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HomeMy WebLinkAbout20121003 Ver 2_CAMA Application_20191004DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Ronald and Cyndi McNeill c/o Steve Morrison (LMG, Inc.) 2. LOCATION OF PROJECT SITE: 102 Magnolia Drive, adjacent to a channel off Hewlett's Creek, Masonboro Sound, in Wilmington, New Hanover County. Latitude: 34°04'18.25471"N Longitude: 77°53'22.83312"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 1/30/19 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 09/13/19 (completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, ORW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Sewer System Planned - N/A (F) Type of Structures: Existing - Single-family residence, check -dam, access pier, uncovered platform and floating dock. Planned - Maintenance excavation (G) Estimated Annual Rate of Erosion: N/A Source- N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTUEu (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water shallow bottom -9,630 ftp (C) Other (Highground Spoil Island) -12,600 ft2 (D) Total Area Disturbed: 22,230 ft (-0.5 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation within a shoaled access channel to Hewlett's Creek. Ronald and Cyndi McNeill Page 2 9. PROJECT DESCRIPTION: The project site is a 5.8 acre residential tract at 102 Magnolia Drive off Masonboro Sound Road, adjacent to Masonboro Sound at the mouth of Hewletfs Creek. To locate the property from Oleander Drive (NC Highway 17), turn onto Greenville Loop Road and travel west approximately 3.0 miles. Turn left onto Pine Grove Road and travel south approximately 1.2 miles until you reach Masonboro Sound Road, which will be on your left. Turn left onto Masonboro Sound Road and travel approximately 1.0 mile east until you reach Magnolia Drive, which will be located on the left. Turn left onto Magnolia Drive and the property of interest will be the immediate driveway on the right. The applicant currently maintains a single-family residence on the property, which has elevations ranging from 5' to 25' above normal high water (NHW). This area is one of older homes occupying large tracts of land along Masonboro Sound. The property is vegetated with lawn grasses and ornamental landscape vegetation. The adjacent tract to the south is undeveloped and vegetated with oaks, pines, yaupon and wax myrtle. There is a fringe of Smooth Cordgrass S artina altemiflora) averaging 25' in width along the channel. The upper edges of the channel are lined with Black Needlerush Juncus roemerianus), Salt Meadow Cordgrass (Snartina patens , Sea Oxeye fflorrichia frutescens , and Sea Lavender (Limon ium carolinianum). The channel bottom is very silty, probably due to the stagnant nature of the channel terminus. The applicant currently maintains a private docking facility within the charnel, which was authorized under CAMA General Permit No. 36908 on 12/01/2003. The docking facility includes an access pier, uncovered "L -head" platform and a floating dock, which runs parallel to the channel. The application states that the existing channel appears to have been artificially created, extending across several properties, including the applicant's, which ties into Hewlett's Creek to the north. This channel is parallel to the AIW W, and appears to be originally excavated in the 1950's. The application states that the dimensions of the original channel as originally constructed were approximately 535' in length by 35' in width. The channel terminates at the south end of the applicant's property and continues along the adjacent riparian property owners to the north (Paisley and Woodbury). This sandy material within the channel has apparently been associated with runoff from the existing ditches along the highground portions of the properties, which border the channel. The previous property owner (D. Batten) obtained State Permit No. 34-97 on 3/24/1997 for maintenance excavation of the channel, with dimensions of approximately 215' in length by 14' in width to a final project depth of -2.0' @ MLW (US Army Corps of Engineers (USACE) Action ID No. 199704267). These authorized dimensions were within the limits of what appears to have been the historical channel that was created. The application states that this was accomplished through a dragline dredge methodology, and the excavated material was placed onto the highground portion of the properties along the channel. A Major Modification issued on 02/15/13 expanded the authorized channel to 535' in length, 18' in width, and-2.5'@NLW. State Permit No. 34-97 also authorized the stabilization of the ditch on the applicant's property through the means of three (3) check dams to address the shoaling within the channel. State Permit No. 34-97 was transferred to the applicant on 11/13/1997. A Major Modification was issued to the applicant on 02/15/2013 for maintenance excavation and expansion of the previously authorized access channel. Condition No. 1 of the permit required that rip rap be placed at the confluence of the drainage ditch and the canal, which was completed. Permit No. 34-97 expired on 12/31/16. The Wilmington/New Hanover County Land Use Plan 2006 Update classifies the area within the scope of the project as Conservation. They ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. The Division of Water Resources has classified the waters as SA- ORW; however, the ORW designation stops at the mouth of Hewlett's Creek. Ronald and Cyndi McNeill Page 3 PROPOSED PROJECT: The applicant proposes to perform maintenance excavation within an access channel to Hewletts Creek. The proposed excavation includes the dredge limits as previously authorized under State Permit No. 34-97 within the channel. The application states that existing water depths within the access channel range from approximately +0.5' to -2.5' @ NLW. The applicant wishes to excavate the channel within the shoaled area, measuring approximately 535' in length by 18' in width to a final project depth of -2.5' @ NLW, which would tie into connecting water depth towards Hewlett's Creek to the north (See Sheets 2 and 3 of 4). The proposed excavation would run along the location of existing docking facilities of three contiguous property owners (102, 106, and 110 Magnolia Drive). The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of approximately 447 cubic yards (cy) of material. The excavated material would then be placed on the high ground at the applicant's property at 102 Magnolia Drive as depicted in Sheet 2 of 4. The spoil disposal area would be approximately 124' by 102' (12,600 ftZ) and would be located outside the 30' coastal shoreline buffer from NI1W. The application states that mats would be used for any machinery crossing coastal wetlands that may be required. 10. ANTICIPATED IMPACTS The project as proposed would remove approximately 447 cy of sandy material from approximately 9,630 sq. ft. of shallow bottom area within a created channel; and approximately 12,600 ft' of high ground would be filled with the spoil placement, which would be located on the applicant's property, outside the 30' buffer from NHW. Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated. Although the channel is designated as Primary Nursery Area, it has been previously dredged and this event would be considered maintenance. Submitted by: Patrick Amico Date: 9/30/2019 Office: Wilmington 3. DCM MP -1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located adjacent to 102, 106, and 110 Magnolia Drive in the historically maintained side channel that connects to the maintained Hewletts Creek channel in Wilmington, New Hanover County. The applicants are proposing to re -authorize maintenance dredging in an existing channel connecting to Hewletts Creek. The channel area to be maintained was formerly authorized under a major modification of CAMA permit number 34-97 on 2/15/13 which expired on 12/31/16. The dimensions of the channel to be maintained are unchanged and are 535' in length by 18' in width excavated to -2.5' normal low water. The disposal site forthe material will be an area measuring 124' by 102' within the upland lawn on the applicant's property outside the 30' buffer. The disposal site will feature silt fencing to prevent sediment from leaving the site and following the excavation work, the material will be graded and stabilized with vegetative ground cover. The applicant proposes to use a long reach mechanical excavator and/or a bucket -to -barge methodology for sediment removal. Mats will be used for any machinery crossing of the coastal wetlands that may be required. RECEIVED SEP 13 2019 DCM WILMINGTON, NC CAMA Permit Application for Major Development — September 2019 102 Magnolia Drive Wilmington, New Hanover County, North Carolina 4LMG LAND MANAGEMENT GROUP a DAVEA— company September 12, 2019 Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Patrick, On behalf of Ronald and Cyndi McNeill, I would like to request a CAMA Major Permit to perform maintenance dredging in an existing channel connecting to Hewleus Creek. The project is located adjacent to 102, 106, and 110 Magnolia Drive in the historically maintained side channel that connects to the maintained Hewletts Creek channel in Wilmington, New Hanover County. The channel area to be maintained was formerly authorized under a major modification of CAMA permit number 34-97 on 2/15/13 which expired on 12/31/16. The dimensions of the channel to be maintained are unchanged and are 535' in length by 18' in width excavated to -2.5' normal low water. Please find enclosed a Site Plan, Agent Authorization, Deed, Tax Card, and $400 fee check. Adjacent riparian landowner notifications have been sent by certified mail and green confirmation cards are attached. Please let me know if you have questions or need anything in addition to process this CAMA Major Permit. Sincerely, Steve Morrison Land Management Group Enclosures: As stated Cc: Ronald and Cyndi McNeill RECEIVED SEP 13 2019 DCM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name NA Project Name (if applicable) 102 Magnolia Drive Applicant 1: First Name Ronald MI NA Last Name McNeill Applicant 2: First Name Cyndi MI NA Last Name McNeill If additional applicants, please attach an additional page(s) with names listed Mailing Address 102 Magnolia Drive PO Box City Wilmington State NC ZIP 28409 Country USA Phone No. 919-396-5680 FAX No. Street Address (if different from above) City State ZIP Email 2. AgentContractorInformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City Stale 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. eat. FAX No. Contractor # Street Address (if different from above) City State ZIP Email smorrison@lmgroup.net; gfnch@lmgroup.net CAMA Permit Application for Major Development —September 2019 RECEIVED 102 Magnolia Drive Wilmington, New Hanover County, North Carolina SEP 113 2019 DCM WILMINGTON, NC 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 102 Magnolia Drive NA Subdivision Name City State Zip e. Vegetation on tract Wilmington NC 28409 Phone No. Lot No (s) (if many, attach additional page with list) 910-395-5680 i. Is the proposed project consistent with the applicable zoning? a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Channel to Hewletts Creek 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 ❑Manmade []Unknown Hewletts Creek 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. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 203' 227,163 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 15 ®NHW or ❑NWL e. Vegetation on tract Oaks, pines, wax myrtle, upland grasses and shrubs, coastal wetlands. I. Man-made features and uses now on tract House garage, driveway, dock facility. g. Identify and describe the existing land uses ad n to the proposed project site. Residential single family dwellings. h. How does total government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA L Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. (_]Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ❑No ®NA Register listed or eligible property? CAMA Permit Application for Major Development —September 2019 �% r_I V tU 102 Magnolia Drive Wilmington, New Hanover County, North Carolina SEP f 3 2019 DCM WILMINGTON, NC in. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ONO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes NNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal sewer system. o. Describe existing drinking water supply source. Community water supply. 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 NPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide boating access to Hewletts Creek and AIWW. Kayak, small boat access to 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. Channel maintenance excavation by bucket to barge operation or long reach excavator to be deposited on upland property on site. d. List all development activities you propose. Maintenance of channel to Hewletts Creek. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance. f. What is the approximate total disturbed land area resulting from the proposed project? 12,648 NSq.FI or ❑Acres 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. None proposed. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No NNA L Is there any mitigation proposed? ❑Yes NNo ❑NA If yes, attach a mitigation proposal. RECEIVED CAMA Permit Application for Major Development —September 2019 V"I--- 102 Magnolia Drive Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 6. AdditionalInformation 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 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. I. 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 SFH, LLC Phone No. NA Address 100 Europa Drive, Suite 525, Chapel Hill, NC 27517 Name Eric Paisley Phone No. NA Address 106 Magnolia Drive, Wilmington, NC 28409 Name Phone No. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA major permit number 34-97, Ronald & Cyndi McNeill 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow project will be subject to the conditions and restrictions contained in the permit. The 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: 9/12/2019 Print Name: Steve Morrison, Agent, Land Management Group Signature Please indicate application attachments pertaining to your proposed project. RECEIVED NDCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development SEP 13 2019 ❑DCM MP -4 Structures Information DCM WILMINGTON, NC CAMA Permit Application for Major Development — September 2019 102 Magnolia Drive Wilmington, New Hanover County, North Carolina 2. Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 447 cubic yards. Silty sand. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Existing upland yard area. C. (i) Do you claim title to disposal area? ®Yes ❑NO ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any 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 ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: To spread on available upland. 124'x102' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Same location. L (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (it) If yes, how much water area is affected? Upland disposal location to be determined. CAMA Permit Application for Major Development — September 2019 102 Magnolia Drive Wilmington, New Hanover County, North Carolina RECEIVED SEP 13 2019 DCM WILMINGTON, NC Access Other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL 535' Length Width 18' Avg. Existing 1.0' mlw NA NA Depth Final Project _2.5' mlw NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. 447 cubic yards. Silty sand. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Existing upland yard area. C. (i) Do you claim title to disposal area? ®Yes ❑NO ❑NA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any 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 ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: To spread on available upland. 124'x102' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Same location. L (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (it) If yes, how much water area is affected? Upland disposal location to be determined. CAMA Permit Application for Major Development — September 2019 102 Magnolia Drive Wilmington, New Hanover County, North Carolina RECEIVED SEP 13 2019 DCM WILMINGTON, NC 3. SHORELINE STABILIZATION NThis section not applicable (If development is a wood groin, use MP -4 - Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding t2 months? ❑Yes ❑No El NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES []This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes RNo []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (513), or other (ii) Amount of material to be placed in the water wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: NA S. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Existing vegetation, sill fence and/or berm at disposal location. Bucket to barge dredge or long reach excavator initial event. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes NNo ❑NA site? RYes []No [-]NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. Mats to be used if equipment crosses wetlands. Date 9/12/2019 project Name 102 Magnolia Drive Applicant Name Ronald and Cyndi McNeill ,Applicant V Steve Morrison, Agent, Land Management Group CAMA Permit Application for Major Development - September 2019 102 Magnolia Drive Wilmington, New Hanover County, North Carolina RECEIVED DCM W&MINGTON, NC ROY COOPER Governor MICHAEL S. REGAN NORTH CAROLINA Environmental Quality Secretary September 30, 2019 BRAXTON C. DAVIS Director Land Management Group c/o Steven Morrison 3805 Wrightsville Ave Suite 15 Wihington, NC 28403 Dear Mr. Morrison: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Ronald and Cyndi McNeill, for State approval for development of the subject property located at 102 Magnolia Drive, adjacent to Hewletts Creek/Masonboro Sound, in Wilmington, in New Hanover County. It was received as complete on September 13, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 27, 2019. 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 September 13, 2019, 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, Patrick Amico Field Representative cc: Courtney Spears, DCM USACE Kathryn Thurston, City of Wilmington Doug Huggett, MHC Chad Coburn, DWR Linda Painter, LPO Ronald & Cyndi McNeill, Applicant 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 N(1'1'IC1: CAMA PERMIT APPLIE FOR 0 ELI Ism a _ - - .. County. COMMENTS ACCEPTED THROUGH October28, 209 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ronald and Cyndi McNeill 102 Magnolia Drive Nc DIV. of Caustal Management m-ing on, inalDr.Ext. — (949)-395 6680 Wilmington, NC 2840f; AGENT: Steve Morrison (910) 452 - 0001 Pub ick Amico (91 e) 796 742S 0 NORTH CAROLINA Environmental Quality October 4, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Ronald and Cyndi McNeill / New Hanover County • Bruce Cameron IV/ New Hanover County • MAS Properties, LLC /Brunswick County Hello Angie: Please publish the attached Notice in the Monday, October 7, 2019 issue. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC Files Gregg Bodnar— WiRO/MHC USACE & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A - 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On September 13, 2019, Ronald & Cyndi McNeill proposed to perform maintenance excavation of an access channel at 102 Magnolia Drive, adjacent to Masonboro Sound, in Wilmington, New Hanover County, on August 30, 2019, Bruce B. Cameron, IV proposed to replace a failing bulkhead at 6452 Quail Run Rd., adjacent to AIWW, in Wilmington, New Hanover County, and on September 20, 2019, MAS Properties, LLC proposed to construct a single family residence with wetland fdl at 4913 E. Beach Dr., adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Tara MacPherson (Brunswick County), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 for New Hanover County or (910) 796-7425 for Brunswick County 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 October 28, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Nance of Property Owner Requesting Permit Mailing Address: Phone Number: 9110 Email Address; kA.ra Pt ,evsrn►ht. I certify that I have authorized LOe)e-A i-Ao Allent / Contrector to act on my behalf, for the purpose of applying for and obtaining all CAMA permits neceseary for the following proposed development: CFiyn r1 _ . .-- at my property located at i 2 Y�a�rioi o,,- '{fir s v` in NEW NArvrv"v County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Icoal Permit Officer and their agents to enter on the aforementioned lands in connection uvith evaluating information related to this Permit application Property Owner Information Signature ` Pnnf or Type Name _... -- erre -- _1 Date RECEIVED This certification is valid through } b r_ Z 3 /._1 G1 SEP 13 2019 DCM WILMINGTON, NC tLMG LAND MANAGEMENT GROUP a DAVEA. company August 28, 2019 Mr. Eric Paisley 106 Magnolia Drive Wilmington, N.C. 28409 Re: Adjacent riparian landowner notification Mr. Paisley, As required, you are being notified of a CAMA major permit application submittal by Ronald and Cyndi McNeill for their proposed maintenance dredging within a connecting channel to Hewletts Creek from their property at 102 Magnolia Drive in Wilmington. A complete copy of their application materials is enclosed for your review. You will have 30 days in which to submit any written comments to the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, N.C, 28405-3845. If you should have any questions concerning the proposed project, please contact me or Greg Finch at our office (910-452-0001). Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Application materials Cc: Ronald and Cyndi McNeill RECEIVED SEP 13 2019 DCM WILMINGTON, NC wNw.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 LMG LAND MANAGEMENT GROUP a DAVEY*— eompany August 28, 2019 SFH, LLC 100 Europa Drive Suite 525 Chapel Hill, N.C. 27517 Re: Adjacent riparian landowner notification To Whom it May Concern, As required, you are being notified of a CAMA major permit application submittal by Ronald and Cyndi McNeill for their proposed maintenance dredging within a connecting channel to Hewletts Creek from their property at 102 Magnolia Drive in Wilmington. A complete copy of their application materials is enclosed for your review. You will have 30 days in which to submit any written comments to the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, N.C, 28405-3845. If you should have any questions concerning the proposed project, please contact me or Greg Finch at our office (910-452-0001). Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Application materials Cc: Ronald and Cyndi McNeill RECEIVED SEP 13 2019 DCM WILMINGTON, NC www.Inigroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ■ Complete Items 1, 2, and 3. D Priority Mall Fxpresa ■ Print your name and address on the reverse X so that we can return the card to you. B. R ■ Attach this card to the back of the mailplece, or on the front if space permits. IOeMey 1. Article Addressed to: D. all Mr: Errs„ Pw SI<Aq It E: 106 ,4 tno1, pv r2 INilm,ri�t^rw6 VAOh galivery Restricted Delivery 3 Service II I'IIIII IIII III I II VIII I'lII' III II III III I III sitil 9590 9402 5045 9092 9165 30CAd.U; CBsit I * "all 7015 0640 0002 2839 2454 PS Form 3611, July 2015 PSN 7530-02-000-9053 address different .or delivery addp 0 Agent INo Domestic Return Receipt ; ■ r'" �, and 3. A. Si atum �.,. ^Tress on the reverse X ❑ Agent so that we ca, .t, card to you. ❑ Adore ■ Attach this card to . o..:_k of the mailplece, - R• Ived by (Pdn Mame) c. r of D)ep or on the front If apace permits. 3C(!l 1. Article Addressed to: D. Is delivery address different from item 11 ❑ Yes C F!it' LL^VIf YES, enter delivery address below: ❑ No 100 ELkvbga Vvf $w1�52s Nf,l NriII,NC, a'91 IIIIIIIII ILII IIIIIIIIIII1111111111111111111III 3SelvlceTypo 13RrioutyMail Expr tl. e 0 Reglete.111. D Adult Signature Restrkted Delivery 17 Registered Mall Restricted 9590 9402 5045 9092 9165 16 o�ca meed Mall Mall calvaryElnooeur ti Receipt for D CWlect on Delivery Merchandise 2. Article Number (Iransfer from smke labeo D Cenat on Delivery Reslrlcted Delivery D 919neture Conllrmetlon'" sature 7005 2570 0000 5709 9575 MiRestricted Delhmmy DRstricted Deliverytlon PS Form 3611, July 2015 PSN 7530-02-000-9053 Domestic Return Rriolpt I RECEIVED SEP 13 2019 DCM WILMINGTON, NC D Priority Mall Fxpresa D Relitetorod Mall's sd Delivery In giwlotered Mall Re.uleted caltvay IOeMey DMerchanndReceipt iar dcled Delivery 0 Signature Confirmation"+ D Signature Conflmadlon galivery Restricted Delivery Domestic Return Receipt ; ■ r'" �, and 3. A. Si atum �.,. ^Tress on the reverse X ❑ Agent so that we ca, .t, card to you. ❑ Adore ■ Attach this card to . o..:_k of the mailplece, - R• Ived by (Pdn Mame) c. r of D)ep or on the front If apace permits. 3C(!l 1. Article Addressed to: D. Is delivery address different from item 11 ❑ Yes C F!it' LL^VIf YES, enter delivery address below: ❑ No 100 ELkvbga Vvf $w1�52s Nf,l NriII,NC, a'91 IIIIIIIII ILII IIIIIIIIIII1111111111111111111III 3SelvlceTypo 13RrioutyMail Expr tl. e 0 Reglete.111. D Adult Signature Restrkted Delivery 17 Registered Mall Restricted 9590 9402 5045 9092 9165 16 o�ca meed Mall Mall calvaryElnooeur ti Receipt for D CWlect on Delivery Merchandise 2. Article Number (Iransfer from smke labeo D Cenat on Delivery Reslrlcted Delivery D 919neture Conllrmetlon'" sature 7005 2570 0000 5709 9575 MiRestricted Delhmmy DRstricted Deliverytlon PS Form 3611, July 2015 PSN 7530-02-000-9053 Domestic Return Rriolpt I RECEIVED SEP 13 2019 DCM WILMINGTON, NC #f WOODBURYRICHARD L Sl NE M VTI a E w x Mqg C9 PAISLEY ERIC JAMES, ONBORO SOU - � �R MCNEILL RONALD, CYNTHIA J: t; a 11 40� - . 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'���I•I•I•I•I•I• �I•I•Is!®t•I•� I•�I•��t•1 t_t_t_t_t_t_t_t_t_t_t_t_t_�t•t_t_t_�t•t—t_�t•t_ t•�t•t•t_�1 t•t•t•t•t•t•t�lt•t•!�I_ .... 1�3ia�7FIiR.ZcfF_Tl�t•t•�t•t•t•t�]��t•�t•t•�t•t•�t•1 t_t_t_t_t_t_t__t_t_t/���Ir�„ ...-�i�l�:[Tal-Y.]OSf_l:Z[dRi[.ZC�']hail\/i'11•t—�t•t—t—�t—�t—t—��1 %/I/%II//.I/—%/I%/�I%%II//I//.I/-%/I%/II//II/ii� ���—�t•t•t•�t•t•�I—t—����I_.�T.77A7GiE{ia37�-'B I/I.I/I%/I %/II/%I//•I/dJ.//I %/II//II//II//.I/—I%I %/II//I.�—,�i� ��������.;��������I�trt•t•1 t_t_t_t_t_t_!!t_t_t_t•t_�t_t_t_ t_�t_!!t_�t_t_�t_t_t_t_t_�1 .• 1 =— 1 :1 •• 11 1 I 1 41 I 61 2t180 91 11 I �t•t•t•TIR�t_t_t_t_t_t_t_t_t_s!� t_t_�t•t_t_�t_t_�t_t_t_t_�t• t•t•t•t•t•�t•t•t•t•t•t•t•t• t•t•t•t•t• t•�t• t• t•�t• t•�t• t• t•� t• �t•t•t•t• ��t•t•�t•t•t•t• t�a��t_� t• t• t_� t•� �—t_t_� t•t•t• �t•t•t•t•t_�t•t•t•t•t•t•t•t•� t•�t•t_t_�t•� t•t_��t•t•� -� �.�I .�f.I f.����1.T �TRJ.I:J �LL�1•� :. .�1�lRLi�LE.�,�IL�!U�--- ---------------_ ��-_ �_-r-�-��-�-�-��-----��1�.. .. 1111'-.5���,�IT•Z«T��a�-------� 11 1 1 in 1 9n •1 1 .I 1 :1 91 10 1 • 1 •1 1 •1 Proposed �---------mal---------��---- -_�-___-_-_ ��--------�1---- ------���---- 1 RIT!Z�t�a�-------��---------��-_I•��y!�!�:•IIIF.ICIi:����_---- 1 4& 1 I •I 1 1 4.1 1 :1 91 0 1 5120 1 1 .1 1 :1 Property Boundary Approximate NHW Line Proposed Dredge Boundary Elevation Contours LegendNOTES: WATER1. DEPTHS PROVIDEDBY MCPHERSON 2. WATER DEPTHS RELATIVE TO NLW. RECEIVED 3. NOT A SURVEYED OR ENGINEERED DRAWING, FOR ENVIRONMENTAL PERMITTING ONLY. 1 • 2019 WILMINGTON,DCM •, • ®® Remion Date NA LMG19 177 4 i Iof i i i i i D 10 9DI i = r oxlma a Srade APproxi nate Exi In ra e idapy MHW MH r xl MLW MLW ASSUIpe AssbirnedSIO De 1-4- 0+ 00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 0+90 0+1 00 0+110 RECEIVED SEP 13 2019 D s DCM WILMINrrO NOTES: Property Boundary 1. WATER DEPTHS PROVIDED BY MCPHERSON MARINE SERVICES. Approximate 404/Coastal Wetland Line . . . — — 2. WATER DEPTHS RELATIVE TO NLW. Project Data Revision Date Approximate NHW Line t. 3. NOT A SURVEYED OR ENGINEERED DRAWING, FOR ENVIRONMENTAL PERMITTING ONLY. T T /� 102 Magnolia Dr. 7/25119 NA Proposed Dredge Boundary j�j�/� Style.o um r . Elevation Contours F LAND hf9NAa�IFNr9RDUP TitleAs tawEr# comy., y Noted LMG19.177 30' CAMA Buffer 3805 Wrightsville Ave, Suite 15 Profile 8 Drawn By: Sheet Number Wilmington. North Carolina 28402 WAD 4 of 4 Telephone. 910-452-0001 NORTH CAROLINA Environmental Quality October 4, 2019 MEMORANDUM: 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) gregg.bodnar(cDNCDENR.gov SUBJECT: CAMA / Dredge and Fill Application Review Applicant: Ronald & Cyndi McNeill ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 102 Magnolia Drive, adjacent Masonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within a shoaled access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grep_p Bodnar at the address above by October 28, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 000101 leven F Siegel JO Gs,xmo Fp,p K zouoa 22gq STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER L 665 Tax ID No.: R06700-002-040-008 WARRANTYDEED THIS DEED, made this 15A day of September, 1991, by OWEN DAVIS BATTEN and wife, LANA SUE BATTEN, of 5000 VILLA PLACE WEST, WILMINGTON, NC 28409. GRANTOR, to RONALD B. MCNEILL and wife, CYNTHIA J. MCNEILL. of 248 CHIMNEY LANE, WILMINGTON, NC 28405. GRANTEE; ata usovit are ac 09/25/91 $2400.00 WITNESSETH a.n n005010ABeal Estate Exclse Tu 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 la, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described ac follows: BEING ALL OF ESTATE #1 OF THEJO. CARR ESTATES ACCORDING TO A MAP THEREOF RECORDED IN MAP BOOK 5 AT PAGE 28 IN THE OFFICE OF THE REGISTER OF DEEDS OF NEW HANOVER COUNTY, NORTH CAROLINA, REFERENCE TO WHICH SAID MAP IS HEREBY MADE FOR A MORE PARTICULAR AND DETAILED DESCRIPTION. TO HAVE AND TO HOLD the ahxesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto betnnging 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 svhomsoxver except for the exceptions hereinafter stated. Title to the progeny hereinabove described is subject it, the following exceptions: (a) subject to County ant "I Zoning Ordinary es; (b) subject to standard casements for utilities: (c) restrictive covenants of record, if any; (d) taxes for current year. The designation Grantor and Gramee as used herein shall include said parties, their heirs. succtmsors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 487290 PREPARED BY '- RETURN TO STEVEN F. SMEL STEVEN F. Swam (910)2662292 r (910)256-2292 DECEIVED SEP 1 trig DCM WILMINGTON, NC Leven F. Siegel sonr s u.. ne zeao� 224`1 U 6 6 6 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 time by its duly authorized officers and its seal to be hereunto axed by authority of its Buard of Directors, the day and year first above written. A�E�11f (SEAL) IN DAV BATTEN 97 SEP 25 PSI 12 12 (SEAL) LANA SUE BATTEN t,TS K STAT�'"-JWORi 44CAi6gNA COUNTY OF NEW HANOVER 1. Steven F. Siegel, a Notary Public of the County and State aforesaid, do hereby certify that OWEN DAVIS BATTEN and wife, LANA SUE BATTEN, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 2n.'L—�4 day of September. 1997. My Commission Expires: STATE OF NORTH CAROLINA New Hanover County The Fwgom Mrc�od Crnifi<aJ, 1*) or SYr'V Y .3lELiEL Nun»' ft`[" a) P IK W u cenifed to be mrrtd. C'�t This the -,2,1' day or19-'?—r //////////'''''������,��,hia ���ry Sue Oou, Rginer or Dnda by�il .� .r DcyutyfAu&uadr NOTARY PUBLIC (Notarial Seal) STEVEN SIEGEL Norary Vubie Scone of Noel. Carohm New Hanover Cour•ry Cnmmies�an E.,.,es Augeel 29. 2000 _, a Notary Public, is cenilied it, he 1997. :EGISTER OF DEEDS FOR IEW HANOVER COUNTY Deputy/Assistant-Register of Deeds RECEIVED SEP 13 2019 DCM WILMINGTON, NC 8/22/2019 PARID:R06700-002-040-000 MCNEILL RONALD B CYNTHIA J Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal New Hanover County 314508.98.2713.000 102 MAGNOLIA DR WILMINGTON D8S01 RES -Residential 10-1 Fam Res 1 R -20 -RESIDENTIAL DISTRICT 102 MAGNOLIA DR Legal Description TR 1 J 0 CARR EST Tax District WM [Owners (On Januarylst) Owner MCNEILL RONALD B CYNTHIA J City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2019 RECEIVED SEP 13 2019 I)CM WILMINGTON, NC https:/letax.nhogov.com/pVDatalets/PrintDatalet.aspx?pin=R06700-002-040-000&gsp=PROFILEALL&taxyear=2019&jur--NH&ownseq=0&card=l &roll=... 1 /1 Major Permit Fee Schedule Project Name: County: Check No & Amount: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% ($0) 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: 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 $250 100%($250) 0%($0) Certification No. 4175 can be applied: III(B). Public or commercial developme if General Water Quality Certification $4 0 100%($400) 0%($0) No. 4175 can be applied: )t� �I) III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% review and written DWQ concurrence is ($160) needed because of concerns related to water quality or aquatic life: Ill(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60%($240) 40 /0 1 ° ($ 60) IV. Development that involves the filling and/or excavation of more than one acre $475 60%($286) 40%($190) of wetlands and/or open water areas: