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
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SEP 13 2019
DCM WILMINGTON, NC
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RECEIVED
SEP 13 2019
DCM WILMINGTON, NC
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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
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De
1-4-
0+ 00 0+10
0+20 0+30 0+40
0+50 0+60 0+70
0+80 0+90
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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: