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HomeMy WebLinkAbout20140198 Ver 2_CAMA Application_20240228ROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director February 28, 2024 MEMORANDUM: 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(a)-NCDENR.gov SUBJECT: CAMA Applicant: Mark Batson Project Location: 32 Pelican Drive, adjacent to Lee's Cut, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing floating dock and construct a 12' extension to an existing floating dock, with no increase in formalized slips, for a total of seven (7) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 22, 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. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME__ AGENCY SIGNATURE DATE D�� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH GAAOLINA + a..—.tmel.i.��o��ia /*� 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR 1. APPLICANT'S NAME: Mark Batson c/o RPC Marine 2. LOCATION OF PROJECT SITE: 32 Pelican Drive, Wrightsville Beach, New Hanover County, adjacent to Lee's Cut. Latitude: 34°13'07,11" N Longitude: 77°47'58.90" W 3. INVESTIGATION TYPE: LAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-12/18/2023 Was Applicant Present - No 5. PROCESSING PROCEDURE: Office -Wilmington Application Received 1/22/2024 DWR WQC Pre -filing date: Application Complete 2/20/2024 Day 30 for WQC Pre -filing no concurrence (A) Local Land Use Plan - Town of Wrightsville Beach Land Classification From LUP - Conservation (open water) (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing -Municipal Planned - Municipal (F) Type of Structures: Existing - concrete boat ramp and 40 unpaved parking spaces on the high ground Planned —Remove an existing floating dock and extend another existing floating dock Source - NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) - 72 sq.ft. (shaded) (C) Other - High Ground (D) Total Area Disturbed: 72 sq,ft, (- .002 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: Closed 8. PROJECT SUMMARY: The applicant proposes to remove an existing floating dock and construct a 12' extension to an existing floating dock, with no increase in formalized slips, for a total of seven (7) boat slips. NCFTH CAROL D Q��I' North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.515.5400 32 Pelican Drive, Mark Batson Page Two 9. PROJECT DESCRIPTION The project site is located at 32 Pelican Drive, adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. According to the application, the riparian parcel located at 32 Pelican Drive has a maximum elevation of approximately 0 — 7' above normal high water (NHW) and is approximately 9,000 sq.ft. (.21 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 and appears to have been in place since at least 2019. The adjacent riparian parcels to the east and west have single-family residences with bulkheads and private docking facilities. The project site has approximately 62' of shoreline frontage, currently stabilized by a concrete bulkhead that approximates NHW. The applicant currently maintains a private docking facility that consists of a fixed 12' wide x 16' long gazebo that is located parallel to the existing bulkhead and has a ramp that leads to a floating access dock, The floating access dock extends perpendicular to the bulkhead and measures approximately 6' wide x 54' long. The floating access dock terminates to a floating 7-head" dock that measures approximately 6' wide x 34' long. An additional 6' wide x 16' long floating dock is located landward at the south end of the floating access dock. The 6' x 16' floating dock is oriented parallel to the bulkhead. The configuration of all the floating docks creates a total of seven (7) boat slips at the facility (see Sheet 1 of 2). The current docking facility was previously authorized by State Permit No. 42-14 that was issued to Mark Batson on May 6, 2014. It appears some changes to the configuration of the docking facility were made to the authorized configuration at the time of construction, however, the changes remained within the authorized footprint. DCM was unable to locate permitting history for the existing bulkhead, but according to aerial photography, it appears that the bulkhead was constructed sometime before 2013 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 The applicant proposes to remove an existing floating dock and construct a 12' extension to an existing floating dock, with no increase in formalized slips, for a total of seven (7) boat slips. The applicant proposes to remove the existing 6' wide x 16' long floating dock located on the southern landward end of the existing facility (see Sheet 1 of 2). Once the floating dock is removed, the applicant is proposing to extend the existing 6' wide x 34' long floating dock to the east, The proposed dock extension would measure approximately 6' wide x 12' long and would be added to the eastern side of the "T-head" (enlarging Slip 2) (see Sheets 1 & 2 of 2). There is no proposed change to the number of total slips for the docking facility and the total slip count will remain at 7. During the site visit on December 18, 2024, DCM staff observed an unauthorized 8' wide x 20' long floating jet dock at the existing facility. As of January 22, 2024, the jet dock ved from the facility per DCM staff request. D E �� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue � Morehead City, North Carolina 28557 Noy+, N cPmouka 252,515.5400 32 Pelican Drive, Mark Batson Page Three The proposed structure would not exceed the Town of Wrightsville Beach established pierhead line and the water depth in the proposed footprint is approximately 6' NLW. The proposed dock extension would be located within the 15' riparian setback for the neighbor on the east side, David and McCarroll Clancy (see Sheet 1 of 2). The applicant has submitted a signed waiver from the Clancy's with the application materials. The proposed dock extension would not encroach into the 15' riparian setback on the west side of the property. 10. ANTICIPATED IMPACTS The proposed floating dock extension would result in the shading and incorporation of approximately 72 sq.ft, of Estuarine Waters and Public Trust Area, however 96 sq. ft. of incorporated area would be restored. The proposed structure would not exceed the Town of Wrightsville Beach established pierhead line, is in compliance with the eight square feet per linear foot of shoreline rule, and would not increase the current number of total boat slips. Minor increases in turbidity can be expected during construction. Shoreline length = — 62 ft. x 8 sq. ft, = 496 sq. ft. (maximum allowable platform area) Existing fixed gazebo (12' x 17') = 204 sq,ft. Existing floating access dock (6' x 54') = 324 (access credit, not counted in total platform area) Existing floating dock (6' x 16') = 96 sq.ft, (to be removed) Existing floating 7-head" dock (6' x 34') = 204 sq.ft. Proposed floating dock extension 6' x 12' = 72 sq.ft. Total = 480 sq.ft. Submitted by: Kelsey Beachman Date: February 27, 2024 Office: Wilmington Q ., ` North Carolina Department of Environmental Quality I Division of Coastal Management e:!5�fDE�jJ�j Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 ,4CHir+cxsou � �a —m— / 252.515.5400 Pon K. MARINE Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality127 Cardinal Dr. Ext Wilmington, NC NC 28405-3845 RE: Batson Major Permit Application Narrative Dear Ms. Kelsey Beachman, Richard Penny Construction, LLC 133 Sound View Drive N Hampstead, NC 28443 (910) 352-1317 www.rpcmarine.com 02 February 2024 Mr. and Mrs. Mark Batson are requesting that a Major Permit be issued for the re -arrangement of their floating dock and the addition of a floating boat -dock at 52 Pelican Drive, Wrightsville Beach, NC 28480. This structure with a total of seven boat slips (6 wet and 1 dry) would be for the recreational use of the homeowner. The homeowner is purchasing a larger vessel, and this dock arrangement will permit better mooring. The prior major permit had 7 wet slips. There is currently a home on the property, and we would be removing 104 square feet of floating dock and adding 72 square feet of floating dock in another area. The proposed floating boat - dock is 80 square feet. There was no SAV sighted and there are no coastal wetlands on the property. The pilings for this project would be set using a barge and vibratory hammer to reach the rated capacity (approximately 8-10' deep). No Construction materials would be stored on dry land. 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 contact me at your convenience should you have any questions. Respectfully yours, Richard L. Penny, NC General Contractor License No. 79403 RECEIVED FEB 1 5 2024 DCM WILMINGTON, NC DCM MP-1 APPLICATION for Major Development Permit (last revised I Z27I06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A J485 Applicant 1: First Name MI Last Name Mark Batson Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box Cit �lrightsville State 32 Pelican Drive NC Beach ZIP Country Phone No. FAX No. 28480 USA 910 - 254 -1941 ext. - - Street Address (if different from above) Cit .htsville State ZIP 52 Pelican Drive �Beach NC 28480 Email mark@tongue-and-groove.com 2. Agent/Contractor Information Business Name Richard Penny Construction, LLC (Dba RPC Marine) Agent/ Contractor 1: First Name MI Last Name Richard L Penny Agent/ Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City Hamstead p State 133 Sound View Drive N NC ZIP Phone No. 1 Phone No. 2 28443 910- 352 -1317 ext. - ext. FAX No. Contractor # NC 79403 Street Address (if different from above) City State ZIP N/A Email rick@rpcmarine.com RECEIVED <Form continues on back> FEB ] 5 2024 DCM WILMINGTON, NC 252.808-2808 .. 1-888-4RCOAST www.nccoastaImanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 32 Pelican Drive Subdivision Name City State Zip Channel Acres Wrightsville Beach NC 28443 Phone No. Lot No.(s) (if many, attach additional page with list) N/A- - ext. 09 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Lee's Cut 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 E)Manmade ❑Unknown Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ]Yes ❑No work falls within. Town of Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 62.34' 9,000 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (1f many lot sizes. please attach additional page with a list) 0 _ 7 ' ❑NHW or QNWL e. Vegetation on tract Grass, Planted trees, shrubs on the adjoining Lee's Cut frontage. f. Man-made features and uses now on tract Single family dwelling. g. Identify and describe the existing land uses adjacent to the proposed project site. Adjacent properties are zoned for single family usage. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED Form continues on next pages FEB 1 5 2024 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4111COA5T www,nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes UNo (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) P. Describe existing wastewater treatment facilities. No existing wastewater treatment, TOWB Sewer o. Describe existing drinking water supply source. TOWB water p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government j]PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The property owner desires to extend the floating dock. 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. Two pilings will be moved using barge mounted equipment. d. List all development activities you propose. Install a 72 SF floating dock extension and remove 96 SF 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? NSq Ft or ❑Acres 0 SQFT 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. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ZINA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> FEB 2 0 2024 DCM WILMINGTON, NC 252-808-2808 .. 1-333-4RCOAST .. www.nccoastaimanagement.net 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) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the 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 David and McCarroll Clancy Phone No. Address 30 Pelican Drive, Wrightsville Beach, NC 28480 919-349-0148 Name Chris and Amy Knott Phone No. Address 34 Pelican Drive, Wrightsville Beach, NC 28480 unknown 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. 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,a* �r2,B ". 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. 02 Jan 2024 Richard L. Penny Date Print Name Signature /e /_ / e%L+r1' 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 RECEIVED ®DCM MP-4 Structures Information FEB 1 5 2024 DCM WILMINGTON, NC 252.808-2808 ,. 1-888-4RCOAST wvvw.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 9. 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 1 (iii) Length 12 (iv) Width 61 (v) Floating [SYes ❑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) Numberof slips proposed 0 (ii) Numberof slips existing 7 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel [ROpen water; no dredging required ❑Other; please describe: k. Typical boat length: 2 5 ' m. (i) Will the facility have tie pilings? ❑Yes [RNo (ii) If yes number of tie pilings? NA El 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? ❑Yes [2No 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 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 7 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other. please describe: NA j. 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 thffpa4pyi li [:]Yes EjNo C CC II FEB 1 5 2024 DCM WILMINGTON, NC 252.808.2808:: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12;27l06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS aThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. 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 FEB 1 5 2024 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastatinanagemerit.net revised: 12,27 06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? [-]Yes ❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) INThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) LHThis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ERThis section not applicable a. Length b. Average distance from NHW. NWL or wetlands c. Maximum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing FEB 1 5 2024 DCM WILMINGTON, NC 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanac-ement.net revised: 12�27 06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 3'8" EAST, 16' WEST Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 508' e. (i) Will navigational aids be required as a result of the project? ❑Yes DVo ❑NA (ii) If yes, explain what type and how they will be implemented. u b. Proximity of structure($) to adjacent docking facilities. 40' EAST, 33' WEST d. Water depth at waterward end of structure at NLW or N WL 6.5' 8. OTHER LThis section not applicable a. Give complete description: Date Applicant Signature /(2 4L4suz / /067 RECEIVED FEB 15 2024 DCM WILMINGTON NC 252-1306.2308 :: 9-888-4RCOAST :: www,necoastaimanaaement.net revised: 12:27 06 ROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director NORTH CAROLINA Environmental Quality February 27, 2024 Mark Batson c/o Richard Penny Construction, LLC dba RPC Marine 133 Sound View Drive N. Hampstead, NC 28443 Dear RPC Marine: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Mark Batson, for State approval for development of the subject property located at 32 Pelican Drive, on Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. It was received as complete on February 20, 2024 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 5, 2024. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 20, 2024, 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 properly. 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. erely, K"Beacan Field Representative cc: Cameron Luck, DCM Holley Snider, DWR USACE Mark Batson, Applicant, mark(a)tongue-and-aroove.com Tony Wilson, LPO North Carolina Department of Envirormeniai Quaky I Division of Coastal Ma: cagement Morehead City Office J ?OO Commerce Avenue I iMorehead City,' North Caroni ;a 29557 '40RTH^_AROURA E-p rn i Y16MlM—m eUwtt 252- i5._5400 . 0 IL Ch O J w m U Li Q W F-- U Z LL oLL 0 J ~ Q� W LU W J U 00 �w O�LL x W L �I c rm ma v N r �X 2 0 00 iR 0 ROY COOPER Governor ELIZABETH S. BISER Secrefory TANCRED MILLER Direclor, Division ofC'aosial Management February 27, 2024 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: Mark Batson Hello: Please publish the attached Notice in the Friday, March 1, 2024 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 far payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC .28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. teey, %I Pi ti Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On February 27, 2024, Mark Batson proposed to remove an existing floating dock & construct a 12' extension to an existing floating dock (no increase of formalized slips) for a total ofseven (7) boat slips at 32 Pelican Dr., adjacent to Lees Cut in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Tancred Miller, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 22, 2024 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. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mark Batson Mailing Address: 32 Pelican Dr Wrightsville Beach, NC 28480 Phone Number: 910-264-1941 Email Address: mark@tongue-and-groove.com I certify that I have authorized Richard Penny, RPC Marine, LL Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Dock Repair and Dredging at my property located at: 32 Pelican Dr, Wilmington, INC in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Mark Batson 32 Pelican Drive Print or Type Name OWNER Title 12/14: 23 Date This certification is valid through 12/31/2024 RECEIVED JAN 2 2 2024 DCM WILMINGTON DocuSign Envelope ID: 5EOAA27A-8366-45B2-8171-C485C49ED1BO N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: David and Mccarroll Clancy Address of Property: 30 Pelican Dr, Wrightsville Beach. NC 28480 Mailing Address of Owner: 30 Pelican Dr, Wrightsville Beach, NC 28480 Owner's email: Owner's Phone#: Agent's Name: Richard L Penny _ _ Agent Phone#: 910-352-1317 Agent's Email: Rick r cmarine.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adiacent Property Owner) 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. X _ I 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 notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be marled to 127 Cardinal Drive EXr, Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, 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.) Doe S{gned"y I DO wish to waive some/all of the 15' setback R12" 're�zg-',4ryacent Riparian Property Owner MCA I do not wish to waive the 15' setback requirement (initial the blank) �w Signature of Adjacent Riparian Property Owner f— cb� TypedtPrinted name of ARPO: David Tim Clancy Mailing Address ofARPO: _ 30 Pelican Drive Wrightsville Beach IBC 28480 ARPO's email: ttmc-1 anr.W(daol _ rnm ARPO's Phone#: 919-349-0145 RECEIVED Date: "waiver is valid for up to one year from ARPO's Signature* 1 a FEB 1 5 2024 ' DCM WILMINGTON, NC JiNDNEEDSTNTES MJSTIL SFYMM. MAGN DL-IA 8207 MARKET ST STE P WILMIN11TON. N: 28411-9192 02/0212029 (800)275-8777 ------- - 11:34 AM Product Oty --Unit ---- -- ---------------- Price Price Firs": -Class Mal 1 --------- - --- Lettur $0.68 Vrightsvillj3 Beach, NC 284RO lieight: 0 1h 0.60 j? fastImated Delivery Date CertMOn 2 f1edM41119 S Tracking #- $4.40 7022167000?148425766 Return Rece-pt Tracking 4, Tota 9590 9402 3405 9189 0610 66 $8.73 Grand Total,---- ------------------------- $833 Cred t Card Rem t -------------------- Card Name: VISA $8.73 Account 0: )(XX)()(XXKXXX)7763 Approval #: 033;36G ransaction N: 567 AID: A0000o0003:(013 Chip AL: VISA CREDIT --- 13IN_-Not-Required ;- APITALONE VISA --- Tex-: ycur tract:ing nuiber to 28777 72uSPS) to get the latest stattas: Standard Message —0 -a ( `. Lf 1 -I- ra t� 0 n M .n a ru ru p r- p © ` 6 EIPT t• 17 CerNed Malt Fee .7 _- c_ Fiefs Services & Fees PWckbux add Mas T m-fefe) 0 Retum Racsipt (nardooph S O Raturr ReWpt lateat�k1 S Postrnwk 0 tamed Mal Rould lad Daltvcry S ii - ' I' ' Hans ❑Ad+dt SVMt+se RequFed LjAd+dt V�Gmtxe ReeVcUd DoCvery S Postage Tgtai Postage and Fees SerrtTo�1ok{Q C� Sirae't an'jdA.pyr: iGrto .. __ - .Nai FTo.- -•-_----- - "."________________•--'-'-d-r - . '_ RECEIVED FEB 1 5 2024 DCM WILMINGTON, NC USPS Tracking Tracking FAQs_ Get the free Informed Delivery® feature to receive automated notifications on your packages Lean More Remove Tracking Number: 70221670000148425735 C_ oay Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 6:05 pm on October 10, 2023 in CARY, NC 27511. Get More Out of USPS Tracking: USPS Tracking_Pluse, Delivered Delivered, Left with Individual RECEIVED CARY, NC 27511 October 10, 2023, 6:05 pm jAN 2 2 ZQ24 See All Tracklnu_Hist� DCM WILMINGTON 1. Ln / � trl •taf -kf r ru Gert'fied 1Jl6%Fes s4-:- s =r k $ cP,EtRLnX. 2Cd kv �Fi cam'- fie) ro Extt'a eT+�cesw`Fsa;9 5�- Qastm 8i�t Necs ❑R, Retes9 { S r�Retum Rece'.Lt Otd i.(ail Res!l3=_d DL:vcry S 5— -1 AduA `-kS^°t9ra Ra4LL�d s RastncYai S r—� - d [jAdd15?9^aram - ia - �- Tata1 Pasta9 FpeS e and�Y�rr O• - ------------------- -jl- t SentTo f1 �►-fvS--- na., or P --------------------------------- x hb. �_{,,_t_1� _ - ru S'Ireei andpvt, r - - Mail to: 1111111111111 20i1N8813 FOR RE GI STRnT IOh REGISTER OF nEEDS ,ETHER H, raieWE ISH HeHRRDVER CDINITY, Rc 2011 MAR 21 03:40:25 PM W5552 PG;23N-2302 FEE422.@41 NC REV STAMP420,00 100 # M 009013 SPECIAL WARRANTY DEED Kelly Batson and Mark Batson SW Car Ck-Aye. ir4 645VI-AL I Rack, 114 apt Drawn by: SHAPIRO & 1NGLE 10130 Perimeter Parkway Suite 400 Charlotte, NC 28216 If the initials or any Grantor or agent appear, the property Includes the primary residence of at least one of the Grantors. (N.C.G.S. § 105-317.2): TaxIDM R05715-002-026-000 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER $2,800.00 REVENUE STAMPS THIS INDENTURE Made this 24 day of January 2011, between Bank of America, NA, hereinafter GRANTOR, whose address is 2375 N Glenville Dr, Richardson, TX 75082 and Kelly B d Mark Batson, hereafter GRANTEE, whose address is'yti�{ CittjGtc�ty� A' �t/,rrrirlikl�[� �e designation Grantor and Grantee as used herein shall include said heirs, sucdssois, 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 New Hanover County, North Carolina and more particularly described as follows: Being all of Lot 19 of Channel Acres, as shown upon the map of said subdivision recorded in the New Hanover County Registry in Map Book 9 at Page 27. Property Address: 32 Pelican Drive, Wrightsvilie Beach, NC 28490 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. And the Grantor covenants with the Grantee, the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. RECEIVED FEB 1 5 2024 DCM WILMINGTON, NC Form 1106ARev.89 IN WITNESS WHEREOF, the Grantor has hereunto set his hand, or ifcorporate, has caused this instrument to be signed in its corporate name by Its duly authorized officers by authority of its Board ofAirectors, the day and year first above written. of America, N.A. By; Cattile E Hataway Vice President STATE OF Texas COUNTY OF Collin )SS. Mary Lepine a Notary Public of the County and State aforementioned, certify that �«.lm :...... personally came before me this day and acknowledged that he/she is Vice President of Bank of America, N.A., a corporation, and that he/she as V i cePresident, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official stamp or seal, this31 day of January , 2011. I— atary bhc My Commission Expires: (Affix Notarial Seal) Property Address: Lot 3 Tract 3 Sect 1 Trail, Almond, NC 26702 10-009526 - CS MARY V. LEPGIE Notary r u::g1c STATE OF TEXAS My Genus. Exp, W25&-14 RECEIVED F E B 1 5 2024 F— 11951ftv.a9 DCM WILMINGTON, NC �ABL1SHV)-v JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 #####ii**iftkkltffit#f#f*f##k*#t#####iifkf***Hii##iif##tkff#####*###k#!#itkt*kk*iiiii*ik#k!#i#kkik*ii#ik#*#kftf#f#fi### Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 03121/2011 03:48:25 PM RE S552 Page: 2300-2302 2011008013 3 PGS $22.00 $2,800.00 CRESWEL.L., ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2011008013* 2011008013 RECEIVED FEB 1 5 2024 DCM WILMINGTON, NC D�7u <�_m� OD-iF- Z CC) n D < D d FU F- Z 11 F- ul D F9 70 .. F9 2;� D Z n � Z £ W 3 (�70fUD i--i 71J NG1-0TK CC) f 1 = -P, -i r- td Co (A~ D C:) ru F- r- z m td D n S ^Z:�cWtj 70 M 70 CD N r ��< V) D Cl��� tj O CD < D Zyy tJ z z r If- fm n 3 m (� rI FU C� J w D Ul fTl 77 CD D T1 � (� O N = r s M amo m a a z co w � m Z � z n I I I I m MAG. NORTH' C� 0 3 z❑ I �rrl I rx C 0 D a7 I C r CD U ci�D m C7 x o 0 15' IPARIAN RIGHTS 13 1> S Z r r- �_ m z r- - r _ r C n n 15' RIPARIAN ICHTS w z X -ma r x C - CIO r_-H -� �� d03 Tv, nil td < o xm D m ij Z I D mtj tj m I 2K ry Z rT, D I C7 of a 0 �22o ° �mam0 9 I 3 0onoo o �zz Oz5RDA � In,"'t r2 dz- aOo�a y+ m T; c p o�z I nOz > az� =Ad eKn x u zw e 7 na I � {S I I I p C 2m Z p p no°- �%lm `" 3 z� p = z y7o o 3 W' �1 � 09 . mom o Nd c� Sheet Description CAMA PERMIT DRAWINGS No. Date Revision Description By 1 10/3/23 ❑RIGINAL ISSUE CRP a A N I n ; a o 2 12/20/23 CAMA MAJOR RLP = go = < z i W Z V N ^ Project Address 3 2/01/24 REVISED CALCS RLP zff No /_� rj MARK BATSON 4 2/19/24 REMOVED UN- RLP Q' z a = U. Z w A 32 PELICAN DR NEEDED DIMS ao a 00o W m WRIGHTSVILLE BEACH, NC 28480 �� N J p IUS !2.1 ^ oo] v4c ��.Zm m m n 3 z -� m Oo y-). 21 m l0 �v tom O _ mcm . e a z �. �.ao?mo DD z N I CWJI mac'<U N o — O i_ T U ID m^ y o j,4 n -. coo rid K p Dmn A J Sheet Description CAMA PERMIT DRAWINGS Project Address MARK BATSON 32 PELICAN DR WRIGHTSVILLE BEACH, NC 28480 Jo. Date I Revision Description I By 1 1 10/3/231 ❑RIGINAL ISSUE I CRP 2 1 12/20/20 CAMA MAJOR I RLP Beachman, Kelsey From: Beachman, Kelsey Sent: Monday, February 19, 2024 11:13 AM To: rick@rpcmarine.com Subject: RE: [External] RE: CAMA Permit Application for 32 Pelican Dr - ADDITIONAL INFORMATION REQUIRED 1-30-2024 Hey Rick, I still see the 5.5' listed on the drawing. Please make sure you removed it off of all the drawings. Thanks, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department ofEirvironmental Quality Office: (910) 796-7270 NEW E-lI_-IL: kelse y.beachnian(der.nc.Qov 127 Cardinal Drive Ext. Wdiriinaton. NC 28d0.5 Find a Field Rep (arcgis.cOm) a.,.� D Q From: rick@rpcmarine.com <rick@rpcmarine.com> Sent: Thursday, February 15, 2024 11:42 AM To: Beachman, Kelsey <kelsey.beachman@deq.nc.gov> Subject: RE: [External] RE: LAMA Permit Application for 32 Pelican Dr - ADDITIONAL INFORMATION REQUIRED 1-30-2024 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kelsey, This package should cover all the items you listed below. As discussed, the dredging will be done on a separate permit and the owner did not want to have a surveyor come out for the 5.5', so it is left off the drawing. Best, Rick Penny From: Beachman, Kelsey <kelsey.beach man@deg. nc.gov> Sent: Tuesday, January 30, 2024 11:53 AM To: rick@rpcmarine.com Subject: RE: [External] RE: LAMA Permit Application for 32 Pelican Dr - ADDITIONAL INFORMATION REQUIRED 1-30-2024 Good morning Rick, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS — 32 Pelican Drive, Wilmington, NC 28480 DCM received your major permit application for the reconfiguration of an existing docking facility and maintenance dredging on 1-28-2024 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: General Comments: • Total Length of Shoreline is 62' c Based on the survey that you provided of the property, it appears that 32 Pelican Drive only has approx. 62 linear ft of shoreline. The extra 5.5 linear feet appears to be located on the neighboring property according to the survey. Therefore, the total allowable platform area (62' x 8 sgft) would be 496 square feet. With the proposed Floating Vessel Platform (FVP), the total square footage for the docking facility would be 540 square feet. Please adjust proposal to meet the maximum 496 sqft. • Maintenance Excavation of Docking Facility c For excavation projects you need to provide the fallowing: ■ Completed MP-2 form Drawing showing the proposed dredge footprint with: Approximate dimensions of the footprint with square foot area Proposed cubic yards to be removed Existing water depths within the proposed footprint Existing water depths of the connecting waters to the footprint to show connection to deeper water Cross-section of the proposed excavation that shows existing depths and the proposed final water depth See Major Permit Checklist that I attached for the rest An approved spoil location: A figure showing the spoil location and the proposed disposal area with dimensions Written permission from the property owner of the spoil location that approves placement of the project spoil material (include cubic yards) Include copy of original permit that the docking facility was originally excavated under (applicant will only be allowed to go to this final project depth or less for maintenance) Narrative: The narrative needs to address that the applicant is proposing maintenance excavation refer to the original permit that area was excavated under • The narrative needs to state the purpose and need for extending the existing floating dock MP-1 Form: + 3(a): River Basin = White Oak • 3(c): Lee's Cut is man-made • 4(a): Total length of shoreline o Based on the survey that you provided of the property, it appears that 32 Pelican Drive only has approx. 62 linear ft of shoreline. The extra 5.5 linear feet appears to be located on the neighboring property according to the survey. Therefore, please change the total amount of shoreline on the MP-1 form. • 4(i). please check an answer + 5(f): please provide sqft of disturbance, even if 0 MP-4 Form: • Only proposed structures need to be listed on this form • 1(g): only include proposed slips, no new slips are being proposed so please put 0 • 1(h): check "dockage (wet slips)" and then include # of proposed slips Drawings: • Page 1 of 2: o Please include the approximate location of NHW c Please include the date and time you recorded the water depths that are depicted e Please change the MLW to NLW, unless these numbers came from a survey Adjacent Riparian Notifications: • : Ail notilficat>I©ns fflr6A1A1a#©r PeCmt aptions Tneed Vio beserit by LISPS certifiedit�ai[zand ether greenrds orrarn.�?,4ne.. rto be suh �ttetf �vitli applicat�o ater aEs o Neighbors will need to be re -notified with the updated and new application forms and drawings that have been requested via this add info request ■ For the neighbor that signed the setback waiver, you do not have to have them sign another waiver after the renotification, they can just update the date on the original form instead. Either is fine, whichever is easiest for you. They do need to be notified by certified mail though. Please let me know if you have any additional questions. Thank you, Kelsey Beachman Kelsey Beachman Field Representative NC Division of Coastal Management Major Permit Fee Schedule g�je'Sct Na e: on 3 z Fe I ican �) Y,ve- - -, County: Check No & Amount: Asti . © o 52W 3 Development Type DCM % DWQ % 160143510009316256253) (2430016024351000952341) I. Private, non-commercial development RZ that does not involve the filling or 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: Iq. 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, Q or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($2$5) 40% ($190) of wetlands and/or open water areas: