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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. i[I>li1�Yi[aIL1l�grlh4lr]eNYl6'� 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 N N O J LU O co U cc 0 Q LU U N oLL co Q� Uo r�1 LULU 20 Cc) LU J LL cr U O T 1 �Lu CC: Lu o� w OEM EL w o rr J ELU) ow v U a _ Q V N J N 7 a p u c t7 N r. 7� — r c .' L U I -or a 9 E N C cc w ° L. = Zo fn O M \V W •N y N C C L z CO 9 = M y J Ot m e U CL �� a Q 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 , eettwc*. you tnusl mitts! tte .. OFIpropnslr u ark oe.aw de vvsh la want. Ih% 1 6 rsrrtt wA ra.au rest a x I do not wish Ic waive ow °f; rr>xonux rrmutnntq.�_ —JP ropetsy Ow nfwnt url) tAd scent Pt Information: 1 op Rt+i�mer Infnrmaon �•jL ., .. � � � sass nr<Y�r fjR7 WRn�r, 1.,t_ ;�rm�r",'rim .virr�n� 4_ ilt"dj *Akv AdImm Ta h� o,ilrrntt-o{{ ;efoWw+��Aan1i.-- jVA Ad N01A0V,, beK 2 [)t ga- Cam. er._t `1 RECEIVED JAN 13 2020 DCM WILMINGTON, NC Pastal,Service'" RTi IFD MAID@ RF[`Fl ir ld --'i- m � Ez�vicos 8�f'c�s �riisue::.wtil�'�R'�Qiei.. aCl ❑fietum new�nronk»Py) s �"4A!:41(1 . � (]aeWm PxelOi le!e troNo) &_..��� Po61(f�9lk p �cenrwa rd Ji gefttwictl oair,�y �.___ I .flit p p (]%&QGMum gegWmd SJ..LQ_ ❑f¢klt 8gxorro geeMMeO Wlawiy 9_ Er p vosfago — 4i 75 —" m TOW A yt ..n p5 —� 10/30/2019 s r' nllrnllc, l9Ytd-� 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 O H r w.. t`16 UG `n Poetege i0--$2.8060 ce seed Fee $0.00 o O Setum nooV Fee Here fO. Q() Po oftnwk O (Endorsement R"olred) $n,00_ O A"Mcfell Delivery Feo l t (Enareumera flogkw f ` ru We] Postage &1,.5 . 01/24/2020 to E3 To )... Yid! ......................... «PoorM.22 QpdTR�T ....................... rvir. sro%me , ■ 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 13 Apra p No ❑ Priority hell Explesse ❑ flepiefered MalVe .blcled Delivery ClD slo Mailfloslriated cted DelNmy 13Sol tfor � Morch"Restrided Dolimy CI Spoohrte Coofimtnt`oo` n signature Conremetfon ;led DelNery 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 1 v 1n •. 1 Z Q a. �13 sroce ox 12 •x FrzR • 11 nerex. • liee'' •• „•1 ICbucr.[re••' UCC �• 1 8 ;3 v. -7 -4 ...::', .. I e +t ;f 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: