.19" W Docking facility 2020 Deep Creek Run: Latitude: 34°15'48.19" N Longitude: 77°46' 21.66" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/7/2021 Applicant Present- No 5. PROCESSING PROCEDURE: Office - Wilmington Application Received 6/23/2021 DWR WQC Pre -filing date: 6/7/2021 Application Complete 7/7/2021 Day 30 for WQC Pre -filing 7/7/2021 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (Open Water) (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing 2016 Deep Creek Run: - Residential home and bulkhead Existing 2020 Deep Creek Run: - Private docking facility and bulkhead Planned 2016 Deep Creek Run: - Private docking facility with a floating dock with a total of 2 slips. Planned 2020 Deep Creek Run: - Enlarge the existing float and add a float for a total of 4 slips. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) 210 ft2 (incorporated) (B) Non -Vegetated Wetlands (Open water) 810 ft2 (incorporated) (C) Other (Highground) 270 ft2 (shading) (D) Total Area Disturbed: 1,290 ft2 (-0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a new private docking facility with 2 slips at 2016 Deep Creek Run and expand the existing docking facility at 2020 Deep Creek Run to accommodate up to 4 slips for a total of 6 slips between the two parcels owned by the applicant. DJM-NC, LLC Page 2 9. PROJECT DESCRIPTION: The project site is located at 2016 and 2020 Deep Creek Run adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The project site can be located from 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 at Ogden Elementary and continue to travel north approximately 1.8 miles until you reach Mason Landing Road. Turn left onto Mason Landing Road until you reach Deep Creek Run, which will be located on the right. Turn right onto Deep Creek Run until you reach the properties of interest. The two parcels that make up the project site total approximately 1.58 acres in size. The 2016 Deep Creek Run parcel is currently maintained as single-family residence and the 2020 Deep Creek Run parcel is undeveloped. The adjacent properties to the north and south are residential home sites. The highground of the 2016 Deep Creek Run single family home is vegetated primarily with maintained lawn grass and ornamental landscaping. The undeveloped 2020 Deep Creek Run parcel is vegetated with a mix of lawn and native grasses and live oak trees. The elevation of the high ground area of the properties averages approximately 10' above normal high water (NHW). The properties border a small, shared boat basin, measuring approximately 60' across and 400' in length which connects to the AIWW. Located between the boat basin and Middle Sound/AIWW is a band of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina altemiflora), which measures approximately 200' in width. There is approximately 50' of shoreline associated with 2016 Deep Creek Run and approximately 100' of shoreline associated with 2020 Deep Creek Run stabilized with a wooden retaining wall. Waterward of the retaining wall is an area of highground and high marsh approximately 6-13' wide consisting primarily of small saplings, Wax Myrtle (Myrica cerifera), and Goldenrod (Solidago sempervirens) the area then slopes into coastal wetland approximately 15 feet wide, composed primarily of Smooth Cordgrass (Spartina altemiflora) and Cattail (Typha sp.). According to the applicant water depths in the vicinity of the existing floating dock are currently -4" normal low water (NLW). Permit history for the shared boat basin and access channel include State Permit #139-76 issued on 8/6/1976 which authorized basin dimensions of 100' X 125' and access channel dimensions of 400' X 30', both at a depth of -6' MLW. This permit was renewed two times. The last renewal had an expiration date of April 30, 1981. Aerial photography indicates that the project was maintained sometime between 1978 and 1984. State Permit #107-98 issued October 8, 1998 also authorized maintenance dredging for the boat basin and the access channel. The authorized dimensions of the basin at that time were 80' x 85' to a depth of -6' MLW. Authorized access channel dimensions were 480' x 15' (bottom width) to a depth of -6' MLW. This permit was modified several times, including a modification authorized on June 12, 2003 to expand the access channel dimensions to 150' x 20' (width) to a depth of -2' Associated with 2020 Deep Creek Run is an 18' by 18' gazebo with access to a floating 2 slip docking facility. The gazebo extends from the retaining wall over approximately 13' of highground and 5' of Coastal Wetlands with a small 6' by 9' access pier extending perpendicular to the shoreline into the man-made basin with a ramp extending north down to the 6' by 40.5' floating dock positioned parallel to the shoreline and crossing the riparian line shared with 2016 Deep Creek Run. The docking facility was permitted to have a 16' by 16' fixed platform under General Permit 74713- D, issued on September 16, 2019; however, there is no permit history for the existing roof and the properties were recently purchased by the applicant. Most recently, State Permit # 22-21 was issued on February 25, 2021 authorizing maintenance dredging for the adjacent boat basin and access channel to -5 NLW with the condition that "No excavation shall take place within 10 feet of any Coastal Wetlands.". A pending Major Modification for State Permit # 22-21 will be distributed soon that proposes to widen the access channel within previously permitted dimensions. Authorization of this major modification may alter the minimum distance of excavation to Coastal Wetlands in the vicinity of the access channel. The current depths in the boat basin range from shoaled mud flats in the vicinity of the proposed floating docks to approximately -2 NLW. The current New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of Middle Sound/AIWW are classified SA-ORW by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. DJM•NC, LLC Page 3 PROPOSED PROJECT: The applicant proposes to construct a new private docking facility with 2 slips at 2016 Deep Creek Run and expand the existing docking facility at 2020 Deep Creek Run to accommodate up to 4 slips for a total of 6 slips between the two parcels owned by the applicant. The new private docking facility at the 2016 Deep Creek Run parcel would include a 6' wide by 26' long fixed access pier extending from the retaining wall into the boat basin perpendicular to the shoreline. The access pier would span some highground and therefore approximately only a 6' by 20' pier would extend below NHW. An access ramp would extend from the north side of the fixed pier parallel to the shoreline onto a 6' by 48' floating dock also positioned parallel to the shoreline. According to the applicant, the existing 18' x 18' gazebo and 6' by 9' access pier located at 2020 Deep Creek Run would remain unchanged. Current site conditions in the vicinity of the gazebo indicate that approximately 13' of the gazebo extend over highground, with the remaining, 5' by 18' portion over NHW and coastal wetlands. From the 6' by 9' fixed pier the existing access ramp extending north parallel to the shoreline would remain and a new ramp would extend to the south would be added. The floating dock to the north would expand from 6' by 40.5' to 6' by 44' and the floating dock to the south would measure 6' by 34' in length, both positioned parallel to the shoreline (see Sheet 4 of 5). According to the applicant, at NLW there is an approximately +6" shoal in the location of the proposed floating dock in front of 2016 Deep Creek Run and the proposed southern floating dock at 2020 Deep Creek Run. The depths around the existing float at 2020 Deep Creek Run are approximately -4" NLW (See Sheet 3 of 5). The boat basin where the proposed floating docks are located is scheduled for maintenance excavation however the location of the proposed floating docks are not within the excavation footprint, due to the permit condition that requires excavation remain a minimum of 10' from any Coastal Wetland. According to the applicant, if commenting agencies have concerns about water depths around the proposed floating docks stops will be installed. The proposed docking facility at both properties would adhere to the Y width rule, which, in this location is approximately 11.75' for the 47' wide water body. The proposed floating docks would encroach into the 15' riparian setback between the parcels as well as the adjacent neighboring parcels, for which waivers have been obtained. 10. ANTICIPATED IMPACTS: The proposed new private docking facility at 2016 Deep Creek Run would incorporate approximately 288 ft2 of Public Trust Area, shade approximately 120 ft2 of Coastal Wetlands, and shade approximately 36 ft2 of high ground. The proposed docking facility expansion at 2020 Deep Creek Run would incorporate approximately 225 ft2 of additional Public Trust Area which, added to the existing structures below NHW total 522 ft2 of incorporation, 90 ft2 of Coastal Wetland shading, and 120 ft2 of highground shading. The total incorporation of Public Trust Area, Coastal Wetland shading, and highground shading for the project area consisting of both parcels would be 810 ft2, 210 ft2, and 270 ft2 respectively. Minor increases in turbidity should be expected during construction. Submitted by: Katharine Elks Date: 7/12/2021 Office: Wilmington Narrative As acting agent for DJM-NC, LLC c/o Dan Smith, I am submitting a CAMA Major Permit application for their property located at 2016 & 2020 Deep Creek Run, Wilmington, in New Hanover County. There is an existing docking facility located at 2016 and the existing floating dock (6' x 401/4') encroaches into the Riparian Corridor of 2020. This floating dock will be removed and replaced with a conforming 6' x 44' floating dock. A new access ramp will be installed leading to a new floating dock (6' x 34') to be located on the western side of the existing 6' x 9' finger pier running parallel to the shoreline. As proposed, this docking facility will accommodate up to 4 small vessels. A new docking facility is being proposed at 2020 Deep Creek Run consisting of a 6' x 26' pier extending from the existing bulkhead. A new 3' x 16' access ramp will extend from the eastern side of this pier down to a new 6' x 48' floating dock running parallel to the shoreline. As proposed, this docking facility will accommodate 2 vessels. The existing water depths in the areas of the proposed floating docks range from +6" to -6" @ NLW. It should be noted that there is an active CAMA Major Permit (#22-21) which authorizes dredging of the adjacent man-made channel to -5' @ NLW. If there are concerns from commenting agencies regarding water depths within the floating dock areas, then stops will be installed. As proposed all structures will conform to the 14 width of the waterbody limitation which is 11 %' since the width of the waterbody measures 47' in this location. The proposed structures will encroach into the adjacent 15' riparian corridor setbacks, however, waivers have been obtained from both of the adjacent property owners. The DWR pre -filing meeting request has been filled out on the website and a copy of the return email resulting from that submittal is included in this CAMA Major Permit application. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you have any questions or concerns. RECEIVED:) JUN 2 3 2021 DCM WILMINGTON, NC DCM MP-1 APPLICATION for Malor Development (last revised 12/27/06) Permit North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name DJM-NC, LLC Project Name (if applicable) 2020 & 2016 Deep Creek Run Applicant 1: First Name Daniel MI E Last Name Smith Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1838 Sir Tyler Drive PO Box City Wilmington State NC ZIP 28405 Country USA Phone No. 910- 200 -3454 ext. FAX No. - - Street Address (if different from above) City State ZIP Email dan@shp2.com 2. Agent/Contractor Information Business Name l Contractor 1: First Name MI Last Name Wilson Debbie Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmington State NC ZIP 28408 Phone No. 1 910 - 612 - 0402 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email debbiew75 aAcharter.net RECEIVE(_,‘ <Form continues on back> JUN 2 3 202 DCM WILMING'T'ON NC 252-808-2808 1-8t+8-4RCOAST .. www.rccoastairnanagernerst.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) New Hanover Street Address 2020 & 2016 Deep Creek Run State Rd. # Subdivision Name R. H. Walker Estate City Wilmington State NC Zip 28411 Phone No. 910- 200 - 3454 ext. Lot No.(s) (if many, attach additional page with list) Tract A & Tract B ' a. In which NC river basin is the project located? White Oak b. Name of body of water nearest to proposed project Man-made canal offAIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. AIWW, Middle Sound •Natural ®Manmade ['Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. New Hanover County Yes • No 4. Site Description a. Total length of shoreline on the tract (ft.) 152 lineal feet along NHW Line b. Size of entire tract (sq.ft.) 69 185 sq ft. c. Size of individual lot(s) 20 610 sq p & 48 575 sft. (If many lot sizes, ease attach tad ihonal page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) i � NHW or i• N W L 6' - 26' e. Vegetation on tract Ornamental landscaping, Oak trees, lawn grasses, Wax Myrtles and Coastal Wetlands. f. Man-made features and uses now on tract Single family residence, bulkhead, private pier, covered platform and floating dock. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? Residential R-20S i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes ■ No ■ NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ■ Yes 0 No k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. ■ Yes 0 No DNA I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a ■Yes i No ■NA <Form continues on next page> JUN 2 3 202� nCM WILMINGTON NC 232-BO8-2808 .. 1•868-4RCOAST .. www.nccoastaimanagernent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) O Yes ❑No 0 Yes • No Yes ■ No See Site Plan n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. )1190101( Well p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ■Commercial ❑Public/Government CI Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential docking facility. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it Is to be stored. Typical marine construction with a barge mounted pile driver. d. List all development activities you propose. Install 1 new pier, 2 new floating docks, relocate & shorten 1 existing 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? ®Sq.Ft or •Acres 912 g. Will the proposed project encroach on any public easement, public accessway or other area ■ Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stormwater be discharged into a wetland? ■ Yes 0 No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ■ No DNA j. Is there any mitigation proposed? ❑Yes :I No ■ NA If yes, attach a mitigation proposal. RFGFivE C; <Form continues on back> JUN 2 3 202'. DCM WILMINGTON, NC; 252-so8-2n08 .. 1- 88 8.. <. It cit A ST r.. e.u,.❑r... Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly preparethe required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Elizabeth Lennon Address 2028. Deep Creek Run, Wilmington, NC 28411 Name Dellaine Risley Phone No. Address 2010 Deep Creek Run, Wilmington, NC 28411 Name - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GP #74686 issued to: Emmett Aldredge on 6/20/19 for a bulkhead and docking facility, CAMA GP #74713 on 9/16/21 for a offer and floating dock. CAMA Major Permit # 22-21 issued on 2/25/21 to Aldredge Lennon and Risley for Dredging 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 public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 6/1/21 Print Name Debbie Wilson A ent for Dan Smith 94 Z< Signature R.. 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 ® DCM MP-4 Structures Information RECEIVE° .hill 2 3 202! ��!CM WILMIt1GTON NO 252.808.2008 :: 1.888.4RCOAST :: www.nccoasfalrnanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (I) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 3 Floating 1 Pier (iii) Length 48' 44' 34' 26' (iv) Width 6' 6' (v) Floating ®Yes ®No e. (i) Are Platforms included? ❑Yes No 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 6 Total (li) Number of slips existing 2 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ['Other; please describe: k. Typical boat length: 16' - 26' m. (i) Will the facility have tie pilings? ❑Yes MNo (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes No d. (i) Are Finger Piers included? ❑Yes No If yes: (ii) Number (iii) Length (iv) Width (v) Floating [Yes ❑No f. (i) Are Boatlifts included? Eves No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service 0 Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: 0 Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: None Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout I. (i) Will the facility be open to the general p� o Eves ®No RECEIVED JIJN 2 3 2021 DCM WILMINGTON. NO r.'ov rt3h't2/277QG Form DC1111 MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets 0 Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED JUN 2 3 202'1 DCM WILMINGTON. NC 252.808.2808 :: 1-888-4RCOAST :: wwev.nccoastalmanngen ent.net revised: 12/27/06 Form DGNi MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ['SS OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) MTh's 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, sheetptle, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER`(e.g., wood, sheetpile,-etc.) El This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS El This section not applicable a. Is the structure(s): ❑Commercial ['Public/Government ['Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVEi. JUN 2 3 202` DCM WILMINGTON. NC 252-lbOR-2008 ;: 1-SFFa-4NC OAST ;; vVtvwmccoastalmanagement.net revised: 12/27/06 z"srCfW MIL-4 (Structure„ "flag 4 o h) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 2' to the north and 1' to the south Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 47' e. (i) Will navigational aids be required as a result of the project? Dies No DNA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 82' to the north and 72' to the south d. Water depth at waterward end of structure at NLW or NWL 4.6 .-b�,before dredging 8. OTHER ❑This section not applicable a. Give complete description: Shorten/relocate existing floating dock so that it does not cross over the riparian corridor line, install a 2nd floating dock to the south of the existing floating dock at 2020 (Tract A) Deep Creek Run. Install new oier and floating dock at 2016 (Tract B) Deep Creek Run. 6/1/21 Date 2020 & 2016 Deep Creek Run Project Name DJM-NC, LLC c/o Dan Smith Applicant Name 9 /'-e 2% Agent Applicant Signature RECEIVEI JUN 2 3 ?O2' DCM WILMING" ON J1n4fnJ yf f-li'L,IE,`?: r . d; i2:27O; From: "debbiew75" <debbiew75@charter.net> To: debbiew75@charter.net Cc: Bcc: Priority: Normal Date: Thursday June 24 2021 9:04:03AM FW: Pre -Filing Meeting Request Acknowledgement - 2016 & 2020 Deep Creek Run Sent from my U.S.Cellular3© Srnartphone Original message From: laserfiche@ncdenr.gov Date: 6/7/21 12:52 PM (GMT 05:00) To: debbiew75@charter.net Subject: Pre -Filing Meeting Request Acknowledgement - 2016 & 2020 Deep Creek Run The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for 2016 & 2020 Deep Creek Run that you submitted on 6/7/2021. Attached is a copy of your request. All certification requests (applications) must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. The Division can not accept an application for your project earlier than 30 days from this pre -filing meeting request. Applications that do not meet this 30-day requirement will be returned. Please save this email/attachment; it must be submitted with your application to document that this requirement has been met. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. RECEIVED .lUI_ 0 2021 QCM WILMINGTON, NC R CEIVer) JUL 0.1 2021 DCM WILMINGTON, NO ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Debbie Wilson PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality July 12, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for DJM-NC, LLC c/o Dan Smith for State approval for development of the subject property located at 2016 and 2020 Deep Creek Run adjacent to the Intracoastal Waterway, in Wilmington, New Hanover County. It was received as complete on July 7, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 20, 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 July 7, 2021 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, c.1/4_,#1.J-Y w.A C. 7 Katharine Elks Field Representative cc: Gregg Bodnar, DCM Holley Snider, DWR DJM-NC, LLC c/o Dan Smith, Applicant USAGE Christine, Bouffard, LPO D_EQ North Carolina Department of Environmental Quality Division of Coastal biansgement Wilmington Office 12? Cardinal Drive E erension Wilmington. North Carolina 28405 910.796.7215 1- 5 W a 4 a 0. Q I. i. I. 111 1. 4. I. `4 e- ra, 2 x i 0 ._ cts P. J a 31) N 0 n tct eu 2 c_ - c ] sr�_ 2 of sco QUL 1 Lao S >a) mit- a) I 3L_1 ;T. oP- ,; ust7,2021 Q 0 Ci CC W CO Q Z w O w 00 cri J ~ Zr M W W O b W J w Q CC OO 2O CL W O I w APPLICANT: c/o Daniel E. Smit Mi q) Q c/o Debbie Wilson (910) 612-0402 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 13, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • Hall Barnett • DJM-NC, LLC • Frank Golden • Dellaine Risley, Dan Smith, Elizabeth Lennon Hello: Please publish the attached Notice in the Saturday, July 17, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). 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. cc: MI -IC Files Gregg Bodnar — MHC USACE cerely, anya Pietila Permitting Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 1 13A- 1 19(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On July 11, 2021, Hall Barnett proposed to construct a bulkhead & reconfigure a private docking facility to include 2 (two) new boatlifts for a total of four (4) slips at 127 Beach Rd. S. adj. to Banks Channel in Wilmington, New Hanover County; On July 12, 2021, DJM-NC, LLC proposed to construct a new private docking facility with two (2) slips at 2016 Deep Creek Run & expand an existing docking facility to four (4) slips at 2020 Deep Creek Run to a total of six (6) slips between the parcels, adj. to the AIWW in Wilmington, New Hanover County; On July 12, 2021, Frank Golden proposed to reconfigure & expand an existing docking facility to a total of four (4) slips at 8700 Bald Eagle Ln., adj. to the AIWW in Wilmington, New Hanover County; and on July 14, 2021, Dellaine Risley, Dan Smith & Elizabeth Lennon proposed to expand the width of the authorized dredge footprint (State Permit No. 22-21) to 20' in width for 160', & 30' in width for 350' at 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW 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, (910) 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 August 7, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. fD.E NORTH CAROUNA ElsprImenta Environments' Wan� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION inNe i) fan th -e s- County. Name of Property Owner Requesting Permit: l (Yl "NL. r LL<_ Mailing Address: c() S\I T�IQ C 'b(1�,�' 3t e, 2.( \Nr,l tic\ L, a R-4O Phone Number: coo-apt-7- L f\ ) Email Address: �L n S�'1�'a . Cciv'\ 3 in (L ra rDshp (cry-, I certify that I have authorized Debbie Wilson, Agent Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: C C.k_S at my property located at c a cA_ p �,t�C. Pun w)1 r 1 rft n �-�- at--F l i 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 permit application. Property wrier +rformation: Signature --baP )-eJ Srn i 1 L, Print or Type Name Title 5 / 5 1 '2_ t Date This certification is valid through 1 1 RECEIVED JUN 2 3 202' DCM WILMINGTON, NC; CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: DJM-NC, LLC c/o Dan Smith Address of Property: 2020 & 2016 Deep Creek Run, Wilmington, New Hanover County (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Mailing Address: P. O. Box 16275 Agent's phone #: (910) 612-0402 Wilmington, NC 28408 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. t/ I have no objections to this proposal. I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanagement.net/web/cm/staff-listin_q or by calling 1-888-4RCOAST. 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, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) 94e . 2.i, Agent for Signature DJM-NC, LLC c/o Dan Smith Print or Type Name 1838 Sir Tyler Drive Mailing Address Wilmington, NC 28405 City/State/Zip (910) 200-3454 Telephone Number / Email Address 6/1/21 Date (R4parian Property Owner Information) Signature �e/411(?e. A, r'\ ?I-eL( Print or Type Name J ,26/() Deep (ee 1 l�c'i Mailing Address 14INk rt_A, AJC1 o2e5vW/ City/State/Zip Telephone Number/ Email Addre FC[tVFi.` Date Z/7/021 JUN 2 3 ? 0 2. (Revised Aug. 2014) DCM WILMING1ON CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: DJM-NC, LLC c/o Dan Smith Address of Property: 2020 & 2016 Deep Creek Run, Wilmington, New Hanover County (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Mailing Address: P. O. Box 16275 Agent's phone #: (910) 612-0402 Wilmington, NC 28408 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. ave no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact Information for DCM offices Is available at http://www.nccoastalmanauement.net/web/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection If you have been notified by Certified Mail. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) ✓L do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Z.i. Agent for Signature DJM-NC, LLC c/o Dan Smith Print or Type Name 1838 Sir Tyler Drive Mailing Address Wilmington, NC 28405 City/State/Zip (910) 200-3454 Telephone Number/Email Address 6/1/21 Date (Riparian Property Owner Information) a 6_1-+(,___,Ae.,.z Sign .E (tzc�oe� L\ Lfvnrb t\ Print or Type Name (AaG MGc jvi000k cam Mailing Address W, l trnt v\a+Dr QC RBA o7 City/State/Zip eti b S\ a-k.31a-5 bPi-kov \roCarlaCEL Telephone Number/Email Address �aa ),,e5,9 RECEIVED (Revid& NA`f g3 21:0124) DCM WILMINGTON. NO Date 6/23/2021 USPS.com® - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number: 70202450000099501622 FAQs Remove Your item was delivered to the front desk, reception area, or mail room at 1:35 pm on June 5, 2021 in WILMINGTON, NC 28411. Delivered, Front Desk/Reception/Mail Room June 5, 2021 at 1:35 pm WILMINGTON, NC 28411 Get Updates SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. IN Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Elizabeth Lennon 2028 Deep Creek Run Wilmington, NC 28411 II 11II I ui IIII11 II IIIIIII 11 III I II1 I I1I 9590 9402 6667 1060 1130 05 9. Article Number (Transfer from service label) 7020 2450 0000 9950 1639 PS Form 3811, July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signature x CO B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery a �d'ffer@r� fi t item 1? ❑ Yes If YES, ent lipr�r-atdd'r 4,0elow: ❑ No JUi', `Z 3 2021 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery O Certified Mail® 0 Certified Mail Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiiTM ❑ Registered Mail Restricted Delivery 0 Signature Confirmation", ❑ Signature Confirmation; .1 Restricted Delivery - [ rn ,•! Domestic Return Red! iv RECEIVE[ JUN232021 DCM WILMINGTON, NC https://tools.uses.comigo/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70202450000099501622%2C&tABt=false 1/1 6/23/2021 USPS.com® - USPS Tracking® Results USPS Tracking° Track Another Package + Tracking Number: 70202450000099501639 FAQs Remove Your item was delivered to the front desk, reception area, or mail room at 1:36 pm on June 5, 2021 in WILMINGTON, NC 28411. Delivered, Front Desk/Reception/Mail Room June 5, 2021 at 1:36 pm WILMINGTON, NC 28411 Get Updates i SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we oan return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Dellaine Risley 2010 Deep Creek Run Wilmington, NC 28411 111111111111 1111 1111111111 IIIIII I IIIII 9590 9402 6667 1060 1149 34 2. Article Number (Transfer from service label) 7020 2450 0000 9950 1622 PS Form 3811, July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signature 9 ❑ Agent 0 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delive ct re bo • ❑ No .N232021 3. Service TjI4 M W I M N G Priority vautxpress® ❑ Adult Signature 0 Registered MailTM ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted ❑ Certified Matl® Delivery ❑ Certified Mail Restricted Delivery 0 Signature Confirmation'"' ❑ Collect on Delivery 0 Signature Confirmation 0 Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) Domestic Return Receipt RECEIVEL: JUN 2 3 2021 DCM WILMINGTON, NC https://tools.uses.com/go/TrackConfirmAction?tRef=fullpageBlLc=28.text28777=&tLabels=7D202450❑00099501639%2C&tABt=false 1/1 N t 4, 4' N Existing Bulkhead 4' Elizabeth Lennon 2028 Deep Creek Run Wilmington, NC 28411 y 15' Setback. Existing Structures W 15' Setback 15Setbacks Existing Bulkhead DJM-NC, LLC 2020 Deep Creek Run Wilmington, NC 28411 c to ' 0 w y Marsh W y Man-made Canal .00 y y NHW NLW d rt 115' Setback ya_ y 41 y 4, \ I 4' 4 --- C m0 - 0 DJM-NC, LLC 2016 Deep Creek Run Wilmington, NC 28411 P L y 4' DJM-NC, LLC 2016 & 2020 Deep Creek Run Wilmington, New Hanover County Drawn by: Debbie Wilson 5/25/21 Scale: 1" = 20' Sheet 2 of 5 y Existin u head Sheet 2 of Existing RECEIVED JUN 2 3 202i Dellaine Risley DCM WILMINGCON, NC 2010 Deep Creek Run Wilmington, NC 28411 Ar Channel to AIWW----a *N o ao NLW /NH Existing Bulkhead Elizabeth Lennon 2028 Deep Creek Run Wilmington, NC 28411 — Existing Water Depths and Slip Numbers y Marsh � y Man-made Canal-- 0 LiJ C'D Existing Bulkhead DJM-NC, LLC 2020 Deep Creek Run Wilmington, NC 28411 DJM-NC, LLC 2016 Deep Creek Run Wilmington, NC 28411 y W •* •d' 4,0% biR :0a•,;°f, Existing 4..04 4 Rip Rap • oI • ,(4,410110 DJM-NC, LLC 2016 & 2020 Deep Creek Run Wilmington, New Hanover County Drawn by: Debbie Wilson 5/25/21 Scale: 1" = 20' Sheet 3 of 5 Q = Water Depths Relative to NLW �] = Slip Numbers = NLW Line Existing Floating Dock Existing...._ Bulkhead RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Dellaine Risley 2010 Deep Creek Run Wilmington, NC 28411 N Existing Bulkhead New Floating Dock will be 2' from the Riparian Corridor Line Elizabeth Lennon 2028 Deep Creek Run Wilmington, NC 28411 y Existing Bulkhead DJM-NC, LLC 2016 Deep Creek Run Wilmington, NC 28411 Proposed Structures 4' Man-made Canal----) DJM-NC, LLC 2020 Deep Creek Run Wilmington, NC 28411 Existing Rip Rap y 4, 115' Setback N Ic New 6' x 34' ,y g� +' • &lb New Floating Dock will be 1' from the •;;I=ic Riparian Corridor line P RECEIVED L+iitip 0 E DJM-NC, LLC 2016 & 2020 Deep Creek Run Wilmington, New Hanover County Drawn by: Debbie Wilson 6/21/21 Scale: 1" = 20' Sheet 4 of 5 4, 72' ---- Existin u head NHW = Normal High Water NLW = Normal Low Water = Slip Numbers L JUL 0 !, 707' Dellaine Risley DCM WILMINGTON, NC 2010 Deep Creek Run Wilmington, NC 28411 X-Sections NTS TYPICAL PIER X-SECTION NOT TO SCALE B' - D" 2"X 8" CAP 2"X 2'X 8" DECKING ■ 6"X 6" PILING 416Thi 4"X 4" RAILING POST Proposed Floating Dock NHW NLW Bottom Contour DJM-NC, LLC 2016 & 2020Deep Creek Run Wilmington, New Hanover County Drawn By: Debbie Wilson 5/25/21 Scale: NTS Sheet5of5 TYPICAL PIER ELEVATION SArAi AII;h4Par _., 1 1 1 r-c i Dred ed Channel 3above substrate RECEIVE :) JUN 2 3 2021 DCM WILMINGTON, NC Elks, Katharine B From: debbiew75@charter.net Sent: Wednesday, June 30, 2021 4:45 PM To: Elks, Katharine B Subject: [External] RE: 2016/2020 Deep Creek Run Attachments: DWRpre-filing email.pdf; Denial of submerged lands.pdf; Revised 6-21-21.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hey Katharine, In response to your add. info request: 1. Yes, the dredge footprint will be offset 10' from the edge of Coastal Wetlands. Therefore, in the Narrative I stated that if commenting agencies were concerned about the floating docks sitting on the bottom at low tide within a man-made canal, then stops would be installed. 2. The existing docking facility is non -conforming due to the existing floating dock extending into the adjacent riparian corridor. The fact that the roof was not authorized under the previous GP constitutes a violation not a non -conformity and I am happy to discuss this with DCM to figure out a solution. I did not realize that a roof was never authorized and it was constructed prior to Dan Smith purchasing the property. 3. The linear shoreline footage was calculated by measuring the shoreline along the NHW mark. 4. The DWR pre -filing email is attached. 5. The replacement float is 44' as stated in the narrative, I have attached a corrected drawing. 6. The parcel that is shown on the Counties GIS is incorrect, the referenced deed in deed book 9901 page 2715 does not exist. In searching the deeds I found that is was a previous submerged and claim which was denied by NCDMF in 1989 and I have attached a copy for your convenience. Please let me know if you need anything else. Thank you, Debbie From: "Elks, Katharine B" To: "debbiew75@charter.net" Cc: Sent: Tuesday June 29 2021 2:00:54PM Subject: 2016/2020 Deep Creek Run Good Afternoon Debbie, I have a few add info. items and comments about the major permit application for 2016/2020 Deep Creek Run. 1 1. Attached are drawings showing the dredge boundary indicated by the blue dotted line permitted through State Permit 22-21. Additionally, 22-21 permit condition #5 says the excavation shall be 10' away from any Coastal Wetlands. I don't think there will be any dredging or very little in the location of the floats proposed in the application. 2. We can't expand a non -conforming structure so if any work is proposed for the existing docking facility at 2020 Deep Creek the roof on the gazebo will need to be removed to be in compliance with the attached GP. 3. Do you have a survey confirming shoreline lengths for each parcel, if not how was 152' calculated? I'm measuring roughly 51' for 2016 Deep Creek and ^'90' for 2020 Deep Creek. I can take some measurements during a field visit too. 4. I don't have the DWR pre -filing confirmation email in the permit package. 5. Is the replacement float associated with 2020 Deep Creek supposed to 44' (narrative) or 48' (drawing)? These floats will be tight based upon my previous comment about the shoreline. 6. The New Hanover Co. parcel map shows a separate parcel waterward of 2020 Deep Creek. Should they be a co - applicant or is there a deed showing Dan Smith purchased that parcel too? Thanks, Katharine Elks Katharine Elks 2 Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910) 796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 bOOK owl rage now BK: RB 6451 1111111131111111 III NIIIIIIIIIIIIIIIIII IIIIIIII PG: 116 RECOR ED9-11%2 202 025616 05-21-2021 NEW HANOVER COUNTY, NC 02:36:41 PM TAMMY THEUSCH PIVER BY: ANDREA CRESWELL REGISTER OF DEEDS ASSISTANT GENERAL WARRANTY DEED REVENUE: $ 3,200.00 PREPARED BY:COLLINS & COLLINS LAW OFFICES, PLLC RETURN TO: Lee Kaess PLLC STATE OF NORTH CAROLINA Grantor's primary residence: YES NC FEE $28.00 STATE OF NC REAL ESTATE EXTX $3200.00 WITHOUT TITLE EXAMINATION COUNTY OF NEW HANOVER Prop. Address: 2020 Deep Creek Run Wilmington, NC 28411 PARCEL: R04500-004-019-000 THIS DEED made this 1 day of May, 2021, by and between Emmett C. Aldredge, Jr., and wife, Gail S. Aldredge, whose mailing address is 7 Beachbay Lane, Wilmington, NC 28411, hereinafter called GRANTOR, and DJM-NC, LLC, with a mailing address of 7 Thomas Drive, Cumberland Foreside, ME 04110, hereinafter called GRANTEE: The designation of 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. 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 or near, NEW HANOVER County, North Carolina and more particularly described as follows: ftECl Il/E , SEE ATTACHED EXHIBIT "A" JUN 2 3 212' DCM WILMINGTON Ni boor ogos rage .i.rU The property hereinabove described was acquired by Grantor by deed recorded in Book 6096 at Page 1075, NEW HANOVER County Register of Deeds, North Carolina. 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. Title to the property hereinabove described in subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2021 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. GENERAL WARRANTY DEED: Gail S. Aldredge STATE OF 14 (— COUNTY OF 1, ,.J C4,.J COV i„S , a Notary Public of the County and State aforesaid, certify that Emmett C. Aldredge, Jr. and Gail S. Aldredge, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this S day of ay, 2021. Notary Public RECEIVED Jl1N 2 3 2021 DCM WILMINGTON, NC; HOOK WADI rage 11/1 EXHIBIT "A" BEING ALL of Tract A" of the R.H. Walker Estate as the same shown on a survey map prepared by G. Douglas Jeffreys, PLS, dated January 16, 1999, and recorded in Map Book 38, at Page 326, of the New Hanover County Registry, to which map reference is made for a more particular description, and which tract includes the area between the northern and southern boundary lines of such tract extending to the high water line of the adjacent waterway. The above described parcel of land is conveyed TOGETHER WITH a perpetual easement thirty (30) feet in width on, over and under the land shown as Tract "B" for the purpose of ingress, and egress and the installation and maintenance of utilities to Tract "A," the exact location of said easement being shown on the map recorded in Map Book 38, at Page 326, of the New Hanover County Registry. TOGETHER WITH of grantor's right, title and interest in and to all riparian rights relating to, vested in, or appurtenant to the tract described above. RECEIVE:1* JUN 2 3 202' DCM WILMINGTON. NC noox ouoi rage it/G TAMMY THEUSCH PIVER Register of Deeds New. Hanover County Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 . State of North Carolina, County of NEW HANOVER Filed For Registration: 05/21/2021 02:36:41 PM Book: RB 6451 Page: 1169-1172 4 PGS $3,226.00 Real Property $26.00 Excise Tax $3,200.00 Recorder: ANDREA CRESWELL Document No: 2021025615 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED .JUN 2 3 20i1 UC:M WILMING1ON NC 1,001c 0LIJ. rage slop BK: RB 6451 1111111 I I I I I I 111111111111 I I PG: RECCCORDEDS-1166 20210266 4 05-21-2021 NEW HANOVER COUNTY, NC 02:36:40 PM TAMMY THEUSCH PIVER BY: ANDREA CRES WELL REGISTER OF DEEDS ASSISTANT GENERAL WARRANTY DEED REVENUE: $ 1,400.00 PREPARED BY:COLLINS & COLLINS LAW OFFICES, PLLC RETURN TO: Lee Kaess PLLC Grantor's primary residence: YES WITHOUT TITLE EXAMINATION COUNTY OF NEW HANOVER Prop. Address: 2016 Deep Creek Run Wilmington, NC 28411 STATE OF NORTH CAROLINA PARCEL: R04500-004-004-000 NC FEE $26.00 STATE OF NC ' REAL ESTATE EXTX $1400.00 THIS DEED made this at day of May, 2021, by and between Emmett C. Aldredge, Jr., and wife, Gail S. Aldredge, whose mailing address is 7 Beachbay Lane, Wilmington, NC 28411, hereinafter called GRANTOR, and DJM-NC, LLC, with a mailing address of 7 Thomas Drive, Cumberland Foreside, ME 04110, hereinafter called GRANTEE: The designation of 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. 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 or near, NEW HANOVER County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" itECEIVEl) JUN 2 3 20211 DCM WILMINGTON. NC bOOIC 0401 rage llOp , a Notary Public of the County and State aforesaid, certify that Emmett C. Aldredge, Jr. and Gail S. Aldredge, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand i Afficial stamp or seal, this a \ day of May, 202 80, ,tddl�4s c y commission Kpires. 'S m 1 ''�.�.;' • ttttttttR n''• ' The property hereinabove described was acquired by Grantor by deed recorded. in Book 5780 at Page 363, NEW HANOVER County Register of Deeds, North Carolina. 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.. Title to the property hereinabove described in subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2021 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. GENERAL WARRANTY DEED. Emmett C. Aldredge, Jr. Gail S. Aldredge STATE OF COUNTY OF I, /\.a< u L3 LA, RECEIVEf. JUN 2 3 202' DCM WILMINGTON, NC COOK 0401 rage 110/ EXHIBIT "A" TRACT 1 BEING ALL of Tract `B" of the R.H. Walker Estate as the same is shown on a survey map prepared by G. Douglas Jeffreys, PLS, dated January 16, 1999,. and recorded in Map Book 38, at Page 326, of the New Hanover County Registry, to which map referenced is made for a more particular description, subject, however, to a perpetual easement thirty (30) feet in width on, over, and under the said Tract `B" for the purpose of ingress and egress and the installation and maintence of utilities to the neighboring tract "A", the exact location of said easement being shown on the map recorded in Map Book 38, at Page 326, and Map Book 7, at Page 61, of the New Hanover County Registry. TRACT 2 (Grantor provides no Warranty on Title as to Tract 2) BEGINNING at a point, said point being the easternmost boundary corner of Tract `B" as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, thence from said point of beginning south 42 degrees 13 minutes 20 seconds east a distance of 416.13 feet to a point in the western line of the middle sound intracoastal waterway 1,000 feet right of way as recorded in Map Book 38 Page 326 in the New Hanover County Registry, thence follosing said right of way south 39 degrees 06 minutes 00 seconds west a distance of 53.14 feet to a point, thence leaving said right of way north 42 degrees 13 mintues 20 seconds west a distance of 415.61 feet to the southernmost boundary comer of Tract `B" as recorded in Map Book 38, at Page 326, in the- New Hanover County Registry, thence following a cama line as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, north 32 degrees 00 minutes 05 seconds east a distane of 22.16 feet to a point, thence north 45 degrees 42 minutes 12 seconds east a distance of 25.70 feet to a point, thence north 31 degrees 55 minutes 55 seconds east a distance of 5.73 feet to the point of beginning containing .50 acres more or less. RECEIVEr JUN 2 3 )02 DCM WILMINGTON, NC noox 0401 rage ssou TAMMY THEUSCH PIVER Register of Deeds New Hanover County Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 State of North Carolina Filed For Registration: Book; RB 6451 4 PGS Real Property Excise Tax Recorder: Document No: , County of NEW HANOVER 05/21/2021 02:36:40 PM Page: 1165-1168 $1,426.00 $26.00 $1,400.00 ANDREA CRESWELL 2021025614 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED JUN 2 3 202 DCM WILMING 27 • 1462 1190 RETURNED TO: Marsha Shaw, N. C. Dept. of Justice, (919) 256-6718 Irr wan ,,((..,.,,�^� ll min me S-cn STATE OF NORTH CAROLINA TAX I.D. NO. (IOpt co46i�.mwe NEW HANOVER COUNTY 1N RE CLAIM OF R. H. Walker and wife, Ruth S. Walker TARE NOTICE: ) DECLARATION OF FM, ) $ESOLOrION TO ) CIA 7M To SUBMERGBD LANDS 1. Pursuant to G.S. 113-205, 113-206 and the rules promulgated thereunder, the Secretary of the North Carolina Department of Natural Resources and Community Development, through his designee, the Director of the Division of Marine Fisheries, has issued a final resolution pursuant to C.S. 113-206 and 15 NCAC 1H.0103 concern- ing the submerged land claim originally filed by R. H. Walker and wife, Ruth S. Walker. 2. The lands subject to this final resolution are limited to those submerged lands which were claimed by R. H. Walker and wife, Ruth S. Walker pursuant to G.S. 113-205 and are described more fully In the following: Deed Book 598 Page 334. New Hanover County Register of Deeds 3. As the successor in interest to the original claimant, R. H. Walker and wife, Ruth S. Walker, the current claimant, R. H. Walker, asserted title to the submerged lands covered by the claim. 4. The interest now claimed by R. H. Walker in the lands described has been denied. This final resolution does not affect or impair the common law riparian or littoral rights running with lands located above the mean high water mark. 5. Notice of this final resolution has been duly served on R. H. Walker by certified mail. 6. The Secretary directs that this declaration be recorded under R H Walker in the grantor index and cross-indexed under the State of North Carolina in the grantee index in the NEW HANOVER County Register of Deeds. This the )th day of July 19 89 _ WILITAN W. COBEY, JR. Secretary By: 4i / .. d. bust Dr. William T. Hogarth, Director North Carolina Division of Marine Fisheries Departaent of Natural Resources and Community Development Pursuant to 15 NCAC 1H.0103(3) RECEIVED SUL Q 1 7fl?! DCM WILMINGTON, NC 1§9433 NOP PAGE .1462 1191 THIS INSTRUMENT APPROVED AS to FORM BY THE ATTORNEY GENERAL'S OFFICE LACY H. THORNBURG Attorney General NOtt111.0LINA AL*. COUNTY 1 yl'/1/A.11.L L. • A.up A Notary Public, in and for the said County and State, do hereby certify * Dr. William 1'. Hogarth personally known to •e, person- ally appeared before ire this day in said County and State and duly acknowledged the due execution of the foregoing instrument of writing for the purposes therein `,nnpregped. Witness ay band and official seal, this the 7tb day of July, 1989. A t l' ot`ARi.Expires ' NORTH CAROLINA COUNTY The foregoing certificate of County, State of t This instrument vas presented for regi in the office of the Register of Deeds in Book Page This day of Notarr y Palle STATE OF NORTH CAROLINA New Hanover County The Foregoing/Annexed Certificate(s) of ,C0 iP{{n ,cei (Notaries) Public is/areHied becorrect Tbs. the day d Reheat* P. Tucker, A (�' Ifr of Deeds I BY DePuty/AsrtWpl,„ 19 RECEIVED JUL o 7 202' DCM WILMINGTON, NC Public of Correct. recorded Carolina ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.bodnar@NCDENR.gov SUBJECT: CAMA Applicant: DJM-NC, LLC Project Location: 2016 & 2020 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new private docking facility with two (2) slips at 2016 Deep Creek Run and expand the existing docking facility at 2020 Deep Creek Run to accommodate up to four (4) slips for a total of six (6) slips between the two parcels (both owned by the applicant). Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE £ D_E NORTH CAROLINA Department o/ Environmental Dual DATE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Major Permit Fee Schedule Project Name: -3 Vv, \ - J C L( c County: Iv pt 3t00 (X uL. Yam, 01u0Plr r5 %[n a `� Check No & Amount: uD\c 440o Development Type Fee DCM % (14300160143510009316256253) DWQ (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($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 below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4175 can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4175 can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4175 cannot be applied: C-• $40 ° 60 /o ($240) o 40 /o ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190)