HomeMy WebLinkAbout20200223 Ver 1_CAMA Application_20200211DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Yacht Basin Holdings, II LLC
2. LOCATION OF PROJECT SITE: 122 Yacht Basin Drive, adjacent to the Atlantic Intracoastal Waterway,
within the Town of Southport, in Brunswick County
Lat:33°54'59.67"N Long:78°01'23.46"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/7/20
Was Applicant Present— No
5. PROCESSING PROCEDURE: Application Received—1/13/20 Complete — 1/31/20
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— Southport
Land Classification From LUP — Light Commercial/Open Space
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing- Public sewer
Planned- Same
(F) Type of Structures: Existing- Commercial docking facility with three floating docks.
Planned- Re -build existing commercial docking facility with two new
floating docks and piling installation.
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal / 404)
(B) Non -Vegetated Wetlands (Open Water)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 388 sq. ft. (.01 Acres)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant is proposing to replace and modify two floating docks and add 4
pilings at an existing commercial docking facility for a total of 10 slips.
OepFpNM N FmMom'nAI pdXr�
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
Yacht Basin Holdings II, LLC
Page 2
9. PROJECT DESCRIPTION
The project site is located at 122 Yacht Basin Drive, adjacent to the SouthportYacht Basin, within the Town of Southport,
in Brunswick County. To locate the property from Wilmington, travel south on NC Hwy-133 to Southport. Turn left on
N. Howe Street and travel approximately 1.5 miles to W. Bay Street. Turn right onto W. Bay Street and travel
approximately 0.2 miles to Yacht Basin Drive. Turn right onto Yacht Basin Drive and the Yacht Basin Eatery will be on
the left.
The property is a .14-acre tract of land with a commercial use for the Yacht Basin Eatery Restaurant. The existing
restaurant has a screen porch area, open decks and is stabilized by an existing bulkhead. The property has 66 linear
ft. of shoreline and is designated as Urban Waterfront. There are no wetlands present at this location and Normal High
Water (NHW) is at the existing bulkhead. The existing docking facility consisted of three floating docks, which
encroached into the USACE setback area, providing ten designated boatlips. A floating dock measuring 48 ft. in length
by 6 ft. in width currently exists along the southern property line within the 15 ft. riparian setback and extends
approximately 10 ft. beyond the USACE Federal Channel setback line. The remaining floating docks were removed
due to storm damage.
The property is bordered by the Southport Yacht Basin to the west, commercial docking facilities to the north and south
and Yacht Basin Drive to the east. General Permit No. 40398 was issued to Donnie Potter on 6/26/06 for the installation
of the 48 ft. long by 6 ft. wide floating dock, this permit was later modified to add additional 32 ft. long by 5 ft. wide
floating dock and two mooring piles. The Town of Southport Land Use Plan classifies the high ground portion of the
project area as Light Commercial. The waters of the Southport Yacht Basin/AIWW in this location are classified as
"SC" by the North Carolina Division of Water Resources. The area is NOT designated as a Primary Nursery Area by
the North Carolina Division of Marine Fisheries and is closed to the harvest of shellfish.
[101201%141lV9111X11I
The applicant is proposing to replace and modify two floating docks and add 4 pilings at an existing commercial docking
facility for a total of 10 slips. The proposal would essentially replace the two floating docks that were destroyed and
would limit the length so that there is not an encroachment into the Federal channel setback. The proposed project
consists of the installation of two floating docks measuring 32 ft. in width and 6 ft. in width (192 sq. ft.). The floating
docks would extend to the east from the existing highground deck. The northern most floating dock would be within
the adjacent riparian corridor setback and a waiver has been obtained. The applicant also proposes to install 4 8"
mooring pilings on the northern property boundary within the same riparian corridor setback. The docking facility
would provide docking for up to ten vessels in water depths measuring approximately -8 ft. at Normal Low Water (NLW)
(see Sheet 3 of 4). No excavation is being proposed.
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The proposed docking facility would result in the shading of approximately 388 square feet of open water within the
Estuarine Waters and Public Trust Area AECs. As proposed, the new floating docks and pilings would not extend
beyond the quarter width of the waterbody nor encroach into the 80 feet federal channel setback in this location. The
proposed docking facility would encroach into the northern 15 feet adjacent riparian property setbacks and a waiver
has been obtained for the encroachment.
Submitted by: T. MacPherson Date: 2/10/20 Office: Wilmington
uan..�aemome,wams,�
North Carolina Department of Environmental Quality I Di0slon of Coastal Management
Wilmington Ofnce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
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 within the Southport Yacht Basin off the Intracoastal Waterway at 122 Yacht Basin Drive,
currently the location of the Yacht Basin Eatery. Existing on the property are the restaurant building with
screened porch and open deck areas. The existing development is classified as urban waterfront. The waterfront
features a bulkhead under the decking area with an existing floating dock and ramp. There are also the remains
of other tied up floating docks damaged in Hurricane Florence in September 2018. Remnant remaining pilings
are present. Water depths range from --4' to -8' NLW. No coastal or 404 wetlands exist on the site. The
waterbody width of the Yacht Basin in this location is approximately 305'.
3.1.2 Proposed Action
The applicant proposes to construct two additional floating docks to accommodate boaters visiting the
restaurant. There will be a total of ten slips following the addition. The two additional docks will feature access
ramps and pilings to secure the docks. The northernmost new floating dock will be within the 15' riparian
setback with written permission obtained from the adjacent riparian landowner. The new 32' long docks will
extend waterward to the established Corps of Engineers channel line. No dredging will take place since water
depths are suitable for dockage.
Application for Major Development Permit — June 2019
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
RECEIVED
JAN 13 2020
DCM WILMINGTON, NC
t
1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicantl Landowner Information
Business Name
Project Name (if applicable)
Yacht Basin Holdings II, LLC
Yacht Basin Eatery
Applicant 1: First Name
MI
Last Name
Bridget
n/a
Chirico
Applicant 2: First Name
MI
Last Name
Jim
n/a
Chirico
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
32520 Archdale
n/a
Chapel Hill
NC
ZIP
Country
Phone No.
FAX No.
27517
USA
908-938-8607
n/a
Street Address (if different from above)
City
State
ZIP
NA
Email
BChirico(a),aol.com
2. Agent(ContractorInformation
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Steve
Morrison
Agent/ Contractor 2: First Name
MI
Last Name
Greg
Finch
Mailing Address
PO Box
City
Slate
3805 Wrightsville Avenue, Suite 15
n/a
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910-452-0001
ext. n/a
n/a exl. n/a
FAX No.
Contractor #
910-452-0060
n/a
Street Address (if different from above)
City
State
ZIP
NA
Email
smorrisonng.lmgroup. net, gfnch(ai7lm iroug.net
Application for Major Development Permit —June 2019
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
RECEIVED
1
JAN 13 2020
DCM WILMINGTON. NC
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
122 Yacht Basin Drive
n/a
Subdivision Name
City
Slate
Zip
n/a
Southport
NC
28461
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
Cape Fear
Cape Fear River / AIWW
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
Cape Fear River/AIVWV
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.
Southport
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sit ft.)
66 - @ MHW
0.14 +/- acres
c.
Size of individual lot(s)
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
Several trees and landscape vegetation.
f.
Man-made features and uses now on tract
The site is currently Yacht Basin Eatery.
g.
Identify and describe the existing land uses ad iacent to the proposed project site.
Vacant with boat dock and State Port Pilots facility with boat docks.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
BD — Business District
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ENo
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ENo ❑NA
If yes, by whom?
I.
Is the Proposed project located in a National Registered Historic District or does it involve a National ❑Yes ENo ❑NA
Register listed or eligible property?
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
JAN 13 2020
DCM WILMINGTON, NC
in. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
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 ❑Public/Governmenl
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Proposed boat slips to provide water access for restaurant patrons.
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. Marine contractor equipment to be stored on barge and upland
areas of the property.
d. List all development activities you propose.
Construction of floating docks and installation of pilings.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Both
f. What is the approximate total disturbed land area resulting from the proposed project?
0 ❑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.
No new discharges.
i. Will wastewater or stormwater 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.
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
JAN 13 2979
DCM WILMINGTON, NC
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 Cape Fear Marine, Inc Phone No. NA
Address PO BOX 10831 Southport, NC 28461
Name Peterson Harold W. Jr. and Dodge Pamela P Phone No. NA
Address 212 Orange Street Wilmington, NC 28401
Name Phone No.
Address
g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
Unknown. Applicant (buyer) has no previous permits for this property.
h. Signed consultant or agent authorization form, if applicable.
i. Welland 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 {ceertiif�y�that the information provided in tthfits� application is truthful to the best of my knowledge.
Date LV[f�N 0 Print Name: i',I�.� I'IY,I,AY/ k . Agent, Land Management Grouo
Signature � � J
l"',
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
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
JAN 13 2020
DCM WILMINGTON. NC
2. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
®Commercial ❑Public/Government ❑Private/Community
c. (i) Dock(s) and/or piers)
III) Number
2
(iii) Length
32'
IN) Width
6'
(v) Floating
®Yes ❑No
e. (i) Are Platforms included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v)Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
10
III) Number of slips existing
2
L 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: 16=20'
m. (1) WII the facility have tie pilings?
❑Yes ®No
(it) If yes number of tie pilings?
Application for Major Development Permit —June 2019
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
❑This section not applicable
b. (i) Will the facility be open to the general public?
®Yes ❑No
d. (i) Are Finger Piers included? []Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
(v) Floating ❑Yes ❑No
f. (i) Are Boatlifts included? ❑Yes ®No
If yes:
(it) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
M Dockage ('Wet slips") only, number of slips: 10
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Mixed types
I. (1) Will the facility be open to the general public?
®Yes ❑No
RECEIVED
JAN 1 3 i"^1 s
DCM WILMINGTON, NC
2. 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.
(ii) Give the location and number of "Pumpoul Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marina/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 feet 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 structure(s):
❑Commercial ❑Public/Government ❑Private/Community
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina
JAN 13 2020
DCM WILMINGTON, NC
(ii) Number
(iii) Length
(iv) Width
Note Roofed areas are calculated from drilahne 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
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpi/e, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ❑This section not applicable
a. Is the struclure(s):
®Commercial ❑PubliGGovernment ❑Private/Community
C. Distance to be placed beyond shoreline 33' from existing deck
Note. This should be measured from marsh edge, if present.
e. Arc of the swing NA.
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
Floating docks to be within riparian setbacks, with
permission.
Note. For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
-305'
e. (i) Will navigational aids be required as a result of the project?
❑Yes NNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
NA
b. Number 4
d. Description of buoy (color, inscription, size, anchor, etc.)
4-8" pilings adjacent to riparian corridor with State Port Pilot
facility.
b. Proximity of structure(s) to adjacent docking facilities.
V to south, -8.75' to north
d. Water depth at watemard end of structure at NLW or NWL
- 8'
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina JAN 13 20M 7
DCM WILMINGTON, NC
8. OTHER ®This section not applicable
a. Give complete description:
Date
122 Yacht Basin Drive
Project Name
Yacht Basin Holdings II, LLC
Applicants Name
_M� , Agent, Land Management Group
Applicant Signature
Application for Major Development Permit —June 2019 RECEIVED
122 Yacht Basin Drive
Southport, Brunswick County, North Carolina JAN 13 2020
DCM WILMINGTON, NC
NORTH CAROLINA
Environmental Quality
February 11, 2020
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in Brunswick County
• Yacht Basin Holdings II, LLC
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Director, Division of Coastal Management
Hello Angie: Please publish the attached Notice in the Friday, February 14, 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.
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.
Etiquette
nce
cc: MHC — Gregg Bodnar
WIRO File
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 31, 2020, Yacht Basin Holdings 77, LLC proposed
to replace & modify two (2) floating docks & add four (4) pilings at an existing commercial docking
facility for a total of ten (10) slips at 122 Yacht Basin Dr., adjacent to the AIWW, in Southport,
Brunswick County. A copy of the application can be examined or copied at the office of
Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal
Drive Ext., Wilmington, NC 28405, (910-796-7266) 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 March 6, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered ul, 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.
ROY COOPER NORTH CAROLINA
Governor Environmental Quarlty
MICHAEL S. REGAN
seaetary February 10, 2020
BRAXTON C. DAVIS
Director
Mr. Greg Finch
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Dear Mr. Finch:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Yacht
Basin Holdings, II LLC for State approval for development at the Yacht Basin Eatery property located at 122 Yacht
Basin Drive, adjacent to the Atlantic Intracoastal Waterway, within the Town of Southport, in Brunswick County. It
was received complete on January 31, 2020 and appears to be adequate for processing at this time. The projected
deadline for making a decision is April 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 January 30, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
071r
1/;
Tara cpherson
District Manager
Enclosure
cc: Greg Bodner, DCM USACE Robb Mails, DWR
Wayne Strickland, LPO Bridget Chirico, Applicant
: DRQ�
North Carolina Department of Environmental Quality I Division of coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
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AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: i3ieAw'. b Hirt CdhA;ap ('ff)
Mailing Address: 70 Yil�iifl$A�fin! !i>.eAwa
Phone Number: ?or- Ur— $4e7
Email Address: ,3 egpAI to ® AOL. Cowl
I certify that I have authorized LA&A AAai• V.4d7-Q9001f
Agent I Contwor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: CeFr�lf12✓G11ow� p�
5447- DocK%
at my property located at Y&ar BA3ta7.4i/►'l7At wa.YA wr`B-eilj,&gc.
in County.
I furthermore certify thatrl am authorized to grant and do in fact grant pera:4asibn 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:
'�
II Signature
Print or Type Name
0c.���esInjan�r3
Title
& I 0/
Date
This certification is valid through /Z 1$1 1 22-
RECEIVED
DCM WILMINGTON, NC
JAN 1 3 2020
rereby certdy that I ayn orotw7y aakacen to'
{Na/n" Of _
P'ope'ty IocaCed at of �ro2 P 1
ddrcxx Ltlt, WOck, Raad etc.) _-----
IWatarEodYl (Oftylown andtor Caunly.
Imo^^eyap�hc—
pw1t has dean rhea stt
tc me. at shah,: bMw, t1i rvooPtnw xr+t prnmtle Ar na ahwQ Io YtP�
....nr .{+— I rAvc'tj O*C5or1 t.' IIIs prGrxlss;
—• 1 have'%6K ionx to INN proposai
OESCRIPriON ANOIOR ORAWING OF PROPOSED DEVELOPMENT
(Intgviduai Propaoinp rfevetupmOnt aruxt till In description below or attach a stf* draw,na,
110
i untlerttens chill a pool dock rnr:(r pe�n�pt t;V , a
� a � ta- a�,)Kt; 14:5: ra, .el
rriftimurr distance of 16' froth my area ail ,cogs, accoax "NOSS WMFI I by Ile -;li y vnnt^ : carve
1,.0
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I do not wish Ic waive ow °f; rr>xonux rrmutnntq.�_
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1 op Rt+i�mer Infnrmaon
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RECEIVED
JAN 13 2020
DCM WILMINGTON, NC
Pastal,Service'"
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RECEIVED
DCM WILMINGTON, NC
JAN 1 3 2020
CERTIFIED MAIL,,., RECEIPT
(Domestic Mail Only; No Insurance Coverage Providec
-:1' W IUf1r- 1% 14�'W II
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■ Complete Items 1. 2. and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach thls card to the lack of the mallPlOse.
or on the front If space permits. _
H R&D PETRl a/4 PnAIM
212cW.C-81 ttT
W"MilVQsW Nr/ 29401
IIIIIIIII IIII �illllll IIIIIIIIII IIII II�III II III
9590 9402 5186 9122 7307 81
7005 2570 0000 5704 0846
PS Form 3811. July 2015 PSN 7530.02-000-9053
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Rostdated Delivery
Domestic Return Receipt I
MCE1VED
JAN 31 2020
DCM WILMINGTON, NC
MacPherson, Tara
From: Finch, Greg <gfinch@lmgroup.net>
Sent: Monday, January 13, 2020 11:26 AM
To: MacPherson, Tara
Cc: Stephen Morrison
Subject: [External] Fwd: Yacht Basin Holdings
Attachments: State Pilots Waiver.pdf, Yacht Basin Drive- Narrative-2020-1 -1 3.pdf,, Yacht Basin Drive -
Figures 2020-1-13.pdf
Categories:
Tara,
To do
We decided to remove the extendable portion of the floating docks. This didn't cause too many changes, just the
Project Narrative, and updated figures deleting Sheet 5 of 5 and a couple notes. Both attached. Figures will print
to scale at l lxl7.
Let us know if you have any questions. 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
---------- Forwarded message ---------
From: Finch, Greg < finch ,lmgroup.net>
Date: Tue, Nov 26, 2019 at 9:08 AM
Subject: Re: Yacht Basin Holdings
To: MacPherson, Tara <tara.macpherson e,ncdenr.eov>
Here is the updated waiver. Will forward USACE confirmation as soon as I get it. Thanks,
Greg Finch I Environmental Scientist - CAMA Section Manager
Land Management Group I Environmental Consultants RECEIVED
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 JAN 13 2020
On Tue, Nov 26, 2019 at 9:01 AM Finch, Greg <gfrnchna.lmgroup.net> wrote: DCM WILMINGTON, NC
Don't send it back! We're still coordinating with the corps, should have something to you soon.
MacPherson, Tara
From: MacPherson, Tara
Sent: Monday, November 4, 2019 3:43 PM
To: 'Finch, Greg'
Subject: Yacht Basin Holdings
Hi Greg,
I received the major permit app. for Yacht Basin Holdings II, LLC. I need two waivers with signatures to accept this as
complete. You did provide one, but they only checked the waiver box instead of initialing it. Also, Please provide
something from the USACE that they are ok with the retractable floating dock extending into the USACE setback, it is
probably just a formality, but I need to be sure. I do not see any changes to the existing docking areas, is that correct?
Thanks,
Tara
Tara MacPherson
Southern Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7425 office
910 395-3964 fax
tara. macah erson CrDn cden r. oov
127 Cardinal Drive Ext
Wilmington, NC 28405
PC.
Nothing Comparesr.-�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
NORTH CAROLINA
Environmental Quality
February 11, 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
Applicant: Yacht Basin Holdings 11, LLC
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County
Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an
existing commercial docking facility for a total of ten (10) slips.
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 March 6, 2020. If you have any questions
regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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
ietu Type
ro R Int.
B4206 P1320 04-04-25.000`� 3efun -'Caksh$ Finance
BrunswickIICountIIIIIIIIRIIIIIter of Deeds pa4eminot 3PROP ,Portions of document are illegible dueto condition
Brenda li. Clemmons Register of Deeds of original.
06-20-201e 14:04:25.000 Brunswick County, NC I Document contains sealsvedfied by original
NC REVENUE STN17P: $2520.00 (Ite37020)'nstrumentlhatcannot bereDmduep?^r-^Died.
COMMISSIONER'S DEED
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK Parcels 237LF011 and 1104
h
THIS DEED, made this2Q day of June, 2019, by and between Michael R. Isenberg, acting as
Commissioner as hereinafter stated, PO Box 11028, Southport, N. C. 28461, hereinafter, whether one or more,
referred to as "GRANTOR," and Yacht Basin Holdings II, LLC, a North Carolina limited liability company,
whose address is 32520 Archdale, Chapel Hill, NC 27517, hereinafter, whether one or more, referred to as
"GRANTEE":
WITNESSETH:
THAT WHEREAS, in a certain special proceeding entitled "Joseph A. Bellio, individually, and as
Grantor, Trustee and Beneficiary of the Joseph A. Bellio Revocable Trust, as amended, vs. Jill A. Brown" brought
and pending before the Clerk of the Superior Court of Brunswick County, North Carolina, in File 18 SP 535, an
order was entered on January 29, 2019, by said court appointing said Grantor as Commissioner to sell at private
sale, subject to confirmation of the Court, the hereinafter described property; and
WHEREAS, the Grantor, acting as Commissioner as aforesaid, on May 22, 2019, reported to said
Court a private sale of the land hereinafter described to James M. Chirico, Jr, and wife, Bridget E. Chirico, at a price
of $ ; and
WHEREAS, said bid remained open for more than 10 days and no advance bid was made and no
objection offered to said sale; and
F�N,NC
WILM N
`'`�"� JAN 13 20
IIIII1gi IIII JI 11111II11111111111il e a I iui mmons.26.F
Brunsulek ounty, Regls er of Deed lsl page 2 of 3
WHEREAS, James M. Chirico, Jr, and wife, Bridget E. Chirico, have directed that the deed be made
1 to Grantee;
WHEREAS, on June 4, 2019, the court entered an order approving and confirming said sale and
directing said Grantor as Commissioner to make, execute and deliver unto said Grantee a good and sufficient deed
for said property upon payment to him of said purchase price; and
WHEREAS, said purchase price has been fully paid;
NOW, THEREFORE, said Grantor, acting as Commissioner as aforesaid, under authority of said
court order and in consideration of the purchase price of $ 1,260,000.00 paid by the Grantee, the receipt of which
is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, in fee
simple, all of that certain parcel of land situated in Southport, Brunswick County, North Carolina, and more
particularly described as follows:
BEING all of Tracts 1, 2, 2A and 213, according to a Survey by Tide Water Surveying
duly recorded in Map Cabinet 39 at Page 41 of the Brunswick County Registry,
said tracts having the metes, bounds and locations shown thereon. This property is also
shown on a Recombination Survey for James M. Chirico and Bridget Chirico of 122 &
128 Yacht Basin Dr. by Tide Water Land Surveying recorded in Map Cabinet 114 at
Page 7 of the Brunswick County Registry.
The above -described property is also known and identified as Brunswick County
Tax Parcels 237LFOI I and 237LFO1104 which Grantee is combining into one parcel.
This property does not include the primary residence of Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land, and all privileges and appurtenances
thereto belonging, to the Grantee and their heirs and assigns in fee simple in as full and ample a manner as said
Grantor as Commissioner is authorized and empowered to convey the same.
above written.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
M' \ I l . (SEAL)
Michael . Isenberg, Commissioner
RECEIVED
DCM WILMINGTON, NC
JAN 13 2020
ATE OF NORTH CAROLINA
QQ�fl e1 00-20-2018
COUNTY OF BRUNSWICK IIIIIIIIII IIIIII IIIII III'II'lll'�I IIIgre�de M. �emlm4o�re'x, aR�c Drurs ick County, NC Register of Deeds pegs 3 of 3
I, a Notary Public in and for the State and County aforesaid, do
hereby certify that Micha . Isenberg, Commissioner, personally appeared before me this day and acknowledged
the due and voluntary execution of the foregoing instrument for the purposes therein set forth.
Witness my hand and notarial seal, this the 2& day of June, 2019.
My commission expires: / a a7ALZ
a .^d��iL1, /h lGfn NOTARY PUBLIC
�.• +,
. NOTA01;
p'• ��9L1G i ci
Gy•
RECEIVED
DCM WILMINGTON, NC
JAN 1 3 2020
Hwy 133
III a Hwy 87
t ir'
K wy 211
` Site
Ql,
e
A/Wyy G.14
Site Location Map
40,
NTS
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Legend NOTES:
1. BASE CAD FILE FROM TIDEWATER LAND SURVEYING. RECEIVED
Property Boundary — — — — — 2. TAX PARCELS AND 2016 AERIAL FROM NCONEMAP. Project: Date: Rav son Dale:
3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR JAN 13 2020 LMG Yacht Basin Drive 10/21119 1/13/20
USACE Channel ENVIRONMENTAL PERMITTING ONLY. sale: Job Number -
ENVIRONMENTAL MANA4aM5Ni 0RUUP 1"=30' LMG19.194
yM.fl w�® Title:
DCM ILMI��/�TON, NC 3805 Wrightsville Ave Suite 15 Existing Conditions Drawn By: Sheet Number:
0 'S rrin BO wiminglon, North Carolina 28403 and Site Location WAD/GSF 1 of 4
910-452-0001 _.
LACAMA\2019 CAMA FILES\4MG/9.194 — Yacht Basin Eatery, Bridget -Jim Chidco\Yacht Basin Ddve.dwg
USACE NAVIGATION CHANNEL
PROPOSED PILINGS
(4 ALONG RIPARIAN CORRIDOR)
PROPOSED 32' X 6' DOCKS
I
8.64
� 00
16 CCt *009--
SCREEN /o
V'
PORCH A
3
PROPOSED12' X TRAMPS
EXISTING DECK
(NO CHANGES)
EXISTING RAMP TO
EXISTING DOCK TO 9.23 REMAIN
REMAIN \ /
O
DECK
°
° °STORM
DRAIN SD
° WATER
METER.
°
raPAM TREE1 °
CONCRETE
° ° ° 1 ° ° ° `
p POWER. POLE
Ndoo ¢-°fir �•e
Legend NOTES:
RECEIVED
1.
BASE CAD FILE FROM TIDE WATER LAND SURVEYING.
Property Boundary 2.
DOCK DESIGN FROM MCPHERSON MARINE SERVICES.
Project: Date: Revision Date:
3.
NO PROPOSED UPLAND DEVELOPMENT.
JAN 13 2020
LMG
10/2112019 Jt13120
Yacht Basin Drive
4.
LENGTH OF SHORELINE AT MHW (BULKHEAD) IS 66'.
Scale: Job Number:
5.
TAX PARCELS NCONEMAP.
rasa MANAGEMENT GROUP
tRrar4 wmM,
Tilie: 1 —10 LMG19.194
6.
NOT A SURVEYED OR ENGINEERED DRAWING. FOR
DCM WILMINGTON, INC
3805 Wrightsville Ave Suite 15
Plan Yew Detail Dram By: Sheet Number:
ENVIRONMENTAL PERMITTING ONLY.
0 WMCarolina
910or5 Carol
WAD/GSF 20t4
USACE NAVIGATION
-12
-11
Legend
Property Boundary
—
FAO
16 ,OD �oo�
2 . SCREEN A �
PORCH
°
X ° STORM
SD
101
10
-7 �A -4
-6
NOTES:
1. BASE CAD FILE FROM TIDE WATER LAND SURVEYING.
2. DOCK DESIGN FROM MCPHERSON MARINE SERVICES.
3. NO PROPOSED UPLAND DEVELOPMENT.
4. LENGTH OF SHORELINE AT MHW (BULKHEAD) IS 66'.
5. TAX PARCELS FROM NCONEMAP.
6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR
ENVIRONMENTAL PERMITTING ONLY.
0
o --
RECEIVED
JAN 13 2020
DCM WILMINGTON, INC
DECK
LMG
IACO MANAGEMENT GROUP
.o. * AP-,
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
DRAIN
1 WATER
,1 METER, 1
° °
PAM TREE ' a. 1
° 1 °
° CONCRETE
°
e 4
o ' POWER POLE
10/21/2019 1/13/20
Yacht Basin Drive
Swle: Job Number:
1"=10' LMG19.194
e: Plan View Detail
with Water Depths and Dram By: Sheet Number:
Slip Numbers WAD/GSF 3 of 4
- 73 p • WOOD I —\
• SC o FENCE '
12 o o EE h R
PoRC79
i Z
a i
0
o � �
a
4
• e n I
4 z
o ,
0 o • 4 STORM �Q1
I DRq/N so / "
A USACE Channel Existing Deck A,
J
0 ° 0+00 0+10 0+20 0+30 0+40
NOTES: RECEIVED
1. BASE CAD FILE FROM TIDE WATER LAND SURVEYING. Project: Date: Revision Date:
2. DOCK DESIGN FROM MCPHERSON MARINE SERVICES. T T /r� 10/21/2019 1n3i2D
L jy j Yacht Basin Drive
3. NO PROPOSED UPLAND DEVELOPMENT. JAN 13 2020 Scale: Job Number:
LARD hl"AGPl4RNT GROUP As Noted LMG19.194
4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ,car # am .m Title:
ENVIRONMENTAL PERMITTING ONLY. 3805WightsvilieAve Suite 15 Profile Dram By: Sheet Number.
DCM WILMINGTON, NC Wilmington, North Caroline 28403 GSF 4of4
910452-0001
ro ose x o In Doc
i
i
MHW
----
----
MLW
-4
roxl
a
e xl
In ra
e
L\CAMA\2019 CAMA FILES\LMG19.184 —yacht Basin —Eatery, BriegeWim Chinco\Yacht Basin Orive.awg
Major Permit Fee Schedule
IN
Project Name:
Wes^
County:
1�1 VV*YD-
Check No & Amount:
I aD- *1IU-�)
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
0% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
ll. 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
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas: