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HomeMy WebLinkAbout20200151 Ver 1_CAMA Application_202001272. 4. A A DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Deerbrook, LLC. c/o Mark Maynard LOCATION OF PROJECT SITE: 418/419 Summer Rest Rd, New Hanover County adjacent to AIWW LATITUDE: 34' 13' 24.25" N LONGITUDE: 77° 48' 39.05" W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date of Site Visit: January 17, 2020 Applicant/Agent Present: NO PROCESSING PROCEDURE: Application Received: December 5, 2019 Application Completed: January 23, 2020 Office: Wilmington SITE DESCRIPTION: (A) Local Land Use Plan: Wilmington - New Hanover County Joint CAMA Plan 2006 Update Land Classification From LUP: Residential (R-20) / Conservation (B) AEC(s) Involved: ES, PTS, CW, EW & PTA Water Dependent: YES (C) Intended Use: Commercial Docking Facility (D) Wastewater Treatment: Existing — Municipal Planned — N/A (E) Type of Structures: Existing — Single Family Residence Planned — Pier, L-Head Deck, Gazebos, Floating Docks, Boatlifts (F) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED IMPACTS (A) Uplands N/A N/A 36 ft2 (Shaded) (B) Vegetated Wetlands N/A N/A 3,690 ft2 (Shaded) (C) Open Water N/A N/A 2,547 ft2 (Incorporated) (D) Total Area Disturbed: 6,273 ft2 (0.14 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA; HQW (G) Shellfish Harvesting Open: NO (Closed) 8. PROJECT SUMMARY: The applicant proposes to construct an 8 boatslip commercial docking facility within the Atlantic Intracoastal Waterway. Deerbrook, LLC. c/o Mark Maynard Page 2 9. PROJECT DESCRIPTION The project site is located at 418/419 Summer Rest Road in Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW). To locate the property travel east on Eastwood Road (US Hwy 74) from Military Cut -Off Road (US Hwy 17) for approximately 1 mile towards Wrightsville Beach. Before crossing the drawbridge turn left onto Summer Rest Road and the destination will be at the end of the road on your right. The applicant currently maintains a single-family residence on the left side of the road at 419 Summer Rest Road. That parcel extends across the road and provides access to 418 summer rest road, which has riparian rights. The property is adjacent to residential properties to the west and a private docking facility to the south. A vacant lot is located to the north with the AIWW to the east. The lot is approximately 2.13 acres and has an average elevation of 6' above normal high water (NHW). The project site has approximately 140 linear feet of shoreline frontage stabilized by natural vegetation. Highground vegetation consists of shrubs, trees, and lawn grasses. At the transition from highground to wetlands, 404 Wetlands are present including Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), and Wax Myrtle (Myrica cerifera). Coastal Wetlands are present waterward of the 404 Wetland line containing Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), and Saltwort (Salicornia, spp.), before transitioning to primarily Salt Marsh Cordgrass (Spartina alterniflora). Coastal Wetlands extend approximately 500' into the waterbody from NHW. The Wilmington — New Hanover County Joint CAMA Land Use Plan 2006 Update classifies the adjacent waters and high ground area of the project site as Residential (R-20)/Conservation. The waters in the project area are classified SA/HQW by the Division of Water Resources. The waters are CLOSED to the harvest of shellfish and the area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. 10. PROPOSED PROJECT The applicant proposes to construct an 8 boatslip commercial docking facility within the Atlantic Intracoastal Waterway. A fixed access pier measuring approximately 671' x 6' would extend perpendicularly from the highground at 419 Summer Rest Road through the parcel that extends below NHW, which is 418 Summer Rest Road (see Sheet 1 of 5). The proposed fixed access pier would begin on the southern 15' Riparian Corridor Setback line extending approximately 130 linear feet before jogging to the northeast within the applicant's Riparian Corridor (see Sheet 4 of 5). The proposed fixed access pier jogs for approximately 20 linear feet then continues in a southeasterly direction for approximately 470 linear feet. The proposed fixed access pier would be at least 3' from the bottom of the deckboards to the substrate where wetlands are present. Extending south of this fixed access pier would be a proposed 14' x 14' covered fixed platform (gazebo) (see Sheet 3 of 5). A proposed fixed access finger pier measuring approximately 6' wide would connect perpendicularly to the main fixed access pier in a northern direction for approximately 31 linear feet. This fixed access finger pier would terminate into another proposed 14' x 14' covered fixed platform (gazebo). From this gazebo an access ramp would connect to the proposed 90' x 6' floating dock accommodating wet slip numbers 7 and 8. At the shallower northwest end of this floating dock would be two (2) proposed 12.5' x 12.5' uncovered boatlifts providing boatslip numbers 3 and 4. Oriented parallel and in line with the main fixed access pier would be an access ramp leading to a proposed floating dock measuring approximately 84' x 6' accommodating wet slip numbers 5 and 6. At the shallower northwest end of this floating dock would be two (2) proposed 12.5' x 12.5' uncovered boatlifts providing boatslip numbers 1 and 2. Both proposed floating docks would terminate at the U.S. Army Corps of Engineers Federal Channel Setback and would not exceed the %4 width of the waterbody. Deerbrook, LLC. c/o Mark Maynard Page 2 The 8 proposed boatslips would be located in water depths ranging from approximately -5' to -16' at mean low water (MLW) according to the application. The proposed 8-slip commercial docking facility would not encroach into either 15' Riparian Corridor Setback. 11. ANTICIPATED IMPACTS The proposed 8 boatslip commercial docking facility would impact approximately 6,273 ft2 within the Estuarine Waters & Public Trust Areas AECs. Approximately 3,726 ft2 of the proposed 8 boatslip commercial docking facility shade the Estuarine Shoreline & Public Trust Shoreline, Coastal Wetlands, and Estuarine Waters & Public Trust Areas AECs. Approximately 2,547 ft2 of the proposed 8 boatslip commercial docking facility incorporate Estuarine Waters and Public Trust Areas AECs. The proposed 8 boatslip docking facility would extend approximately 140' into the waterbody, which measures approximately 666' wide from the edges of Coastal Wetlands bordering the waterbody. The proposed 8 boatslip commercial docking facility would not exceed the U.S. Army Corps of Engineers Federal Channel Setback nor encroach into either 15' Riparian Corridor Setback. The proposed 8 boatslip commercial docking facility would meet the 8 square feet per linear foot of shoreline rule and conform to the pier length rule. Minor increases in turbidity should be expected during construction. Submitted by: Tyler McGuire Date: January 27, 2020 Office: Wilmington 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at 419 Summer Rest Road in Wilmington, New Hanover County. There is an existing single family residence located on the west side of Summer Rest Road. Work is proposed on the undeveloped east side of Summer Rest Road. LMG staff flagged Normal High Water, 404 and Coastal Wetlands on August 9, 2019. Normal High Water and Coastal Wetland lines were verified by DCM staff on August 13, 2019. A 404 wetland jurisdictional delineation package was completed and submitted to USACE on September 27, 2019. Waters in the project area are classified as SA and are not open to shellfishing. There are no SAV or shellfish resources present. 3.1.2 Proposed Action There is no upland work proposed on the waterfront lot. In order to provide Intracoastal Waterway access to the property, a 671-foot long fixed pier with 31-foot L dock is proposed. Two 14' x 14' covered fixed gazebos and two floating boat docks are also proposed. Proposed floating docks are will be 84-feet long by 6-feet wide, and 90-feet long by 6-feet wide, see Appendix A for details. Due to sufficient water depths surrounding the proposed floating docks, no dredging is proposed. RECEIVED JAN 14 2020 DCM WILMINGTON, NO Application for Major Development Permit —January 2020 419 Summer Rest Road Wilmington, New Hanover County, North Carolina 9 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Deerbrook LLC 419 Summer Rest Road Applicant 1: First Name MI Last Name Mark File Maynard Applicant 2: First Name MI Last Name n/a If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 1712 Azalea Drive Fla Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 910-612-3633 n/a Street Address (if different from above) City State ZIP NA Email jr@tributecompanies.com 2. Agent/ContractorInformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg n/a Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Fla Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/a n/a ext. Fie FAX No. Contractor # 910-452-0060 rile Street Address (if different from above) City State ZIP NA Email adortch(cit marouo.net, afinch anJmorouo.net Application for Major Development Permit — December 2019 419 Summer Rest Road Wilmington, New Hanover County, North Carolina DEC A 5 2019 pr:A� 1nn1 ne.glr^'n Al. NlC 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 418 Summer Rest Road n/a Subdivision Name City State Zip n/a Wilmington INC 28405 Phone No. Lot No.(s) (if many, attach additional page with list) n/a NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AI W W 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 AIWW 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.) 140' @ MHW 2.13 +/- acres c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6 ®NHW or ❑NWL e. Vegetation on tract Shrubs, trees and lawn grasses. I. Man-made features and uses now on tract None. The site is a vacant, cleared waterfront lot. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential homes and docking facilities; community docks and slips. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes RNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes RNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes RNo ❑NA Register listed or eligible property? RECEIVED Application for Major Development Permit — December 2019 DCMWILMINGION, 419 Summer Rest Road Wilmington, New Hanover County, North Carolina JAN2 0 .0 ZULU m. (i) Are there wetlands on the site? Eyes ❑No (ii) Are there coastal wetlands on the site? Eyes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? EYes ❑No (Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND DEVELOPMENT PROPOSED. SEE APPENDIX 8 FOR DETAILS. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct a fixed pier with two gazebos and two floating docks. The purpose of the project is to provide water access and eight boat slips to the residential property. 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. Typical dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. Construction of a fixed pier with two 14'xl4' gazebos and two floating docks that will accommodate four boat lifts and four boat slips. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ENo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ENA j. Is there any mitigation proposed? ❑Yes ENo ❑NA If yes, attach a mitigation proposal. RECEIVED JAN 14 2020 Application for Major Development Permit —January 2020 419 Summer Rest Road pCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina 3 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 certifed 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 New Hanover County Phone No. NA Address 230 Government Center Drive, Wilmington, NC 28403 Name Turner Sue M Phone No. NA Address 415 Summer Rest Road, Wilmington, NC 28405 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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: 12/4/2019 Print Name:: Andy Dortch Agent, Land Management Group Signature Wh J Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information Application for Major Development Permit —December 2019 Ur(, U 0 Culi 419 Summer Rest Road Wilmington, New Hanover County, North Carolina DCM WILMIAGTON, NC 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 fixed pier. 1 fixed L dock (iii) Length 671' : 31' (iv) Width 6 S (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 2 Gazebos (iii) Length 14' 14' IN) Width 14' : 14" (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 8 (ii) Number of slips existing None i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 2020=60' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: Ill) Number 2 floating docks (iii) Length 84_�90' (iv) Width 68' (v) Floating ®Yes ENO f. (i) Are Boatlifts included? ®Yes j3No If yes: (ii) Number 4 (iii) Length 12.5' (iv) Width 12.5' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: 4 boat lifts j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout large center console and sport fishing yachts I. (i) Will the facility be open to the general public? []Yes ®No RECEIVED JAN" 14 2020 QCM WILMINGTON, NC Application for Major Development Permit —January 2020 419 Summer Rest Road Wilmington, New Hanover County, North Carolina 5 Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. III) Give the location and number of "pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? In. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑NO o. Is the marina/docking facility proposed within or adjacent to 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 feel affected. ❑CW ❑SAV ❑SB ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Government ❑Private/Community Application for Major Development Permit — December 2019 419 Summer Rest Road DEC 0 562 019 Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit — December 2019 419 Summer Rest Road Wilmington, New Hanover County, North Carolina b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGWN, NC 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Greater than 15' on each side. 78' on southwest side. Note: For buoy or mooring piling, use arc of swing including length o/vessel. c. Width of water body —666' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. NA d. Water depth at watemard end of structure at NLW or NWL — -16' MLW existing & OTHER ®This section not applicable a. Give complete description: 12/4/2019 Daze 419 Summer Rest Road Project Name Deerbrook LLC, Mark Maynard Apphcan amc Agent, Land Management Group 1pphcant }ign=w RECEIVED DEC 0 5 2019 .autnTAAI iJf�.. Application for Major Development Permit — December 2019 419 Summer Rest Road Wilmington, New Hanover County, North Carolina ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGA14 January 27, 2019 Secretary BRAXTON C. DAVIS Director Land Management Group, Inc. c/o Andy Dortch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 RE: CAMA Major Development Permit Application Deerbrook, LLC. c/o Mark Maynard 418/419 Summer Rest Rd, Wilmington, New Hanover County Dear Mr. Andy Dortch, The Division of Coastal Management hereby acknowledges receipt of your application on December 5, 2019, acting as agent for Deerbrook, LLC. c/o Mark Maynard, for State approval for major development located at 418/419 Summer Rest Road, in New Hanover County, adjacent to the Atlantic Intracoastal Waterway. The application was accepted as complete on January 23, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 7, 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 January 23, 2020, 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 I I3A-1 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 thy: 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. Sin, Ty err McGuire Environmental Specialist cc: Gregg Bodnar, DCM USACE Jonathan Howell, DCM Robb Mairs, DWR Linda Painter, NH LPO Deerbrook, LLC. c/o Mark Maynard, Applicant D Q� North Carolina Department of Environmental Quality I DMslon of Coastal Management Wilmington Office 1127 Cardinal Drhe Extension I Wilmington North Carolina 28405 910.796.7215 O w N co Cc U Cc ® Qu s N zLL OLL O 10 J ~14 CC W LL1 0 w LL 0Q U T 1 Cro o= Now W = LL� OEM EL rr J v pp Cc 77 IL w --� 0 v 0 IL p� p. < o a �V N O e/) m �° M O c a N .0 U z v V L W C� W J %^ 0 L .. G M T v CC z C W .v r d -1 O U n vo CD L N CUCL B t> Q tr . NOR H CARODNA. Environnrervu[ QuaLt} January 27, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Deerbrook, LLC / New Hanover County ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoaslal Management Hello Angie: Please publish the attached Notice in the Thursday, January 30, 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. Ipport & Customer Assistance cc: MHC Files Gregg Bodnar — MHC/WiRO USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On January 23, 2020, Deerbrook, LLCproposed to construct an 8-slip commercial docking facility at 4181419 Summer Rest Rd, adjacent to AIWW, 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 February 20, 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: Deerbrook LLC, Mark Maynard Mailing Address: 1712 Azalea Drive Wilmington, NC 28403 Phone Number: 9 1 0'2 SI— S-3 3 a Email Address: jr@tributecompanies.com I certify that I have authorized Land Management Group , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: installation of fixed pier with covered gazebos and floating docks at my property located at 419 Summer Rest Road Wilmington, NC 28405 in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: {� Signature � '1�1 0 Print or Type Name 90 Title of 1 1-1 Date This certification is valid through 12 i31 i2020 RECEIVED DEC 0 5 2019 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DAVEY1. company December 4, 2019 NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON,NC 28403 To Whom It May Concern: Deerbrook LLC is applying for a CAMA Major Permit for development activity on their property located at 419 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. 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: Tara MacPherson 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 adortchClalmgroup.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 0 5 2019 DCM WILMINGTON, NC LMG LAND MANAGEMENT GROUP a DAVEY*. company December 4, 2019 TURNER SUE M 415 SUMMER REST ROAD WILMINGTON,NC 28405 To Whom It May Concern: Deerbrook LLC is applying for a CAMA Major Permit for development activity on their property located at 419 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. 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: Tara MacPherson 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(a)lmarouo.net Sincerely, Andy Dortch, Agent Land Management Group RECEIVED Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 DEC 0 5 319 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC rvv- Domestic Only a 0 m ri CeradeaMellFoe $3.50 0406 Er 02 Extra Rervcee& Foes(cireckeuG eddfe ere) ra ❑Return ne pt(har py) d�tnRrtr ❑Realm 0 Ramipt (eleotralic) E •'1 ••JV Postmark M ❑Certifletl Mall ResVgied Odivery $ sn.nn Here O ❑Mult3lgnehmFieautetl d_Sgq_ OMA dlps .Rash WN"E o I Postage $1.75 12/04/2019 Tote Posfeaeana a ". 05 $ a senrro-- I r LU� r3 ry ci 9iieeieitd -..'_';- bBoir7Jo: .........'_-....-...- 1'....'....-•-....'------ y l �Wn l 6Lk,sl blly,............ .b — 21k+4a.......__� Y... � � ...__..........._......____ Postal CERTIFIED o RECEIPT E:3 Domestic Mail Only m t- tr. i7 C• AL 6.7SE mCertiileaMailFee •J t U4Ub Ir $ U2 w ervicas pt Fees (chewDnG eddfee� ITOff— r'1 ❑Rehm Rectlpt QiardeM.N E _ O ❑Return Recelpl(ela4on0 S Postmark C3 ❑CMigetl Melt ReslhffiOaelN S Here Q ❑Muftvga mRWuW $ en nn (]Mea elp.W. ReMrl wUaN S O PostaLee e $1 75 0-' m mreIvo eeaRa .DS 12/04/2014 $ 'a sent To / ra 2.vg e,npb�! l.o O s �i aa--W,!WPotr&wo: ry `--------evarnfv, <nf--•-C2`---`! - �,ry eta;. ................ RECEIVED DEC 0 5 2019 DCM WILMINGTON, NC McGuire Tyler D From: Dortch, Andy <adortch@lmgroup.net> Sent: Wednesday, December 11, 2019 6:46 AM To: MacPherson, Tara; McGuire, Tyler D Cc: Mark L. Maynard, Jr; Greg Finch Subject: [External] Re: 419 Summer Rest Road CAMA Major Application Attachments: delivery confirmation cards.pdf Categories: CAMA Greetings all, attached are the green card delivery confirmations for 419 summer rest road. Please let us know if you need any additional information to accept this application as complete. 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 tLMG LAND MANAGEMENT GROUP a DAVEY#. company On Thu, Dec 5, 2019 at 10:01 AM Dortch, Andy <adortch@lmgroup.net> wrote: Greetings Tara and Tyler, Attached is a digital copy of the CAMA Major Permit Application for a project located at 419 Summer Rest Road, Wilmington 28405. A hard copy will be delivered to your office today. Please let us know if you have any questions, or need any additional information to accept this application as complete. 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 DAVEY# company RECEIVED DEC, 1 1 2020 0CM WILMINGTON, NC ■ 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 mallplece, or on the front 0 space permits. 1. Article Addressed to: y.<c�af h2 NHS Sty.�1�v (ZArak �avmy�a„ �c, ae�os 1111111111111111111111111111111111111111111111111111 9590 9402 5045 9092 9204 21 7018 3090 0001 9313 0197 Ps Form 3811, July 2016 PSN 763D-02-000-0053 ■ Complete items 1, 2, and 3. n Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. J 1. Article Addressed to: 930 G,vv:fr,pt.14 <. or kj, 0c, r)- go'IL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 5045 9092 9204 45 7018 3090 0001 9313 0180 Ps Form 3811. July 2015 PSN 7630-02-000-0053 Lih A. X ❑ Agent C. Date Is delivery address different from kern 17 L7 Yei If YES, enter delivery address below: ❑ No Nice Type DPriority Mail Express® pe O Registered MaIPer t Signature Restricted Delivery ❑ pp¢oanletered Mail Restricted IHed Mello adhory Mod Mall Restricted Delivery ❑ Return necelpt for lot on Delivery Merdmndise ,at an Delivery Restricted Delivery ❑ Signature ConfrUvdbnTM Vd Mail ❑ signature Confirmation odSW1 Restricted Calvary Restricted Delivery Domeatto Rehm Receipt t LMI /-0, la COMPLETE TILLS SECTION ON DELIVERY A Signature X i Vl O Addressee S. Received by (Printed Nerve) C. Date of Delivery 12-G--) D. Is deg address dllerent from Item 17 (3 Yes If YES, enter delivery addnus below: ❑ No S. Service Type ❑ Priority Ma epresse ❑ Adult Signature D Adult Signature Resriceed DBINery ❑ Registered Mall^' ❑ Map Restricted ❑ Certified Melia ❑ Certified Mall Restricted Delivery Delivery ❑ Return Rzcalpt far lect an Dewy ❑ Col• llect on Delivery Restricted Delivery ❑ Saddle" 0ungrmetlane ❑ Insured Matt ❑ Sigratureconfirmefien ❑ 1,,md Mall Restricted Delivery Restricted Delivery Domestic Return Receipt ! RECEIVED DEC 1 1 2020 DCM WILMINGTON, NC 12/13/2019 North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List - View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Deerbrook, LLC Information Sosld: 0489599 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 3/29/1999 Registered Agent: Hollis, Robert J Addresses Mailing 10 S Cardinal Drive Wilmington, NC 28403-1843 Principal Office 10 S Cardinal Drive Wilmington, NC 28403-1843 RECEIVED DEC 13 �Iy� CCM WILMINGTON, NC https://w .sosnc.gov/online_services/search/Business_Registration_Results 1/2 12/13/2019 North Carolina Secretary of Stale Search Results Reg Office Reg Mailing 10 S Cardinal Drive 10 S Cardinal Drive Wilmington, NC 28403-1843 Wilmington, NC 28403-1843 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3- 20. Manager Mark L Maynard 10 S Cardinal Drive Wilmington NC 28403-1229 RECFI ED f) f: OCM i't/il,rdlINGT'ON NC https://www.sosne.gov/online_services/searchlBusiness_Registration_Results 2/2 LMG LAND MANAGEMENNT GROUP a DAMk company December 5, 2019 TO: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tara, rD GEIVEEC 0 5 2019 Please find enclosed a CAMA Major Permit application and supporting materials for the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Andy D rtch Land Management Group Enclosure: CAMA Major Permit Application Package; Fee Check RECEIVED cc: Deerbrook LLC c/o Mark Maynard DEC 052019 DCM WILMINGTON, NC www.Imgroup.net • info(a lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 tLMG LAND MANAGEMENT GROUP a DAI # mmpany December 18, 2019 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials and fee checkforthe CAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerel , aA1 a�-V� Andy ortch Land Management Group Enclosure: CAMA Major Permit Application Supplemental Requested Materials; Fee Check cc: Deerbrook LLC c/o Mark Maynard RECEIVED DCM WILMINGTON, NC JAN 0 2 2020 www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4LMG LAND MANAGEM ENT GROUP a DAVEY# company January 14, 2020 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials and additional fee check for the CAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Deerbrook LLC and Mark Maynard would like the option to sell or lease some of the slips on the proposed 8-slip facility. It is understood that if the docking facility will serve more than 5lots or units, a Special Use Permit from New Hanover Countywill be required. An approved Special Use Permit will be obtained and provided to DCM prior to the sale or lease to more than 5 lots or units. Thank you for your guidance on this project, and please let me know if you have any questions or need anything in addition to accept the application as complete. Sin erely uVW4a Andy Dortch Land Management Group RECEIVED JAW 14 2020 QCM WILMINCTON, NO Enclosure: CAMA Major Permit Application Supplemental Requested Materials; Fee Check cc: Deerbrook LLC c/o Mark Maynard www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4LMG LAND MANAGEMENT GROUP a OA1EYk mmpany January 23, 2020 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials for the CAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Deerbrook LLC and Mark Maynard would like the option to sell or lease some of the slips on the proposed 8-slip facility. It is understood that if the docking facility will serve more than 4 lots or units, a Special Use Permit from New Hanover County will be required. An approved Special Use Permit will be obtained and provided to DCM prior to the sale or lease to more than 4 lots or units. Thank you, and let me know if you have any questions or need anything in addition to accept the application as complete. 5in erely �U Andy Dortch Land Management Group RECEIVED JAN 2 3 WO QCM WILMINGTON, NC Enclosure: CAMA Major Permit Application Supplemental Requested Materials cc: Deerbrook LLC c/o Mark Maynard www.lmgroup.net • info@lmgroup.net a Phone: 910.452.0001 a Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Book 6242 Page 2669 OPICJ �, TAMMY THEUSCH L0 u\1y BEASLEY New Hanover Count Register of Deeds Register �� of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 ` f + 4,I:14..1\'I:1102 JAI ###+++++++++**++***######+##+++#++}}#**##+#+x+}+#tt*++t}}+#+#+++#x+#r}+*t#*}+#++++}rrr}+#+++tt*+#t#++###+#++ State of North Carolina, County of NEW HANOVER Filed For Registration: 08/30/2019 10:19:01 AM Book: RB 6242 Page: 2664-2669 6 PGS $4,326.00 Real Property $26.00 Excise Tax $4,300.00 Recorder: ANDREA CRESWELL Document No: 2019027905 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED DEC 0 5 2019 DCM WILMINGTON, NC Book 6242 Page 2664 BK: RB 6242 PG: 2664-2669 ...., .............n."n 0111111111111 RECORDED: 2019027906 NC FEE SM.00 08-30-2019 NEW HANOVER COUNTY, INC STATE OF NC 10:19:01 AM TAMMY THEUSCH BEASLEY REALESTATE BY:ANDREACRESPoBLL REGISTEROFDEEDS E%TX$43M 00 ASSISTANT SPECIAL WARRANTY DEED Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC 12 North Fifth Avenue Wilmington, NC 28401 WE PREPARED THIS DEED BUT NO TITLE SEARCH WAS REQUESTED AND NO TITLE SEARCH HAS BEEN PERFORMED. THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY OR THE ACCURACY OF THE LEGAL DESCRIPTION. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER TAX PARCEL # R05710-002-054-000 R05710-002-018-000 REVENUE STAMPS$ `1,3o0.oc) THIS WARRANTY DEED, made this 2°� tday of August, 2019 by and between Susan Landis Keys (a/k/a Susan Keys Holman), widowed, Karen DuVal and spouse, Daniel DuVai, whose mailing address is 1214 Buchanan Street, McLean, VA 22101-3017 (the "GRANTORS"), and Deerbrook, LLC, a North Carolina limited liability company, whose mailing address is 10 South Cardinal Drive, Wilmington, NC 28403 (the "GRANTEE"). WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE his heirs and assigns forever, all of that certain real property located in New Hanover, North Carolina, described on EXHIBIT A attached hereto. SUBJECT TO (i) easements, rights of way and restrictions of record, (ii) any governmental land use statutes, ordinances and regulations including zoning, building and subdivision regulations applicable to the subject property and (iii) ad valorem taxes for current and subsequent years. RECEIVED 246243 DEr 0 5 2019 GCM WIl-MINGTON, NC Book 6242 Page 2665 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thercunto belonging, or in anywise appertaining unto the said GRANTEE, his heirs and assigns in fee simple, forever. AND THE GRANTORS, for themselves, their heirs and assigns, do covenant to and with the said GRANTEE, his heirs and assigns, that Grantors have done nothing to impair such title as Grantors received, and Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantors, but subject to the exceptions set forth above. Pursuant to N.C. Gen. Stat. § 105-317.2, the property herein described X does not include OR _ does include the primary residence of one of the Grantors. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] RECEIVED 246243 DEC 0 5 2019 DCM WILMINGTON, NC Book 6242 Page 2668 EXMIT "A" 15' tract BEGINNING at a new P.K nail in the edge of pavement, said P K nail being at the intersection of the western line of Summer Rest Road (formerly Ocean Avenue), 40 foot right of way, S R #1417, with the southern line of Cedar Street (30 foot right of way). The above mentioned nail being at the north eastern comer of lot 5, Block 2, of the Village of Summer Rest. A map of same being recorded in Deed Book 10 at page 1 of the New Hanover County Registry Running thence from said beginning South 37 degrees 50 minutes 45 seconds West along said western line 90.68 feet to an old iron pipe Thence North 54 degrees 00 minutes 50 seconds West 277 04 feet to a new iron pipe that is in the eastern line of Central Avenue (30 0 foot right of way), said pipe being South 54 degrees 00 minutes 50 seconds East 2.24 feet from an old concrete monument. Thence North 55 degrees 29 minutes 25 seconds East along said eastern line 101.13 feet to a new iron pipe that is at the intersection of said eastern line and the southern line of the aforementioned Cedar Street Thence South 52 degrees 55 minutes 10 seconds East along said southern line 246 26 feet to the point of beginning. Containing 0.56 acre more or less The same being lot 5, Block 2, Village of Summer Rest as conveyed to J. Edgar Toomer by deed recorded in Book 424 at Page 350 of the New Hanover County Registry 2nd tract BEGINNING at an old iron pipe that is the eastern line of Summer Rest Road (formerly Ocean Avenue, 40 0 foot right of way, S R # 1417). Said pipe being South 54 degrees 00 minutes 50 seconds East 40.25 feet, South 37 degrees 50 minutes 45 seconds West from a new P K nail in the edge of pavement that is at the intersection of the western Ime of said Summer Rest Road and the southern line of Cedar Street (30,0 foot right of way), said nail being at the northeastern comer of lot 5, Block 2 Village of Summer Rest, Map of same being recorded in Deed Book 10 at page 1 of the New Hanover County Registry. Running thence North 37 degrees 50 minutes 45 seconds East along said eastem line 119 91 feet to the former Pembroke Park Line, now Villas at Landfall, map of same being recorded in Map Book 27 at Page 121 of the New Hanover County Registry Thence South 52 degrees 55 minutes 10 seconds East 106 71 feet to an old stone at the high water line, more or less. Thence continuing the same course to the western line of the Atlantic- Intra-coastal Water Way Thence with said waterway line in a southerly direction to a point that is South 54 degrees 00 minutes 50 seconds East from an old tron pipe that is at said highwater line, more or less; Thence North 54 degrees 00 minutes 50 seconds West to the last mentioned pipe; Thence North 54 degrees 00 minutes 50 seconds West 100 00 feet to the point of beginning The same being the tract of land conveyed to J.E Toomer by deed recorded in Book 273 at Page 421 of the New Hanover County Registry 246243 RECEIVED DEC 0 5 M9 DCM WILMINGTON, NC Book 6242 Page 2666 IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands as of the day and year first above written. GRANTORS: Susan Landis Keys (a/k/a Sus n Keys Holman) STATE OF V [ 9 & ` N-A COUNTY OF L� I R T--,AX (County where acknowledgment is taken) I, � 1- FA U r q,"Afi a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: Susan Landis Keys, Karen DuVal and spouse Daniel DuVal Witness my hand and official seal or stamp, this qq day of August, 2019. NOTARY PUT3LIC SHEFALI SHAH NotaryPublicO' 1 —t L1 ��� CemmNoWey PubliYtAinia V�CY L f1'1 Reghtra8on No. 343498 My Commission Explies Nov 30. 2019 Print/Type Notary's Name[ - - - - - -- - - J- // p My Commission Expires: �� C 3D &(P i I 1AFFiX OFACfAL. "'TAMP OR SI_AL j [Grantors signatures continue on nextpage] RECEIVED 246243 DEC 0 5 2019 DCM WILMING-rON, NC Hook 6242 Page 2667 GRANTORS (continued): 4?a4, Q j aj Karen DuVal �0,-� Daniel DuVal STATEOF \JIRGIti to COUNTY OF f-AI RF qX (County where acknowledgment is taken) 1, St-+L- FAa,U S-R-6-H a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: Karen DuVal and spouse Daniel DuVal Witness my hand and official seat or stamp, this day of August, 2019. SHEFALI SHAH Notary Public commonwealth of Virginia Registration No. 343499 My Commission 5pues Nov 30, 2019 [Ai S: C•LI: iL',i 1 246243 NOTARY PUBUt CS-H j F -A U S' kA fA (-A Print/Type Notary's Name My Commission Expires: RECEIVED DEC 0 5 2019 DCM WILMINGTON, NC 1 A 1459 1709 STATE OF NORTH CAROLINA NEW HANOVER GOUNTY IN RE CLAIM OF J. E. Toomer TAKE NOTICE: TAX I.D. No. 31-10, PDd Dig Wo DECLARATION of FINAL RESQUITION OF C aIM TO SUBMERGED L a, 1. Pursuant to G.S. 113-205, 113-206 and the rules promulgated thereunder, the Secretary of the North Carolina Department of Natural Resources and Coernmity Development, through his designee, the Director of the Division of Marine Fisheries, has issued a final resolution pursuant to G.S. 113-206 and 15 NCAC 1H.0103 concern- Ing the submerged land claim originally filed by J. E. Toomer. 2. The lands subject to this final resolution are limited to those submerged lands which were claimed by J, E. Toomer pursuant to C.S. 113-205 and are described more fully in the following: Q 5 Deed Book 273 Page 421, New Hanover County Register of Deeds current claimant, the successor mant, JeanC In interest to the original Toomer, asserted title to thecsubmergedJ lands Toomer,the tby the claim. 4. Pursuant to C.S. 146-20.1 the interest in regularly flooded estuarine marshland conveyed by the State Board of Education and now claimed by Jean C. Toomer in the lands described has been recognized subject to all public trust rights in such lands. This final resolution does not affect or impair the common law riparian or littoral rights running with lands located above the mean high water mark. 5. Notice of this final resolution has been duly served on Jean C. Toomer by certified mail, 6. The Secretary directs that this declaration be recorded under the State of North Carolina in the grantor index and cross-indexed under Jean C. Toomer in the grantee index in the NEW HANOVER County Register of Deeds. p This the D day of _obXA, . 19 $9- WILLIAM W. COBEY, JR. Secretary R"!'pp!rn In By: Dr. Gillian T. Hogarth, Director 2Sla-4�,4 North Carolina Division of Marine Fisheries Department of Natural Resources and Community Development Pursuant to 15 NCAC IH.0103(3IIECCIVED JAN 2 3 2020 15%41 QQM WILMINGTON, NC Built r.ir 1459 171© THIS TNSTBUNENT APPROVED AS TO FORK By THE ATTORNEY GENHW,,S OFFICE LACY H. THORNBURG Attorney General By: 711 CAROLINA scant A corny a COUNTY I' L A Notary Public, in and for the said County and State, do hereby tify at Dr. William T. Hogarth personally known to me, person- ally appeared before me this day in said County and State arid duly acknovledged the due execution of the foregoing instrument of writing for the purposes therein expressed. l I - d7 -,M NORTH CAROLINA Notary lic "An at" e0an1 C Lm a.. The foregoing certificate of na re,nemdti,ecea G.cinwc. et County, State of Nort [blic of This instrument as presented for registr ;:meet. in the office of the Register of Deeds of nil Darin) Po a r, .a ., Lea=ecorded in Book _ Page ee cocc'XFa %erolina tbi.L1_ �) ee This day of 1 ue.ca e. 1 Deere 4 1. owe r REMUE. A.: I' \E,31ED I: _t Ja 15 2 30 PM'89 RECEIVED JA N 2 3 2020 QCM WILMINGTON. NC EXISTING RESIDENCE 15' SETBACK RIPARIAN CORRIDOR IF , lv OUTE'EDGE OF ARSH 4 WATER BODY WIDTH Legend NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. Prop ert Bound "•"I"""m"I' 2 NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8/13/19. ��CORD 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4. 2018 PARCELS FROM NCONEMAP. JAN 1 6 Z020 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. EXISTING HOUSE 75' CRR SETBACK 75' AEC 404 WETLAND LIN COASTAL �PLMG I NVNLkNeCENFMCRIIUP NCI. r0 � M05 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910452-0001 MOM 30' NHW BUFFER NHW RIPARIAN CORRIDOR 15' SETBACK 9/10/2019 1 1/16/2020 419 Summer Rest Road 1"=40' LMG19.296 Plan VIEW Drawn By: Sheet Number'. Upland Detail GSF 2 of 5 PROPOSED 671' LONG \ e . c,� STAIRS \ \ Ns�s Oti • 08. \ e/p tp \ \ A�O,o FAA\ \ FAT. 1 x (5'VYIDE MLW PR6'QD 1414' GA2EBS0, i FIXED PI5 r/' `r, � 1PA S E Ft a Legend NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. MLW WATER DEPTHS AND BASE SURVEY BY BATEMAN CIVIL SURVEY CO. AUGUST 2019. JAN 16 2020 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. ko E -15' SETBACK RIPARIAN CORRIDOR USACE SETBA K ;` •, 15.0 3. 4 WATEFZ ODY U IDTF WAT BOW(WIDTH I S — 6' - / / /- i G419 Summer Rest Road 11/18/2019 1/8/2020 IAAO nlurmPUBP mrmv NAS.ite'15 Scale - "=30' Job Number: LMG19.298 Title3805Wrightsvil Wilmington, North Carolina 28403 Dock Layout Plan Yew Drawn By: GSF Sheet Number. 3 of 5 910-452-OW1 75' AEC Coastal Wetland Line h Setback NHW Line 404 We and Line 30' NHW Buffer n in _ �2- r�011 ol��l��lnl��l��l��l��l��l� I��IHI��I��I��I��I��I��I��I��I� �f9Hf�FHH/fIHIHffH�F--------- Tie Ramp to Existing Grade 75' AEC �404 Wetland Line I 2 I 0—M6WL_ 2 -4 -6 -s 10+00 0+110 RECEIVED JAN 16 2020 DCM WILMINOTQN, INC 0+120 0+130 0+140\ \--Pilings per Contractor (Size, Spacing, Depth) 0+150 30' NHW Buffer Coastal Wetland Line I I I I I I I I I I I I I I I I I I 0+60 0+170 0+180 I 0+190 Approximate Existing Grade NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8/13/19. 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 1+100 LMG IAND MANAGEMENT GROUP a oINYi com 3805 Wrightsville Ave Suite 15 Wilmington. North Carolina 28403 910-052-0001 NHW Line A' 10 s 3' Min. MHW 4 — — 2 MLA 0 _2 -4 n -6 _8 -10 1+120 1+130 419 Summer Rest Road 11/25/2019 1/16/2020 Scale: Job Number'. Je. AS Noted LMG19.296 Dock Profile View A Drawn By. Sheet Number: WAD 4 of 5 Outer Edge of Marsh i o ° 0 o O I a Wirth B� I MLW0 0 - ' -10, -1 ' 0 USACE Setback Outer Edge of Marsh ' Proposed 84' long x 6' wide floating dock 0 0 8 8 6 — — ^ _ _ — — — _ _ _ — _ — _ _ _ _ _ _ _ _ _ _ _ _ _ 6 _ _ _MLbv 4 MHyL 3'Min xisting gratle to botlo eckboartl _ — — _ — _ 0 — _ — _MLw 0 -4 -4 c c -6 .8 -8 -10 -10 Pilings per Contractor _14 .14 -16 (Size, Spacing, Depth) Approximate Existing Grade -16 -16 8 0+00 0+110 0+120 0+30 0+40 0+50 0+60 0+70 0+80 0+190 1+00 1+110 1+120 1+130 140 1+150 1i60 1I10 4 RECEIVED NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8/13/19. Project Date: Remecm Data: JAN 16 2020 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. tLMG 419 Summer Rest Road 11/25/2019 1/16/2020 4. NOTA SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL Scale: Job NumberPERMITTING ONLY. G IMPff..1 As Noted Title: LMG19.296 DCM WILMINGTON, NC 3805 Wrightsville Ave Suite 15 WJmington, North Carolina 28403 Dock Profile View B Drawn By: WAD Sheet Number: 5 Of 5 910452-0001 Ie.2W —41tl Summer Kest MOaq eraM Meynarat4ie Summer Kest na.IN g Major Permit Fee Schedule -# rf0 0250,00 Project Name: 17E +$R�tc7 LLG County: 11115W MAWOVC41Check No & Amount: V v K1 Q cSuLKNE0. ?_irrr 'RO / /J�O . Wlt,pKtwGrc>A. AC 284 `r CIO Development TypeFee DCM % pWQ :341)(14300160143610009316256253) (24300110 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 th t does not involve the filling or excava on $400 100% ($400) 0% ($0) of any wetlands or open water are s: / 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 General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% $160 ( ) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: 9400 NORTH CAROLINA Environmental Quality January 27, 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 Application Review Applicant: Deerbrook, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepg Bodnar at the address above by February 20, 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