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HomeMy WebLinkAbout20231726 Ver 1_CAMA Application_20231219DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph McKinney c/o Coastal Marine Construction 2. LOCATION OF PROJECT SITE: 42 Pelican Drive, Wrightsville Beach, New Hanover County, adjacent to Lee's Cut. Latitude: 34013'06.54" N Longitude: 77048'02.70" W 3. INVESTIGATION TYPE: CAMA 1 D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-12/13/2023 Was Applicant Present - No (agent was) 5. PROCESSING PROCEDURE: Office -Wilmington ationReceived 11/16/2023 DWR WQC Pre-filin date: 11/16/2023 Vation Corn lete 12/13/2023 Day 30 for WQC Pre -filing 12/16/2023 6. SITE DESCRIPTION: (A) Local Land Use Plan -Town of Wrightsville Beach Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - NA (F) Type of Structures: Existing - Single-family residence, wooden bulkhead, pier, fixed open platform, fixed gazebo, 2 floating docks, 2 boat lifts, and 2 floating jet ski lifts Planned - New vinyl bulkhead would be installed a maximum of 2' waterward of the existing bulkhead. (G) Estimated Annual Rate of Erosion: NIA Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) -16 sq.ft. (B) Non -Vegetated Wetlands (Open water) - 106 sq.ft, (C) Other- High Ground - 1,220 sq.ft. (D) Total Area Disturbed: (E) Primary Nursery Arez (F) Water Classification: 1,342 sq.ft. (- 0.03 acres) No SB Open: Closed 8. PROJECT SUMMARY: Anew vinyl bulkhead is proposed to be constructed a maximum of 2' waterward of the existing failing wooden bulkhead, resulting in the filling of approximately 16 sq.ft. of Coastal Wetlands. 42 Pelican Drive, Joseph McKinney Page Two 9. PROJECT DESCRIPTION The project site is located at 42 Pelican Drive, adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. According to the application, the parcel located at 42 Pelican Drive has a maximum elevation of approximately 3' above normal high water (NHW) and is approximately 8,820 sq.ft. (0.20 acres). The lot has an existing single-family home and private docking facility. The high ground consists primarily of ornamental landscaping and turf grass. The existing turf grass on the high ground appears to be within the 30' Coastal Shoreline Buffer. The adjacent riparian parcels to the east and west have single-family residences with bulkheads and private docking facilities. The project site has approximately 61' of shoreline frontage, currently stabilized by a wooden bulkhead that approximates NHW. There is an approximately 40 sq.ft. area of Coastal Wetlands that primarily consists of Smooth Cord Grass (Spartina aftemiffora) located directly waterward of the existing bulkhead at the east end of the shoreline. The applicant currently maintains a private docking facility that consists of a fixed pier that terminates to an open fixed I -head" platform. There is an existing fixed gazebo located at the end of the I -head" platform. There are two access ramps that lead onto floating docks which create a "U-shaped" configuration off the fixed gazebo and fixed I -head" platform. There are also two existing boat lifts that are located adjacent to the outside edge of each floating dock. There are two existing floating jet -ski platforms located within the "U-shaped" configuration of the floating docks. There is also an existing set of fixed steps that originate from the bulkhead cap adjacent to the fixed pier. The fixed pier, fixed I -head" platform, floating docks, and boat lifts were previously authorized by State Permit No. 98-07 that was issued to Howard Stein and Lance Popkin. State Permit No. 98-07 was issued July 3, 2007 and expired December 31, 2010. The fixed gazebo was previously authorized under a CAMA General Permit (7071 OD) in 2018 that was issued to the applicant. DCM staff were unable to locate additional permitting history for the two floating jet -ski platforms, but according to aerial photography, it appears that the platforms were installed sometime prior to 2019. DCM was also unable to locate permitting history for the existing wooden bulkhead, but according to aerial photography, it appears that the bulkhead was constructed sometime before 2002 and has remained in the current alignment. The Town of Wrightsville Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The adjacent waters of Lee's Cut in the project area are classified SB by the Division of Water Resources and this area is NOT designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT A new vinyl bulkhead is proposed to be constructed a maximum of 2' waterward of the existing failing wooden bulkhead, resulting in the filling of approximately 16 sq.ft. of Coastal Wetlands. The applicant proposes to construct a new vinyl bulkhead a maximum of 2' waterward of the existing wooden bulkhead, resulting in the filling of approximately 16 sq.ft. of Coastal Wetlands. The applicant proposes to construct approximately 61' of vinyl bulkhead directly waterward of the current alignment, stepping out a maximum of 2' below NHW as measured from the existing face of the timber bulkhead to the waterward face of the proposed new vinyl bulkhead (see Pages 1 & 2 of 3). The 61' vinyl bulkhead is proposed to tie into the existing bulkheads at the adjacent properties located to the east and west. During the site visit with the agent on December 13, 2023, DCM staff noted that the wood at the waterline on the bulkhead has deteriorated. DCM staff also noted that there is a substantial amount of oyster clusters located in front of the bulkhead on the east end and within/ in front of the existing fixed steps. No changes are proposed to the existing docking facility. 42 Pelican Drive, Joseph McKinney Page Three 10. ANTICIPATED IMPACTS The proposed 61' vinyl bulkhead would be constructed a maximum of 2' waterward of the existing bulkhead. The proposed new alignment would fill approximately 16 sq.ft. of Coastal Wetlands consisting primarily of Smooth Cord Grass (Spadina altemiflora) and approximately 106 sq.ft. of Estuarine Waters/ Public Trust Area. The proposed bulkhead would also impact approximately 1,220 sq.ft. of high ground area. Minor increases in turbidity should be expected during project construction. Submitted by: Kelsey Beachman Date: December 18, 2023 Office: Wilmington 12/13/23, 6:38 AM Gmail - Bulkhead Jimmy North ajimmymnorth@gmail.com> Bulkhead Jimmy North <jimmymnorth@gmail.com> Wed, Dec 13, 2023 at 6:37 AM Draft Project Narrative Joe McKinney of 42 Pelican Dr., Wrightsville Beach, N. C., 28480 is proposing to have a a new vinyl bulkhead installed behind his residence. The new bulkhead is proposed to be built 2' waterward of the existing bulkhead. The existing bulkhead is in need of replacing. It is an old wooden wall and the wood is deteriorating and the metal tiebacks are rusting away. The wall needs to be replaced before it fails. A total of 16 sf. of coastal wetlands will be impacted by by the construction of the new bulkhead. RECE ED F 1, 13. 2023 L)CM ' VILMI14.1r T Ct, !, NC https:l/mai I.google.com/mail/u/0/?ik=82ede64342&view=pt&search=drafts&permmsgid=msg-a: r8282002443025710385&dsqt=l &simpl=%23msg-a: r8... 1 /1 Dom MP-1 APPLICATION for n� Major Development Permit (last revised I Z27/06) North Carolina DIVISION OF COASTAL MANAGEMENT T Primary 4p�slicantf Landolwrrer lnf6r,10 ron Business Name Project name (if applicable) Applicant 1: First Name MI Last Name �0 d M /C C� D /r Ili Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address � ' '7 2 , �'e 1/rL ee ,�. PO Box City /.I State (,.�r T SlrYs�s) 13 ZIP Country Phone No. FAX No. J_ � q `a d L./ S - ext. Street Address (if different from above) City State ZIP Email _ 2.; Agent/Contractor llnformaU6n-' Business Name RECEIV Agent/ Contractor 1: First Name QLim L MI Last Name DEC 13 Agent/ Contractor 2: First Na e MI Last Name DC M W I LM I N G Mailing Address �^ �/ r� C-)/ Ile 40 e- PO Box City �'J/ I�/�5t��-� State nu C ZIP Phone No. 1 Phone No. 2 a .� p 9/0 ,2' 31 0 2-1 ext. ext. FAX No. Contractor 9 Street Address (if different from above) City State ZIP Email ✓ RErI-9iJj a 023 "ON, NC <Forrn continues on backs NOV 1 6 n--3 ,1Rw0 ],3l „fr-rs... i,tai-T�ar;a f, „_.1 -a, Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, :.Project iocafon County (can be multiple) Street Address Pe l/r0_a.J /11 State Rd. # Subdivision Name City State Zip fJ Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project �4;4e Oak L.ee 5 cu� c. is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural Pmanmade ❑Unknown f C e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed 2' es []No work falls within. I ti �e- CO eac1L r f` S 4i#e E%scr�ptrv;n a. Total length of shoreline on the tract (ft.) b. Size of entire tract�(Jsq.ft.) � 0 S c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or V NWL (normal water level) 3 (if many lot sizes, please attach additional page with a list) ONHW or ❑NWL e. Vegetation on tract I. Man-made features and uses now on tract J IkLzer�nPi S9-e o� Lc�e�/`tis dz)C-'CS '�/ac Vs g. Identify and describe the existing la(nndj uses to the proposed project site. RECEIVED /adjacent DEC 13 202 h. How does local government zone the tract? i. Is the proposed project consistent with the a li ble z m i��j I I VISIT 1NGTO (Attach zoning compliance certificate, if applica e QYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ©Yes ONO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ERNo [:]NA If yes, by whore? I. Is the proposed project located in a National Registered Historic District or does it involve a [-]Yes MNo ❑NA National Register listed or eligible property? ¢Form continues on next page> I, NC j-11 L7-I1! _U " NOV 16 '�L_ Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? OYes ❑No (ii) Are there coastal wetlands on the site? OVes ❑No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes 1[No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinkin g water supply source. C`r`fc.J WG�Ys.I p. Describe existing storm water management or treatment systems. Su✓ -lac -e_ i`u/0D+f 5 Activities and impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment Pr y L7 0�1e E�RrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. W b- c7 ✓ r0 E. �tis`la rr � y I � � ���.� �� 1 S (-ia•�oJ ��� �S • GC;ui��,��.�.� (ce�� fl� �; fie. d. List all development activities you propose. I I- G 4 �u��c�PaC� QNGf KJCbG�C`4� l� lOP �in� ti �. e. Are the proposed activities maintenance of an existing project, new work, or both? JJC�rJ t. 3 D: iL f. What is the approximate total disturbed land area resulting from the proposed project? ZSq.Ft or ❑Acres / - c7 _&f- g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. R E[; pI V L 6 DEC 13 21) i. W01 wastewater orstormwater be discharged into a wetland? []Yes NNo ❑NA 7CM WIL1dljNG 1 If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [-]No ❑NA j. Is there any mitigation proposed? ❑Yes ENo ❑NA If yes, attach a mitigation proposal. '-tCeFiVFt'� ?3 )NI NC <Form continues on backs NOV 16 2023 c�t'jv, ,t .: R7) - r 2 s.,3 ..'5 ztR'.,1..^,'1a i r.- �3. .� .t nDY ' Form OCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 0, Addit►.`o rat hit ormafion la addfifo ro Mis- complefed application foran, {tvlP i) the following items he1oK, if applicable, must be subi teed rn-order for the appiicatrorr paekagge to be dofpplete. llama (} (tj are always applfcable:to and ajor,cfevelboTenfappllcafon. ('tease consrilt die appffca6cq irrstructroit Mot on how to property prepare fhe required, items 6etaw.. 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 -.f pia °, e r tci L✓:r i �.,r t!� _ i " Phone No Address _ . Name C�rrii; h5 i c,r`f f Phone No. ' Address yq P,�i<ca.� r. .C- da me 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. 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-Pehmi;sioh. to inter on and 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 l 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 est of my knowledge. RECEIVE[ Date / C� /7 3 _ Print Name - I-ij rwi,, &7a�EC 13 Z023 Signature � DCM WILMINGTON, NC Please indicate application attachments pertaining to your proposed project. MCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development FL.DCM MP-4 Structures Information NOV 16 DCM_.trf. , Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-i. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Zrs ther (IVLW or Canal Boat Basin Boat Ramp Rock Groin:Breakwate luding NWLj reline Length ization Width Avg. E Depth Depth a_ Amount of material to be excavated from below NFiW or NWI_ in cubic yards. c. 0) Does the area to be excavated include coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shelf bottom (S13), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S13 OWL ❑None (ii) Describe the purpose of the excavation in these areas: a. Location of disposal area. C. (i) Do you claim title to disposal area? ❑Yes [--]No ©NA (if) If no, attach a letter granting permission from the owner e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf bottom (SB), or other wetlands (WQ) If any boxes are checked, provide the . number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ff) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (I) Does the disposal include any area in the water? ❑Yes ❑No []NA 00 If yes, how much water area is affected? 252-808-2808 n 1.888-4RCCAST :: www.nccoastatmanageme___ net- revlsed: 12126/06 Form DCM MF-2 (Excavation and Pill, Page 2 of 2) -1,5 a.4 Type of shoreline stabilization: b. Length: �;Z ' JE38ulkhead ❑Riprap ❑Breakwater/Sill ❑other. c. Average distance waterward of NHW or NWL d. r e. Type of stabilization material: f. g. Number of square feet of fill to be placed below water level. Bulkhead backfill yU Riprap Breakwater/Sill Other i. Source of fill material Width: Maximum distance waterward of NHW or NWL r (i) Has there been shoreline erosion during preceding 12 months? []Yes nNo ❑NA (h) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. a. (i) Will fill material be brought to the site? [RYes [I No ❑NA b. (l) Will fill material be placed in coastal wetlands/marsh lCW}. If yes, (U) Amount of material to be placed in the water I �4 6� (iii) Dimensions of fill areaQc (off (iv) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? n/10 eel loe 01 10a/4111�1a/ c. (i) Will navigational aids be required as a result of the project? ❑Yes ONo ❑NA (ii) if yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. eCW - C, ' '❑SAV ❑SB . ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 13 u.IL'e cd A01C_L-f" It b- What type of construction equipment will be used-(e.g., dragline, backhoe, or1 hydraulic dredge)? ro+ ee.i lL ar/Lor i.S d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes &o ❑NA (11) if yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 :: 1-88&-4RCGA5T : www.necoastaimanagament.net revised.- I?J2610i6 E CL o . q � % � � d �k 2 G E & E \ v Cl) � 2 � z E . E � � i k a) k . IE // � &7 . . § ES �q $? ' k� a= CL . 52 /CL f� $/ .q (D % ea) $k e� c>@ «� 32 2/ 2cr ` E 2 �z ) a 2/ (D 7 c � 2 oƒCD0\ g E= E§ ' 33 k /g ; \/ C\ cq 0 2R 58 &o �© \32kG 7$ �3 �$ ® 2 . C a # © E 7 / § = k o E / S @ § L ROY COOPER Governor ELI2 ABETH S. BISER Secretary BRAXTON DAVIS Director Joseph McKinney c/o Coastal Marine Construction, Jimmy North 6314 Wrightsville Avenue Wilmington, NC 28403 Dear Mr. North: NORTH CAROLINA Environmental Quality December 18, 2023 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Joseph McKinney, for State approval for development of the subject property located at 42 Pelican Drive, on Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. It was received as complete on December 13, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 26, 2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 13, 2023, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Kelsey Bechman Field Representative cc: Cameron Luck, DCM Holley Snider, DWR LISACE Joseph McKinney, Applicant Tony Wilson, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ra�arH cnri4uhn '�' !� 910.796.721E • +1 NORTH CAROLINA Environnlenial Quality December 19, 2023 starnewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re. Major Public Notice for: • Niles Slavin — Brunswick County • NC Wildlife Resources Commission —New Hanover County • Joseph McKinney — New Hanover County ROY COOPER Governor ELIZABTH BISER Secretary BRAXTON DAVIS Director, Division ofCoasral Management Hello: Please publish the attached Notice in the Tuesday, December 26, 2023 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit & invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226, (Customer #489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. n Si cerely, cc: MHC Files Cameron Luck — MHC USACE Support & Customer Assistance Slate 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 development permits in Areas of Environmental Concern as designated under the CAMA: On December 15, 2023 Niles Slavin proposed to install a new boat lift, increasing from two (2) existing slips to a total of three (3) proposed slips at 113 West Island Dr., adj. to Davis Canal in Oak Island, Brunswick County, On December 19, 2023, NC Wildlife Resources Commission proposed to construct a new vinyl bulkhead a max of 2' waterward of an existing bulkhead, resulting in approx. 975 se of Coastal Wetland fill, the installation of #57 stone w/Geotextile underlay and the removal of fencing to install new rail post fencing at 109 Causeway Dr., adj. to the AIWW in Wrightsville Beach, New Hanover County; And on December 18, 2023, Joseph McKinney proposed to construct a new bulkhead a max. of 2' waterward of the existingfailing bulkhead resulting in the filling of approx. 16 sgft. of Coastal Wetlands at 42 Pelican Dr., adj to Lee's Cut in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Patrick Amico (Brunswick County) or Kelsey Beachman (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Amico) or (910) 796-7270 (Kelsey Beachman) 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 January 16, 2024 will be considered in making the permit decision. hater 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. p4f OR (-AMA PC R—M T 4pp'_"_"A AG.L:-N. T All I �to_Rl O�T 1_9 F loP( f') (JtLrj _0' p,,rf jt a r r Yine Til'� Tilis colfficatcm, is vajO thf0uQ- h to Lccl ^=>--i - - -- /,rq R 1- ECE IV E Q NOV 16 2023 __"_ I M L - VV 1 4 - ? ' 1 N ®r T 14 N: N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM CERTIFIED MAIL . RETURN RECEIPT REQUESTED or HAND DELIVERY ;Top portion to be completed by owner or their agent) Blame of Property Owner: C Address of Propergr: y, Mailing Address of Owner: n, -IDr. M Owner's email: _.pis?49 e u C, jv e_ e. o sg/. C a fOwner's Phone#: Agent's Name: _. l i < i.ItAgent Phone#: t - Agent's Email. ` �� r'y•t/ Ia��3 , 1 `z 1 4J F-re, 1 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION Bottom Bortion to be coat feted by the Adjacent Pro a Owner I hereby certify that 1 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 groyided with this letter. 1 DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notifi� the N.C. Division of Coastal Management (DCN) in writing within 90 days of'receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, MC 2840 r-3845. DCH representatives can also be contacted at (910) 796 7215. No response is considered the same as no objection W you have been notified by Cerfihed Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat rarnp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback r - Signature of Adjacen Riparian Property Owner -OR- 1 do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARP®: r`.. C r Mailing Address of ARPO: L r " C RA ARP®'s email: r : C1�'s Phone#: %S 2 7Z- `�� t _ / ' Date: i V 7G' "waiver is valid for up to one year from ARPO's Signature* Revised July 2021 „T- ■ Complete items 112; and 3. N 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: L4 �z ll l llllll III Ill l ll li l I I III III II IIIII IN II 11111 9590 9402 8173 3030 4391 08 2. Article Numhar rrmnefar 89 0710 5270 0602 7163 68 PS Form 3811, July 2020 PSN 7530-02-000.9053 ■ Complete items 1, 2, and 3. ■ 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: aA1"t! tiu P,([Ca.-.J A r 0$ci,r r//C Fd 5 Illllllll IIIIIIIIIIIII IIIII IIIlI IIIIIIIIIII Ill 9590 9402 8173 3030 4391 22 n A.1,1.,nh—hor fTransfer frnm.cprvice lobeh 589 0710 5270 0602 7163 51 PS Form 3811, July 2020 PSN 7530-02-000-9053 A. e X r Receive y (P i'n d Na D. ]s delivery address differen If YES, enter deliverkaddir i ❑ Mdressee .Date of elivery tt� Z�LS n item 1? ❑Yes below: ❑ No 3. Service Type ❑ Priority Mail Expresso ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Registered MaiITM ❑ Registered Mail Restricted {fk] Certified Mail(D . Delivery 6 Certified Mail Restricted Delivery ❑ Signature Confirmations” ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery Domestic Return Receipt A. Signature X 13 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail ExpressO ❑ Adult Signature ❑ Registered Mails" Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified WHO Delivery Certified Mail Restricted Delivery ❑ signature ConfirmaticnTm ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery ❑ fnsured Mail 0 fnsured Mail Restricted Delivery { (over$500) Domestic Return Receipt � Le e--Irs I I I - j i IE 1 —�.---i j I I � I i �, I ��, I.— 4, I I • I � I I E i Idnbug I JE— i I i I� —II— I / —1--- -- ---- C f �Ce-, { / r!C&IJ I , -- ' r 5 + • i I � j— 11 I CI11 i I LfEI ivn� y-! --�- -�-! - -- E;.Eb =- �y' ----' RECEIYED r� - -� ! o ff P E D 1 i- - -- - -- -- , -- — ---- -- - - _i-�- ! - — nc!M w!LIN6Tq, arc I` a i, � `� G � _ � \= � p1 ;� -�. �� U � ' i� �, � r' n �,� r 17: �3 _yYO LfL CUT z=1— S E A L. L-4-308 SI I TO 1 4. K, 0 C� PELICAN DKIVEI U5 74 2004�!GtIT OF HVAY (PUBLIC) 2RVEIrl, FOR Joe MclClrincy 4-42 A f0- 14 A/- f.c C F�l T. •7'r L LIJ Nm VZW/ -TYMAP 20 2620STBIRFORyflaw IMMINDTIM, NC28471 _'a TAMMY THEUSCH � y 'y0,�' BEASLEY New Hanover County z ^ Register of Deeds o 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: 07/13/2017 03:34.46 PM Book: RB 6073 Page: 1372--1374 3 PGS $3,126.00 Real Property $26.00 Excise Tax $3,100.00 Recorder: CAROL HUGHLEY Document No: 2017022530 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. vv i 3 rage L3 r,4 BK. RB 6073���1��������Ij� PG:1372-1374 tt II RECORDED: 2017022530 07-13-20i 7 NEW HANOVER COUNTY, NC NSTpATE OF NCC 03.34:46 PM TAMMY THEUSCH BEASLEY REAL ESTATE BY: CAROL14UGHLEY DEPUTY REGISTER OF DEEDS ERTX S3100.00 , PREPARED BY & RETURN TO: GGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA Tax IDNo.: R05715-602-021-000 COUNTY OF NEW HANOVER REVENUE STAMPS: $3,100 This property was the Grantor's primary residence. Property Taxes are paid thru 2016. WARRANTY DEED THIS DEED, made this day of RMY 2017, by HOWARD M. STEIN, unmarried, of 1243 GREAT OAKS DRIVE, WILMINGTON, NC 28405, GRANTOR, to JOSEPH A. MCKINNNEY, JR,, Trustee of the JOSEPH A. MC)UNNEY JR. LIVING TRUST Dated April 10, 2012 of 315 SPRING GARDEN STREET, #113, GREENSBORO, NC 27401, GRANTEE; WITNESSETH: That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: BEING ALL OF LOT 14, CHANNEL ACRES SUBDIVISION AS THE SAME IS SHOWN ON A MAP OF SAID SUBDIVISION, WHICH SAID MAP IS RECORDED IN MAP BOOK 9 AT PAGE 27 ACCORDING TO THE RECORDS OF THE REGISTER OF DEEDS OFFICE OF NEW HANOVER COUNTY. SUBJECT TO RESTRICTIONS FOR THIS SUBDIVISION AS RECORDED IN BOOK 788 AT PAGE 335 OF THE NEW HANOVER COUNTY REGISTRY; ALL EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD; ALL GOVERNMENTAL LAND USE STATUTES, ORDINANCES AND REGULATIONS, INCLUDING ZONING, SUBDIVISION AND BUILDING REGULATIONS. TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all encumbrances; and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. The designation 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. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by a . 'ty of its Board of Directors, the day and year first above written. STATE OF NORTH CA.ROLINA COUNTY OF NEW HANOVER 1, LV, a Notary Public of the County and State aforesaid, do hereby certify that HOWARD M. STEIN , personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, tl day of„SLY, 2017. ve AR :;i- PUBLIC My Commission Expires: (Notarial Seat) LACIEPARSE_ NOrrAM'PIf NAC SMWOFMORTS CAROUNA HA�iOVER COUNTY M V COAL IISS�ON S7 = O4-20�=_ 11116/23, 6:09 AM Gmail - bulkhead Jimmy North <jimmymnorth@gmall,com> bulkhead 1 message Jimmy North <jimmymnorth@gmail.com> To: 401 pretile@ncdenr.gov To. NCDENR From: Jimmy North Applicant: Jimmy North Owners name: Joe McKinney Project address: 42 Pelican Dr. Wrightsville Beach, N.C. 28480 Project Description : Construct a new 6' x 61' vinyl bulkhead Thu, Nov 16, 2023 at 6:01 AM https:llmail.google,comlrnaillu]01?ik=82ede64342&view=pt&search=all&permthid= thread-a:rgl05263162419752112&simpl=msg-a:r87846812809440... 1 /1 Beachman, Kelsey From: Beachman, Kelsey Sent: Tuesday, November 28, 2023 1:33 PM To: 'Jimmy North' Subject: ADDITIONAL INFORMATION REQUESTED: 42 Pelican Drive, WB Good afternoon Jimmy, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS — 42 Pelican Drive, Wrightsville Beach, NC 28480 DCM received your major permit application for the installation of a vinyl bulkhead on 11-16-2023 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please clarify the additional information below: Narrative: • Please include the total square feet of coastal wetlands to be impacted by the new bulkhead. Please clearly state the purpose and need for the new bulkhead and why you need to impact coastal wetlands to do so. MP -I • 3(d): Please change major waterbody from "Masonboro Sound" to "AIWW" • 4(b): Please include the size of the parcel in sqft • 4(f): Please include the 2 floating jet ski platforms in the description of existing structures • 5(d): Please include the material proposed for the bulkhead (vinyl) • 5(h): The project will not include any discharge into waters of the state so change to "nla" Work Plats • Please include a vicinity map to show the location of the subject property • Page I of 3: o Please label the existing docking facility and include that it was not fully drawn for clarity o Please label the coastal wetlands and include approx. dimensions of the area o Please include a North arrow o Please label the total length of the shoreline in feet o The scale in the corner and the 44 Pelican Drive label are cut-off o The existing bulkhead appears to be at more of an angle that what has been drawn, please make sure that the configuration of the existing bulkhead on the drawing matches what is on -site Page 2 of 3 (Cross -Section): o Please label the existing and proposed bulkheads o Please make sure to depict the existing coastal wetlands that you are proposing to impact between the existing and the proposed bulkhead o Please include a north arrow o Please change scale label at the bottom to match the typical I" = 20' labelling style Other Comments Since you are proposing to fill less than 100 sgft of coastal wetlands for this project, the application fee will only be $250.00. The check you provided me is For $400.00. please let me know ifyou want the check back or 1 can shred it for you in the office. I will need a new check for $250.00 payable to NC DEQ. still need to conduct a site visit for this property. so please contact me to schedule a time to do so ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 19, 2023 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(caNCDENR.gov SUBJECT: CAMA /D & F Applicant: Joseph McKinney Project Location: 42 Pelican Dr., adj. to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to install a new vinyl bulkhead a maximum of 2' waterward of the existing, failing bulkhead resulting in the filling of approx. 16 sgft of Coastal Wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by January 16, 2024. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE 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. DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Project Name: Major Permit Fee Schedule County: �� OoxoVeF Check No & Amount: -AZO'OU aSI(o4 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 111. For development that involves the filling and/or excavation of up to t acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: tii(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: