Loading...
HomeMy WebLinkAbout20050240 Ver 2_CAMA Application_20200106DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Queens Point, LLC. c/o Kenneth Miller 2. LOCATION OF PROJECT SITE: 2541 Middle Sound Loop Road, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway & Howe Creek LATITUDE: 34° 14' 57" N LONGITUDE: 77` 47' 11" W 3. INVESTIGATION TYPE: CAMA AND D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: November 14, 2019 Applicant/Agent Present: NO 5. PROCESSING PROCEDURE: Application Received: November 6, 2019 Application Completed: December 30, 2019 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: New Hanover County Land Classification From LUP: Residential (R-20S) (B) AEC(s) Involved: EW & PTA Water Dependent: YES (C) Intended Use: Private Residential Docking Facility (D) Wastewater Treatment: Existing — Municipal Planned — N/A (E) Type of Structures: Existing — Bulkhead, Pier, Floating Dock Planned — Excavation of Access Channel (F) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A 20,000ft2 N/A (Spoil Disposal) (B) Vegetated Wetlands N/A N/A N/A (C) Open Water 38,160 ft2 N/A N/A (D) Total Area Disturbed: 58,160 ft2 (1.34 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA; ORW (G) Shellfish Harvesting Open: NO (Closed) 8. PROJECT SUMMARY: The applicant proposes to excavate a 952 feet long by 30 feet wide access channel, of which 750 linear feet was previously dredged, from the Atlantic Intracoastal Waterway (AIWW) extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility. Queens Point, LLC. c/o Kenneth Miller Page 2 9. PROJECT DESCRIPTION The project site is located at 2541 Middle Sound Loop Road, adjacent to the AIWW/Middle Sound and Howe Creek, near Wilmington, in New Hanover County. To find the site, travel north on US Highway 17 from Wilmington. In the community of Ogden, turn right onto Middle Sound Loop Road (NCSR 1403) and travel approximately two miles to the entrance of Queens Point (on right). The property is secured with an electronic gate, and as such, the applicant's consultant, Andy Dortch (Land Management Group, Inc.) should be contacted at (910) 452-0001 for access to the property. The high ground property is a 3.20 acre tract of land that abuts an 8.45 acre, three lot subdivision, also owned by Queens Point, LLC. Existing development on the site includes an entrance drive, and a single-family dwelling and garage. With the exception of the wetland areas bordering the site, the entire site is landscaped. High ground vegetation includes ornamental shrubs, lawn grasses, and large, mature Live Oaks (Quercus virginiana). Elevations on the tract range from 0 to 22 feet above normal high water (NHW). The property is bordered on the north by a small creek (Spring Branch), on the south by Howe Creek, and on the east by Middle Sound and the AIWW. The site is directly across the AIWW from the mouth of Mason's Creek. The entire 12.5 acre area owned by Queens Point, LLC. has 1.06 acres of Section 404 Wetlands that were delineated by Land Management Group, Inc. and approved by the U.S. Army Corps of Engineers on June 7, 2001. Section 404 Wetlands are located along the perimeter of the property, associated with the three water bodies mentioned above. Wetlands along the upper portion of Spring Branch are dominated by freshwater species including Water Oak (Quercus nigra), Jack-In-The-Pulput (Arisaema triphyllum), Catbrier (Smilax spp.), and Poison Ivy (Toxicodendron radicans). The remainder of the wetlands that border the lower portion of Spring Branch, Howe Creek and Middle Sound, are typical mixed Coastal/404 Wetlands, vegetated primarily with Salt Meadow Grass (Spartina patens), Salt Grass (Distichlis spicata), Sea Oxeye (Borrichia frutescens), and Marsh Elder (Iva imbricata). The property has approximately 1,167 linear feet of shoreline along Middle Sound and the AIWW. Thi; area of the property drops sharply in elevation to a wetland border averaging approximately 15-30 feet in width. The majority of this shoreline is stabilized by wooden bulkhead and terraced retaining walls. These structures were permitted under the CAMA General Permit process on July 20, 2001 (General Permit No. 27390-D) and September 28, 2001 (General Permit No. 28303-D). Waterward of the bulkhead is an area of Common Reed (Phragmites australis) averaging approximately 10 feet in width. This area transitions to a band of mixed high -marsh vegetation averaging approximately 15 feet in width and to a band of Smooth Cordgrass (Spartina alterniflora) averaging 3-10 feet in width, along the water's edge. The area of open water adjacent to the bulkheaded shoreline averages approximately 250 feet in width and is separated from the AIWW channel by a marsh island measuring approximately 600 feet in length by an average of approximately 300 feet in width. A large portion of this open water area is exposed sand flat at low tide. An existing pier and dock extends from the property into Middle Sound just east of the residence. This structure was permitted on June 27, 2001, also under the CAMA General Permit process (General Permit No. 27390-D). This structure consists of a 6 feet wide by 40 feet long access pier that ramps down to a 10 feet wide by 40 feet long floating dock which parallels the shoreline. Queens Point, LLC. was issued State Permit No. 111-05 on June 28, 2005 to enlarge the existing floating dock permitted under CAMA General Permit No. 27390-D to 100 feet long by 10 feet wide creating a total of 6 boat slips. State Permit No. 111-05 received a Minor Modification on May 10, 2007 which authorized the excavation of a 750 feet long by 30 wide access channel and a 60 feet long by 160 feet wide boat basin to a depth of -4.0' below normal low water (NLW) to the existing docking facility. Access to the existing dock from the AIWW is via a small shallow channel that runs just west of the marsh island and east of the sand flat. This channel connects to a deeper water area just north of the applicant's dock. Water depths in this channel average approximately -2.1 feet at mean low water (MLW) and average Queens Point, LLC. c/o Kenneth Miller Page 3 approximately -3.0 feet at MLW at the floating dock according to the applicant. Another shallower channel extends from the dock into Howe Creek, west of the sand flat. Water depths at the connection to Howe Creek average -2.0 feet at MLW. The New Hanover County CAMA Land Use Plan classifies the adjacent waters and high ground area of the project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters in the project area are classified SA/ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. However, the waters of Howe Creek, just upstream from the project area, are designated as a PNA. The proposed project area is outside of the designated PNA boundaries. 10. PROPOSED PROJECT The applicant proposes to excavate a 952 feet long by 30 feet wide access channel, of which 750 linear feet was previously dredged, to the Atlantic Intracoastal Waterway (AIWW) extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility. The proposed maintenance dredging in this application appears to extend approximately 200 linear feet beyond the original authorized dredge footprint within Outstanding Resource Waters (ORW) (see Sheet 4 of 9 dated received by DCM Morehead City on February 7, 2005). Dredging operations would be by a bucket to barge excavator as stated by the applicant. The proposed box cut from this maintenance dredging would result in approximately 38,160ft2 of shallow bottom excavation. The proposed access channel would measure approximately 952 feet long by 30 feet wide and be excavated to an approximate depth of -4.0 feet at MLW. The access channel would extend from the AIWW Navigation Channel to the existing floating dock boat basin (see Sheets 1 & 2 of 5). As proposed, the access channel cut would be approximately 25 feet from the edge of Coastal Wetlands at its closest point to the marsh island. The proposed boat basin would measure approximately 60 feet long by 160 feet wide and be excavated to an approximate depth of -4.0 feet at MLW. Approximately 2,200 cubic yards of spoil material would be deposited on an upland spoil disposal island (DA 228), which is located outside of the US Army Corps of Engineers Placement Areas and owned by Northeast New Hanover Conservancy Spoil Island (see Sheet 5 of 5). The applicant has obtained written authorization by the owner of the spoil disposal island for the placement of the excavated material. The applicant proposes to dispose the spoils leveled out in an approximate 200 feet by 100 feet disposal area (approximately 20,000 ft2) located entirely on high ground within the 575 feet Coastal Shoreline Area of Environmental Concern (AEC). Spoils would be held on site by a silt fence behind the berm of the dike. 11. ANTICIPATED IMPACTS The proposed maintenance excavation of the access channel and boat basin would disturb approximately 38,160 ft2 of sandy shallow bottom within ORW and the Estuarine Waters and Public Trust Areas AECs. The proposed maintenance dredging in this application appears to extend beyond the original authorized dredge footprint within Outstanding Resource Waters (ORW) disturbing approximately an additional 6,060 ftz outside the previously approved access channel. The area to be dredged appears to have filled in with sand from the inlet directly across the AIWW. There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak biological activity, no long-term adverse impacts are anticipated. Submitted by: Tyler McGuire Date: December 31, 2019 Office: Wilmington LMG LAND MANAGEMENT GROUP a DAVEY# company December 12, 2019 Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Tyler, IEGEIVE i)hC 12 2019 r+ On behalf of Queens Point, LLC I would like to request a CAMA Major Permit to perform channel maintenance dredging adjacent to 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina as depicted in the attached site plan. Please find enclosed an updated Site Plan, Tax Card, Deed, Agent Authorization, Previous Permits, and Spoil Disposal Permission Letter. A $400 fee check was included in the previous permit application package. Adjacent riparian landowner notifications have been sent by certified mail and green confirmation cards will be forwarded once received. Please let me know if you have questions or need anything in addition to process this CAMA Major Permit. Sincerely, Andy Dortch Land Management Group Enclosures: As stated Cc: Queens Point, LLC RECEIVED pEC 12 �n,q www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 DCM WILMINGTON: NC 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located adjacent to 2541 Middle Sound Loop Road in the historically maintained channel that connects to the Intracoastal Waterway in Wilmington, New Hanover County. The applicant is proposing to perform maintenance dredging in the access channel by excavating accumulated sand. Previous maintenance dredging was approved in May 2007 under permit number 111-05. See Appendix B for details. Maintenance dredging of the 160' wide x 60' long basin and 952' long x 30' wide access channel to -4 MLW is requested to ensure access to the Intracoastal Waterway. The amount of spoil generated from excavation will be approximately 2,200 cubic yards. The spoil disposal location is in the vicinity of the project area. See Appendix A for details. RECEIVED DEC 12 .019 CAMA Permit Application for Major Development — December 2019 QCM WILMINGTQNr NO Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 7 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name Project Name (if applicable) Queens Point LLC 2541 Middle Sound Loop Road Applicant 1: First Name MI Last Name Kenneth NA Miller Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 300 GREEN STREET N #1750 GREENSBORO NC ZIP No. FAX No. �::�County�`Phone 27401 SA395-5680 Street Address (if different from above) City State ZIP 2541 MIDDLE SOUND LOOP ROAD WILMINGTON NC 28411 Email klemons@granvillecapitalinc.com 2. Agent/ContractorInformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy Dortch Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-0001 ext. ext. FAX No. Contractor# Street Address (if different from above) City Stale ZIP Email adortch(a)Imarouo net; pfnchnd.lmarouo.net CAMA Permit Application for Major Development —December 2019 RECEIVED 2541 Middle Sound Loop Road 1 2 2��9 Wilmington, New Hanover County, North Carolina OF(. 1 17CM WILMINGTON, NG 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 2541 Middle Sound Loop Road NA Subdivision Name City State Zip Wilmington NC 28411 Phone No. Lot No.(s) (if many, attach additional page with list) 336-217-4152 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Channel to Howe 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 Howe 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. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,167' 543,966 (12.5 acres) c. Size of individual lot(s) 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) 0-22 ®NHW or ❑ NWL e. Vegetation on tract Oaks, pines, wax myrtle, upland grasses and shrubs, coastal wetlands. f. Man-made features and uses now on tract House, garage, driveway, dock facility. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential single family dwellings. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20S (Attach zoning compliance certificate, if applicable) ®Yes [--]No ❑NA j. 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 — December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED DCM WILMINGT004r. m. (i) Are there wetlands on the site? ®Yes LINO (ii) Are there coastal wetlands on the site? ®Yes LINO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal sewer system. o. Describe existing drinking water supply source. Groundwater well. p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. WII the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide boating access to Howe Creek and AIWW. 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 to be deposited on spoil disposal island. d. List all development activities you propose. Maintenance of channel to Howe Creek and AIWW. 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? 20,000 ®Sq.Ft 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 stonnwater be discharged into a wetland? -No new discharges []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. CAMA Permit Application for Major Development — December 2019 ra w 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina ULL " '122 019 ow WII-MINGTAN, SIC 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) — (1) 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 BALDWIN CAROLINA ANITA Phone No. NA Address 2519 MIDDLE SOUND LOOP ROAD, WILMINGTON, INC 28411 Name JML WILMINGTON LLC Phone No. NA Address PO BOX 1139, WALLACE, INC 28466 Name Phone No. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. CAMA major permit number 111-05, Queens Point LLC 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 only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/12/ 19 Pri ame. nd Dortch A ent Land Mana ement Grou Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED LAMA Permit Application for Major Development — December 2019 2541 Middle Sound Loop Road L -' " 2 200 Wilmington, New Hanover County, North Carolina 4 UGM WILMINGTGN,NO 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater shoreline NWL) stabilization) 952 Length 60' Width 30' 160' Avg. Existing Depth 2 1' mlw -3.0' mlw NA NA Final Project Depth 4.0' mlw 4.0' mlw NA NA 1. EXCAVATION El This section not applicable a. Amount of material to be excavated from cubic yards. -2,200 cubic yards. or NWL in b. Type of material to be Silty sand. C. (i) Does the area to be excavated include 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 OWL ®None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Northeast New Hanover Conservancy spoil island. Map attached. 200'x100' C. (1) Do you claim title to disposal area? ❑Yes NNo ❑NA (ii) If no, attach a letter granting permission from the owner. ATTACHED. 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 ❑SS ❑WL _ NNone (III Describe the purpose of disposal in these areas: To spread on available upland. d. (i) Will a disposal area be available for future maintenance? NYes ❑No DNA (ii) If yes, where? Same location. f. (i) Does the disposal include any area in the water? ❑Yes NNo DNA (ii) If yes, how much water area is affected? RECEIVED CAMA Permit Application for Major Development - December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina DCM wIl_MING;AN, No 3, SHORELINE STABILIZATION ®This section not applicable (It development is a wood groin, use MP-4 — Structures) a. TVDe of shoreline stabilizatinn ti ❑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: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑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 ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), n yes, suuniergea aquatic vegetation (JAV), snell bottom (58), 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. (iv) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill ❑WL ❑None (ii) Describe the purpose of the fill in these areas: NA 15. 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 initial event. c. (i) WII navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 12/12/2019 Project Name 2541 Middle Sound Loop Road Applicant Name Kenneth Miller, Queens Point LLC Andy Dortch, Agent, Land Management Group RECEIVED DEC 12 _019 CAMA Permit Application for Major Development — December 2019 2541 Middle Sound Loop Road DCM WILMINGTON, NO Wilmington, New Hanover County, North Carolina 6 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Andy Dortch c/o Land Management Group, Inc. 3085 Wrightsville Ave., Suite 15 Wilmington, NC 28403 NORTH CAROLINA Environmental Quality December 31, 2019 RE: CAMA Major Permit Application Queens Point, LLC. 2541 Middle Sound Loop Road, Wilmington, New Hanover County Dear Mr. Andy Dortch, The Division of Coastal Management hereby acknowledges receipt of your application on November 6, 2019, acting as agent for Queens Point, LLC. c/o Kenneth Miller, for State approval for major development located at 2541 Middle Sound Loop Road, in Wilmington, New Hanover County, adjacent to the Atlantic Intracoastal Waterway. The application was accepted as complete on December 30, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 15, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from December 30, 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-I 19(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„ Tyleuir Environmental Specialist cc: Gregg Bodnar & Jonathan Howell, DCM Robb Mairs, DWR USACE Linda Painter, LPO Queens Point, LLC. c/o Kenneth Miller, Applicant DEQ� 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 rqvp1 MR T 1 �r F- �LL w 13 a w U W 0 C U U Z W 52 L 0 U 3i O J W m u cc Q LLJ ZLL OLL UO J ~ Q CC H CC Ww W J Q OU 0O �W o� !9E am 0 ro to w N T M M 0 t. !_INA Envc�rivca rol Qualit}' January 6, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Queens Point LLC / New Hanover County ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direclor, Division ofCoasiol Management Hello Angie: Please publish the attached Notice in the Thursday, January 9, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. 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. (port & Customer Assistance cc: MHC file Gregg Bodnar - WiRO USACE Stale 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- I I9(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 30, 2019, Queens Point, LLCproposed to perform maintenance excavation of channel to Howe Creek & AIWW at 2541 Middle Sound Loop Rd., adjacent to AIWW/Howe Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tyler McGuire, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 30, 2020 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 Name of Property Owner Requesting Permit: Queens Point, LLC Mailing Address: Phone Number: Email Address: ,00 N. Gr'eenQ SiL• �Ste 1750 (-Arcen,st,oro, Nc- `2;?Y0 33L- all- W5'2- <<-mrIIt( Q-ArAny(fie LTVr4-^ /nc.,coati I certify that I have authorized Land Management Group Agent. to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: channel maintenance dredging at my property located at 2541 Middle Sound Loop Road, Wilmington NC 28411 in New Hanover County. Y 1 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 0� r forma ' Signature, 1Lenn4k D. Millet" Print or Type Name jM esa.�( Title l0 1 E l l9 Date This certification is valid through 12 131 12020 'RECEIVED DEC 12 2019 DCM WILMINGTON, NC MacPherson, Tara From: MacPherson, Tara Sent: Monday; December 2, 2019 11`:06 AM To: Finch, Greg Cc: McGuire, Tyler D; Andy Dortch; Pietila, Tanya K Subject: RE: [External] Re: Queens Point Hi Greg, Please see the correspondence below regarding the Queens Point, LLC application. RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED Queens Point, LLC 2541 Middle Sound Loop Rd. New Hanover County We originally accepted your application on November 21, 2019 under the impression it was complete. On subsequent review, I have discovered that it lacks certain necessary information. Accordingly, I am requesting you to submit additional information to this office. The reasons for adjudging the application to be incomplete are as follows: 1). The alignment of the proposed access channel maintenance dredging is NOT consistent with the referenced previously permitted channel within ORW waters. 2). In order to process this application for maintenance dredging please provide an updated application, with adjacent property notifications, for the approved alignment as authorized by State Permit No. 111.05. In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed while the application has remained in our office. Accordingly, upon resubmission of a complete application, a decision will be made within 150 days, provided this period is not extended as provided by law. Thank you, Tara Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macoherson(d,)ncdenr.00v 127 Cardinal Drive Ext Wilmington, NC 28405 MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: Tuesday, November 26, 2019 12:23 PM To: MacPherson, Tara Cc: McGuire, Tyler D; Andy Dortch Subject: Re: [External] Re: Queens Point - • Do not click links or open attachments unless you verity. Send all suspic OK. We'll update the alignment on our end then, would like the add the 60' width by the dock too. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Tue, Nov 26, 2019 at 12:17 PM MacPherson, Tara <tara.macpherson @ncdenr.gov> wrote: Attached. The drawings were in MHC. They were referenced as received by MHC so I'm not surprised they were not in the file. I had to go and get them pulled. This should help. Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macohersonCoMcdenr oov 4LMG LAND MANAGEMENT GROUP a DALMA, company December 11, 2019 BALDWIN CAROLINA ANITA 2519 MIDDLE SOUND LOOP ROAD WILMINGTON, NC 28411 To Whom It May Concern: Queens Point, LLC is applying for a CAMA Major Permit on their property located at 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve maintenance dredging of the adjacent channel as depicted on the enclosed Plan View drawing. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@lm¢rouo.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures RECEIVED www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 12 2019 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DAVEY#. company December 11, 2019 1ML WILMINGTON LLC 2565 MIDDLE SOUND LOOP ROAD WILMINGTON, NC 28411 To Whom It May Concern: Queens Point, LLC is applying for a CAMA Major Permit on their property located at 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve maintenance dredging of the adjacent channel as depicted on the enclosed Plan View drawing. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@lmgroup.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures RECEIVED wwwArngroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 12 2019 UCJM WILMINGTON, NC Domestic 0 Npufra �12H m .. 3 r-3 OedifiedMa Fee $3 50 0406 M a $ 25 Extra Services a Feas(d aa, aCdlaeaaemrmMEy ❑naea,q pt Q�vampy) E YV.W 0 ❑neaanneeelpt(ekcboak) S Postmark p ❑carmen Men RM eao wary E to -no Here O pnoarcslaneta. neamea E_410.00 _ paauttsgn.rare Pe&dcten ceWery E O Postage $1.75 12/11/2019 Postage and F IT.05 mTotal : -0 Sent To o (::w o: 0(— 7( I N .. a CemadmaliFee $3.50 0406 m Er $ Flo25 Wra Sarvlces& Voss td sbo, Bootee% plur rq ❑neWnnempt Quutlwyy) S . ❑Raton neoelPt (elechonk) S Postmark O O ❑caanad Mall ReeMtletlwKl s to 00 Here C3 pMMtal9natereReeavetl E-0.99- ❑OGiRSIgraw. nealMan away S o Postage $1.75 mTotal 12/11/2014 Postage and .05 t m sentTo �a; era-- ----------- ----- - --- - �-------------- RECEIVED DFC 12 " l DCM WILMINGTON, NC McGuire, Tyler D From: Dortch, Andy <adortch@lmgroup.net> Sent: Monday, December 30, 2019 9:41 AM To: McGuire, Tyler D Cc: MacPherson, Tara; Finch, Greg; Pietila, Tanya K Subject: Re: [External] Re: Queens Point Attachments: Green Confirmation Cards.pdf Greetings everyone, attached are the green confirmation cards for the revised Queens Point application. Let me know if you need any additional information to accept this application as complete. If complete and accepted, please let me know which date you will honor for the application date. thank you Andy Dortch I Environmental Scientist — Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a COLMA company On Thu, Dec 19, 2019 at 10:59 AM Dortch, Andy <adortch cr lmgroup.net> wrote: I suspect they are currently in the mail. Will forward to you once received. I'm leaving in a few minutes and won't be back in the office until maybe late next week, just FYI. thank you Andy Dortch I Environmental Scientist — Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a MI6Y#— company RECEIVED On Thu, Dec 19, 2019 at 10:51 AM McGuire, Tyler D <Tyler.McGuire c ncdenngov> wrote DEC 3 0 2019 Hey Andy, DCM WILMINGTON, NC .z r Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: _- M L V)I�`i,o, � D', U c eld) "n\c 2a�1i� IIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111111 9590 9402 5045 9092 920414 2. Article Number!lianaibr fin* m k. dalwl _- 7018 3090 0001 9313 0159 PS Form 3811, July 2015 PSN 7630-62400-1?m II Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. U ❑ Agent B. Wcepo by r&jpd Name) I C. Data of Delivery I). Isrdc4ivary, address different it= Item 17 U Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Prkw4 Mall Express® 17 Adult Sllyature ❑ Registered MaITM ❑ Adult Signature Restricted Delivery ❑ CertMkd Mells, ❑ Ur Mal Restricted ❑ Certified Mal resided Delivery ❑ Rolum RecoNtfor El Collect out Del" MarchallNse ❑ CWect w Delivery Restricted Do" ❑Slgnnhxe Confirmet1mTa ❑ Inefeed iAall ❑ Sigoalwe CmEnalion ❑ Ineumd Mel Restricted Delivery Restricted Delivery (amr i5ee) Domestlo Return Receipt I COMPLETE 1 B eM l l DEUVEnY A. u r C A t s3ea . Received try ntedlYar�7 C. Date of Delivery ,. wrroie\\rwaresaeo /w1: D. 3a\aw;n I.AtO\tt�, �n;�a Lave IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 5045 9092 9203 84 _ 7018 3090 0001 9313 0142 0 PS Form 3811, July 2015 PSN 7530-02.000-6053 below: ❑ No type ❑ Priority Mall Expresee Edure ❑ Registered Mallw s hire Restricted Deli very ❑ Mail Restricted Tel® t»tryd 1el Restricted Delivery ❑ Rus.xn Reoelpt for Dellvmy Madd,andlce Delivery Restricted Delvery Cl Signnime Conflrmatilmw di ❑ Slgnaf na Cenfirmaticn at Restricted Delvery, Restricted Delivery DonrestIc Return Receipt DEC 3 0 2019 DCM WILMINGTON, NC McGuire, Tyler D From: Dortch, Andy <adortch@Imgroup.net> Sent: Thursday, January 2, 2020 1:26 PM „ To: McGuire, Tyler D Cc: MacPherson, Tara; Finch, Greg; Pietila, Tanya K Subject: Re: [External] Re: Queens Point Categories: CAMA NAVD 88, which is 2.54' above MLW on our survey. thanks Andy Dortch I Environmental Scientist - Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a DAMA company On Thu, Jan 2, 2020 at 12:54 PM McGuire, Tyler D <Ty1er.McGuire(t�ncdenrov> wrote: 1-01-1 1 understand this, but I need the tidal datum number. Thanks! �W Environmental Specialist Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington. NC 28405 (910) 796 - 7424 Tyler.McGuire(a',ncdenr.aov 1 RECEIVED POM WILMINGTON, NC JAN 0 2 2020 OZOZ 9 0 Ndr ON 'N0i!DNIIN1lM W00 TAilT i of= Q. CAMA and DREDGE AND FILL G E N E R A L PERMIT as authorized by the State of North Carolina 27390 -.� Department of Environment and Natural Resources and the Coastal Resources Commission — in an area of environmental concern pursuant to 15 NCAC t`P , I » on i JEO.Aj FyL, N Applicant Name "s'<, 17a, rr 1 L1t 1, A R C H-t c- ,; Phone Number ---I ip �43 CY�G Address f Yl, i 1ci i Qp R'D )�'o City Project Location (County, State Road, Water Body, etc.) State �, l C zip 2 5(•-I I 1 Y"1i1.t t a IF �.iFt iJ r T" rf�1Ys If° C� Type of Project Activity i? h- PROJECT DESCRIPTION SKETCH (SCALE- Fier (dock)Leng th Groin Length number Bulkhead Length max. distance offshore " Basin, channel dimensions _ r i w.. 1 _ ;• .,Y cubic yards Boat ramp dimensions Other This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms applicant's signature may subject the permittee to a fine, imprisonment or civil action; and j may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- permit officer's signature ficer when the project is inspected for compliance. The applicant certi- ( T j DEC F-1 2t''. tl_-7 — 0 , flies by signing this permit that 1) this project is consistent with the local issuing date expiration date land use plan and all local ordinances, and 2) a written statement has j "� W�MWC,TON' ". been obtained from adjacent riparian landowners certifying that they Gq have no objections to the proposed work, attachments In issuing this permit the State of North Carolina certifies that this project `; "S ., -I is consistent with the North Carolina Coastal Management Program, application fee CAM1A and DREDGE AND FILL G E N E R A L PERMIT 273 as authorized by the State of North Carolina Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC 7H 1 100 {� ; � U 6C�) 12yyr, y Applicant Name Gl t�e,a s �t r. T- LLC �l� Ntac.t,'iTr: A- Phone Number olio 3 (-3 CG( 0 Address City Project Location (County, State Road, Water Body, etc.) Type of Project Activity State iv C Zip PROJECT DESCRIPTION SKETCH Pier (dock) Length Groin Lengthj»- number Bulkhead Length " yt s 0 L F _.t (SCALE: N ) max. distance offshore aC Basin, channel dimensions I DDL I" cubic yards j mm 't ._..f� ^m}�„ .m.m.p_.. 1 y_. r Boat ramp dimensions 1 •y C ; Other ( TZ 1 This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. r, applicant's signature permit officer's signature C_x kjis 0 ji { issuing date ^I�MINr.7' y„rlg`��date attachments application fee Permit Class Permit Number NEW 111-OS STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or frying pursuant to NCGS 113-229 Issued to Queens Point LLC., Suite 2050, 300 N. Greene St. Greensboro NC 27401 Authorizing development in New Hanover County at AIWW and Howe Creek at 2535 Middle Sound Loop Rd near Wilmington , as requested in the permittee's application dated 5/14/03 (MP-1 and MP-4), including attached workplan drawings (3) 5 and 6A of 9 dated 7/03 and 8 of 9 dated revised 5/19/03 This permit, issued on June 28. 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. I) In accordance with Policy 4. 10 of the Wilmington — New Hanover County Land Use Plan, which prohibits new dredging activities in outstanding resource waters such as Howe Creek, the proposed dredging of the 60' x 160' basin and 750' x 30' access channel is not authorized, and all references to this dredging is hereby deleted from the attached workplan drawings and permit application. Docking Facilitv Expansion �) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence/of the permitted structure. i (See attached sheets for Additional Conditions) I ins permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel [then the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Manal ement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. �r1�' Charle VoDector Division of Coasta Management n 12 2019 This permit and its conditions are hereby e ted. pp.MWILMINQTPNI 14P Signature of Pemtittee Queens Point, LLC Permit #111-05 Page 2 of 3 . ADDITIONAL CONDITIONS 3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of ,the structure and the adjacent property .owner's riparian 'access -corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. >) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Y) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the t)nited States in the public interest. )) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent retlecturs shall be attached to the structure in order to�make it more visible during hours of darkness or inclement weather. 10) This permit authorizes a maximum of four new boat slips, in addition to the m o existing slips. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the expanded docking facility. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or th ited States liable for any damage to the structure or moored boats. CEIVED Recem 'RECEIVED DEC 12 2010 OF DEC 12 pCM WILMINGTOi, "M WILMINGTpN, No ygMINCaTAN, NO Queens Point, LLC Permit #111-05 Page 3 of 3 ADDITIONAL CONDITIONS General 11) The permitte& understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United; States or the state of North Carolina.' No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to initiation of construction. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 050240), which wA issued on 3/23/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500360. RECEIVED DEC 12 Z019 DOM WILMINGTQN, NO .. .... : . .. .. ..........v..ivW.:/.... ,. __'......>.-..-_:.,1.:.-.W::�:.;.tax-axx.�»o.». Permit Class Permit Number MODIFICATION/NIINOR 111-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVED and DCM WILMINGTON V- Coastal Resources Commission vermit Ufa 1 4 200' for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Queens Point LLC., Suite 2050 300 N. Greene St Greensboro NC 27401 Authorizing development in New Hanover _County at A1WW and Bowe Creek at 2535 Middle Sound .Holz Rd near Wilmington, as requested in the permittee's letter dated 9/14/06 includingthe e attached workolan drawings (5) all dated "received Morehead City 2nlo5" This permit, issued on May 10, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below, Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between April 1 and Sept. 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set forth in the attached workplan drawings. Any proposal to change the area to be dredged shall require permit modification. 3) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2003 RECEIVED In issuing this permit, the State of North Carolina agrees DEC 12 2019 that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Queens Point, LLC Permit # 111.05 Page 2 of 3 ADDITIONAL CONDITIONS 4) No excavation shall take place within 10 feet of any coastal wetlandPCM�WIL h; 5) No vegetated wetlands shall be excavated or filled. ;I rL ! NC U MAY 1 4 Z007 6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The permittee,s contractor is advised to conta to discuss operations and apprct the U.S. Coast Guard at (910) 815-4895, ext. 10opriate lighting, markers, etc. for all dredge equipment. 8 Shellfishin_ a Closure 7) If discharges of dredged or fill materials from waters closed to the harvest of shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24-hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest f shellfish may be put in place. Spoil Disposal 8) All excavated materials shall be confined to the area on the attached workplan drawing behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal low water level to prevent gully erosion and unnecessary siltation. 10) The tern-inal end of the pipeline shall be positioned at or greater than 50 feet from an and a maximum distance from spillways to allow settlement of suspended sediments. y part of the duce 11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 12) The diked disposal area shall be constructed a sufficient distance from the mean high water level or an marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Y ea and 13) The t restrain erosion eoisposal sion within disturbed0 work ng days ofll be p Project Properlygradedand provided a ground cover sufficient Native Commitments 14) Any mitigative measures or environmental commitments specifically made by the a Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed b applicant in the modifications. Y individual conditions of the modification and any subsequent DECEIVED DEC 12 2019 .A Queens Point, LLC Permit # 111.05 RECEIVED e3of3 CM �PJ'LbAIN T� ` N7g General 15) This modification shall be attached to the original of Permit No. If 1-05, which was issued on 6/28/05, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force under this minor modification, unless altered herein. NOTE: This modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require additional modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. RECEIVED DEC 12 2019 nr nn ON NOIDNIWIN WOQ a3AI303a am r Lu v • �— Morehead City, ' O o y 0 ,O y O C 0 N U u a m N J if U(D co c y a 09 N `�LMAN o rn o U y mo t O J Y 7 p) N O 0 C O C �2'ao'iu m c OO w E o o .k c m _ d 3 N v E2�E C z O Tm C W 0 Z ON 'NOIE)NIWIIM WOO 610Z Z t 330 (33A13038 Morehead City DCM DIVISION OF COASTAL MANAGEMENT r� M C � o o, E o co, N I ,m o 0) W J 0) � U � (D L (D U) W O d i 2 I a U N N N 11 II Q � Y S o � Z o Y c ++ G N O e V O E N m N m A E c � G _ aDi m mcB E N C w a aci o m �g �I E V c a m o � a mc o L c m o- O U 0 m a a m rn y W N v O u m io d m O a o E E o 0 m 0 7E i a a oU o� c o a� c CU 2 c 3 c Z c 10/18/2019 The Davey Tree Expert Company Mail - Fwd: Queen's Point Maintenance Dredging DAVEY1 Dortch, Andy <adortch@lmgroup.net> Fwd: Queen's Point Maintenance Dredging 1 message Finch, Greg <gfinch@lmgroup.net> To: Andy Dortch <adortch@lmgroup.net> Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net ---------- Forwarded message --------- From: Adam Knierim <adamknierim@gmail.com> Date: Mon, Oct 7, 2019 at 1:46 PM Subject: Fwd: Queen's Point Maintenance Dredging To: <gfnch@lmgroup.net> Adam C. Knierim, M.S. President Maritech, LLC 108 Circle Drive Hampstead, NC 28443 Mobile - (910) 297-7710 Office - (910) 270-4058 Begin forwarded message: From: bushardt <bushardt@bellsouth.net> Date: October 7, 2019 at 1:08:21 PM EDT To: Adam Knierim <adamknierim@gmail.com> Subject: Re: Queen's Point Maintenance Dredging Mon, Oct 7, 2019 at 1:51 PM Adam, RECEIVED We give you permission to use our spoil island. DEC 12 2019 Paula Bushardt President NENHC DCM WILMINGTON, NC On Monday, October 7, 2019, 09:42:43 AM EDT, Adam Knierim <adamknierim@gmail.com> wrote: Paula, Hope all is well. I am writing to request authorization for disposal site use in association with the Queen's Point Maintenance Dredging Project. Specifically, we are requesting a onetime authorization for placement of dredge spoil derived from the Queen's Point site located at Howe Creek. As with past requests, an emailed response granting authorization will suffice for permitting purposes. Thanks again and have a great week. https:llmail.google.com/mail/u/0?ik=a4bf7a7829&view=pt&search=all&permthid=thread-f / 3Al646757883651154358&simpl=msg-f%n3Al6467578836... 1 /2 10/18/2019 The Davey Tree Expert Company Mail - Fwd: Queen's Point Maintenance Dredging Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270,4058 field 910.297,7710 fax 910.270.4058 DECEIVED DEC 12 2019 DCM WILMINGTON, NC https://mail.google.com/mail/u/0?ik=a4bf7a7829&view=pt&search=all&permthid=thread-N%3A1646767883651154358&simpl=msg-f % 3Al 6467578836... 212 I d471 Milne W,fA rl- lyof"vi l-J v-vLc,, Y101-SVkWjYk - TM %2(31 f' nV l CUT AREA BASIN MAINTENAN DRED( �0 I p_ BOUNDARI (960' WIDT 60' ACCESS CHANNEL MAINTENANCE 0 DREDGE BOUNDARY (30' WIDTH) onzom i 0 'I ACCESS CHANNEL - Q MAINTENANCE DREDGE i BOUNDARY (30' WIDTH) CUT AREA �/1 EXISTING PRIMARY ACCESSWAY ;! MARITECH Approximately 170' within USACE Easement Area ,' % EXISTING SECONDARY ACCESSWAY ! rr v i / �t0y C+ e USACE DA 228 PROPOSED AREA OF DISPOSAL Private Property — Northeast New Hanover Conservancy Approximate Area - 200' x 100' I i Google Earth, N 500 It - NORTH CAROLINA Environmental Quality January 6, 2020 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 & Fill Application Review Applicant: Queens Point, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. 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 January 30, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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 7/1/2019 New Hanover County Noma Property Rotoi ds NHC Tax Home Register of Deeds Tn. PARID: R05200-002-012-001 QUEENS POINT LLC Sales Residential Parcel Commercial Misc. Improvements Permits Land Values Agricultural Sketch Full Legal Exemptions Sub-parcel(s)Info Original Parcel Info Parcel Map 2641 MIDDLE SOUND LOOP RD ton A)t ID 316815.63.6926.000 Address 2641 MIDDLE SOUND LOOP RD Unit City WILMINGTON Zip Code Neighborhood E4S01 Class RES-Residential Land Use Code 10-1 Fam Res Living Units 1 Acres Zoning R-20S-RESIDENTIAL DISTRICT Legal Legal Description ( 3.20 ACRES) 1 QUEENS POINT Tax District FD Owners (On Januaryl at) Omer QUEENS POINT LLC City GREENSBORO State NC Country Zip 27401 THE DATA IS FROM 2019 Location OGoogle Map Contact Us Site Links 230 Government Center Drive, Suite 190 V phone: (910) 798-7300 NHC Tax Home Wilmington, NC 28403 Register of Deeds IOVY��9h( 2915 by New Hanpver County. Nnrth Cmuhna I Last Updated 30/JUO,2019 I P,, ,,Pd by ia9 ill Ribh. A¢e;s Actions ® Printable Version ® Custom Report Builder Reports Residential PRC Commercial PRC Go Links Sales Verification Form Property Owner Questennaire CONTACTUS I RECEIVED DEC 12 319 QCM WILMINGTON, NC Mips:/letax.nhogov.com/pUDatalets/Datalet.aspx?UseSearch=no&pin=RO5200-002-012-001&jui--NH&taxyr-2019 ill Tax ID No R05200-002-012-001 R05200-002-013-000 FOR REGr6TRRTION REGISTER OF DEEDS NEW BHANOVER COUNTY SK 22861JPG 89012 19 17 PM NC REVENUE 993STAMFEE $12 00 INSTRUMENT # 200100039g590 00 This instrument drafted by Hogue, Hill, Jones, Nash & Lynch, L L P After recording, mail to 300 North Greene Street, Ste 2050, Greensboro, NC 27401 STATE OF NORTH CAROLINA DEED COUNTY OF NEW HANOVER This deed made thisz"day of December, 2000 by Pauline Mebane Endo and husband Shun Endo of Franklin County, State of Ohio ("Grantors") to Queens Point, LLC, a North Carolina Limited Liability Company ("Grantee"), with an address of 300 North Greene Street, Suite 2050, Greensboro, NC 27401 WITNESSETH That the said Grantors, in consideration of one hundred dollars and other good and valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell and convey unto said Grantee and, its successors and assigns, a tract or a parcel of land in the County of New Hanover, and State of North Carolina, in Harnett Township, and described as follows, namely Tract 1: BEGINNING at a point in the centerline of a paved drive, South 87 deg 18 nun West 81 7 feet, South 42 deg 13 min. East 143 7 feet, South 12 deg 40 min East 176 8 feet, South 45 deg 57 min East 233 2 feet and South 23 deg 48 min East 339 05 feet from a nail at the intersection of the centerline of the Middle Sound Loop Road (S R 1403), with the centerline of a 15-inch concrete culvert under said road, said culvert being 2 2 miles southeastwardly from the intersection of said Middle Sound Loop Road with U S Highway 17 at Ogden Place, running thence from said beginning point, South 46 deg 38 min West 316 85 feet to a concrete monument, continuing thence same course South 46 deg 38 min West 50 2 feet, more or less, to the high water mark of Barren Inlet Creek, running thence with the high water mark of Barren Inlet Creek, and with the high water mark of Middle Sound, Southeastwardly and Northeastwardly to a point South 81 deg 41 min West 130 76 feet from an iron pipe in the run of Spring Branch, said point being South 63 deg 32 min East 228 43 feet from the beginning point of this herein described tract of land, said iron pipe marking the southeastern corner of Tract #2, as shown on the map of Queens Point, as recorded in Map Book 2 at Page 77, of the New Hanover County Registry, running thence Northwestwardly up said Spnng Branch 300 feet, more or less, to a point bearing North 46 deg 38 min East from the beginning point of this herein described tract of land, running thence South 46 deg 38 mm West 15 feet, more or less, to a concrete monument, continuing thence the same course South 46 deg 38 min West 46 43 feet more or less, to the point of Beginning, containing 3 2 acres, more or less, and being a part of the eastern portion of Tract #1, Queens Point Subdivision, as recorded in Map Book 2, at Page 77 of the New Hanover County Registry RECEIVED RETURNEDTO k-' a Pa^n--I:yI I)EC 12 2019 17CM WII-MINGTON, NC This is the very same property conveyed by Pauline E Mebane, Widow to Pauline M Endo by deed dated April 1, 1978 and recorded in Deed Book 1128, Page 1249 of the New Hanover County Registry of Deeds Tract 11: All right, title and interest of the Grantor in and to all highland and marsh lying below the high water line of Barren Inlet Creek and Middle Sound lying westerly of the right of way of the U S Intracoastal Waterway and North of the run of Barren Inlet Creek and appurtenant to and adjoining that Tract conveyed by the Grantor to Pauline M Endo by deed recorded in Book 1128 at Page 1249 of the New Hanover County Registry and bounded on the North by an extension of the Grantee's present Northwestern boundary line to the run of Barren Inlet Creek This is the very same property conveyed by Pauline E Mebane to Pauline Mebane Endo by deed dated January 21, 1987 and recorded in Deed Book 1367, Page 0343 of the New Hanover County Registry of Deeds To have and to hold the aforesaid tracts of parcels of land and all privileges and appurtenances thereunto belonging to the said Grantee and its successors and assigns forever Pauline Mebane Endo one of the Grantors doth covenant that she is seized of said premises in fee and has the right to convey the same in fee simple, that the same are free from encumbrances, and that she will warrant and defend the said title to the same against the claims of all persons whomsoever, except for the following 1 The lien of 2001 real property ad valorem taxes due to the County of New Hanover, 2 Title to any portion of the above described tract that lies below the high water line of any waters that ebb and flow with the rise and fall of the tides 3 Any matters that would be revealed by an accurate survey of the property by a registered land surveyor, 4 All County, State and Federal laws, regulations and ordinances affecting the use, development and enjoyment of the property 5 Any rights of way and easements recorded in the New Hanover County Registry that may cross portions of the above described tracts In Testimony Whereof, the said Grantors have hereunto set their hand and seal, on the day and year first above written RECEIVED DEC 12 Z019 DCM WILMINGTON, NC ;Pk , � %fit s^ a49 (SEAL) Pauline Mebane Endo zwdo�= (SEAL) Shun Endo STATE OF OHIO COUNTY OF FRANKLIN I, a Notary Public of the County and State aforesaid, certify that Pauline Mebane Endo and Husband Shun Endo, Grantors personally appeared before me this day and acknowledged the exec of the foregoing instrument Witness my hand and official stamp or seal thisz�day of , 2000 tary ubl on J. Little ' l . My Commission Expires 7J % %i (SEAL) cJ Record of Poor Quality Due To : Y; % ,�', ia.� won of Original Document - off;14. - o QS.161.14 l t RECEIVED DEC 12 2019 DCM WILMINGTON, NC REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 X1111*RRYRf Rffilk*iRlRYf1RX4R**Rtf kRfflfl*fYh4fltiffifhi*Y*RRRfRRR*YRRf*kRf#4*RRR441k Ri fRYYRR#Ri#1hf iRR RRRi IRf IRii Rf Ri#f Filed For Registration: Book: Document No: NC REAL ESTATE EXCISE TAX - Recorder 01/04/2001 12:19:17 PM RE 2861 Page. 990-993 2001000398 DEED 4 PGS $12 00 $5,580.00 PATRICIA BARNES RR;4;fRifflR;lk#1f R1RYRffYY*41;R*;R;R*RRYffRRf1RY*;;lR#*RR**;flflk;If Rf Ytf;*R1R*R*RfR1k*R4RRiRf; Rf if 4R41f*Yf R1 kRRRRhf;1R Stale of North Carolina, County of New Hanover The foregoing certificate of JASON J LITTLE Notaryfie to be correcp7This 4TH of January 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By. Deputy/Aestalant Reg ster of Deeds RYi#fYf If YY#YY##Rif RRf Yi###fifYffYh RilfY#f}Rf#4#ii Rf YfY k##fifR#if RYRRRfftf}R}YRRYf144i#R#;Yf#kRi #1f Yf Y#ffiflff YfYf lR#1f; *2001000398* 2001000398 RECEIVED DEC 12 2019 DCM WILMINGTON, NC Major Permit Fee Schedule IrA \�I \Sltq Project Name: au v--c -'qs f ©t NT 1,t- C County: ljg�w HANwinR_ Check No & Amount: $► ► (n ►'% A-q-00 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 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 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 review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If eneral Water Quality $400 60% ($240) 40% ($160) Certificate o. 4175 cannot be apple IV. Development that involves the filling and/or excavation of more than one acre 5 60% ($285) 40% ($190) of wetlands and/or open water areas: