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HomeMy WebLinkAbout20200479 Ver 1_CAMA Application_202004071. 3 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William Barefoot LOCATION OF PROJECT SITE: 208 Water Street, adjacent to Banks Channel and Greenville Sound, in Wrightsville Beach, New Hanover County. Latitude: 34.191500 N Longitude:-77.810159 INVESTIGATION TYPE: CAMA/D&F INVESTIGATIVE PROCEDURE: Date of Site Visit — 03/26/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application: Complete 3/17/2020 Office —Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Wrightsville Beach Land Classification From LUP — Developed (high ground), Conservation (open water) (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned - N/A (F) Type of Structures: Existing — Single Family Residence, and shared docking facility (with 206 Water Street) that includes covered and uncovered platform, floating docks and boat lifts (6 slips), timber bulkhead Planned — Remove shared facility and construct private docking facility with fixed, covered platform, floating dock and one boat lift to accommodate 4 slips total; new vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGFD FILLED OTHER (A) Coastal Wetlands (B) Open water 100 SF from bulkhead 1243 SF (incorporated) (C) Other (Highground) 1000 SF (fill and disturbance from tie -backs) (D) Total Area Disturbed: 2343 SF (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new vinyl bulkhead, remove a shared docking facility and construct a new private docking facility to accommodate 4 boat slips adjacent to Banks Channel. William Barefoot Page 2 9. PROJECT DESCRIPTION: The project site is located at 208 Water Street, adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property, travel east from Military Cut -Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Take the immediate right onto Waynick Blvd. (N.C. Highway 76) and travel south approximately 1 mile until you come to South Lumina Ave. Take the immediate right onto South Lumina and travel approximately 0.5miles and take a right onto Northrop Street, which will terminate onto Water Street. Turn right onto Water Street and the property of interest will be located on the left. The lot is approximately 0.11 acres with 50' of shoreline frontage, which averages approximately 6 feet above mean sea level. The applicant maintains an existing single-family residence on the property. The current docking facility is a shared facility with the owners of 206 Water Street, and consists of a fixed pier, fixed covered platform, uncovered fixed platform, u shaped floating dock, rectangular floating dock, three boat lifts, and three PWC lifts, accommodating a total of 6 vessels and 3 jet skis. This facility was authorized under Major Permit 48-01, issued in 2001, and General Permit 43965D, issued in 2006. Due to space constraints, the property owners at both 206 and 208 water street seek to remove the shared facility, and construct two separate private facilities. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT: The applicant proposes to install a new vinyl bulkhead, remove a shared docking facility and construct a new private docking facility to accommodate 4 boat slips adjacent to Banks Channel. According to the application, the proposed docking facility would consist of a fixed access pier (48 ft. by 6 ft.), extending in northwesterly direction from the center of the property. A covered fixed platform (20 ft. by 20 ft.) is proposed on the northern side of the terminus of the fixed pier. From the waterward edge of the fixed pier, the applicant proposes a ramp extending to a floating dock, measuring 60 ft. in length by 6 ft. in width, oriented perpendicular to the shoreline. The applicant is proposing one boat lift (15 ft. by 13 ft.) on the northernmost waterward side of the proposed floating dock. According to the applicant, the proposed private docking facility would accommodate 4 boat slips in water depths ranging from -6.0' to -12.0' @ NLW. The applicant also proposes to replace the existing timber bulkhead along the length of the property, and construct a new 50 linear ft. vinyl bulkhead 2 ft. waterward of the existing bulkhead. There are no coastal wetlands present. William Barefoot Page 3 11. ANTICIPATED IMPACTS: The proposed docking facility would extend 120 ft. into a waterbody measuring approximately 1,000 ft. across which would meet the'/4 width distance. The proposed structures would incorporate 1243 sq. ft. of public trust area and estuarine waters. As proposed, the facility would also be approximately 3 ft. landward of the existing Town of Wrightsville Beach Pierhead Line and the northern side of the dock would encroach 6 ft. into the 15 ft. riparian corridor setback for 206 Water Street. A waiver has been obtained for the encroachment. The proposed docking facility would be located approximately 31 ft. from the docking facility to the north. The proposed facility would provide dockage for a total of four (4) vessels. The proposed bulkhead would incorporate an additional 100 sq. ft. of Public Trust Area, and would result in 1000 sq. ft. of high ground disturbance. No impacts are proposed to coastal wetlands. Minor increases in turbidity should be expected during project construction. Submitted by: Patrick Amico Date: March 26, 2020 Office: Wilmington PROPOSED PROJECT NARRATIVE Applicant: William Barefoot Project Address: 208 water street, Wrightsville Beach, NC 28480 Agent: Charles Duncan To Whom It May Concern, the purpose of this project is to give each property owner their own private docking facility. Currently 208 & 206 Water Street, Wrightsville Beach, NC 28480 have a shared pier, and docking facility. I am applying for a major CAMA permit for both 208 & 206 property owners for the demo & removal of the existing shared pier that is currently located on the property line of both properties. I am applying for two separate major permits to build both property owners their own individual pier & dock that meets all requirements. I am proposing to remove, and dispose of the shared pier, dock, pilings, and boatlifts. (Everything to do with shared pier to be removed and put back to original status) After pier and debris is completely removed, I am proposing to step out 2' in front of the original bulkhead and build a new vinyl bulkhead. After backfilling new bulkhead from landward side, then proposing to build a new private single family 6'x30' pier, 26'x20' fixed platform, ramping down to a 6'x60' floating dock, with 1- boatlift on one side (as shown in drawings) Purpose - The purpose for constructing a new bulkhead is due to yard sinking down, caused by leakage. Purpose for new pier & dock is these two neighbors have been sharing a pier for many years. It gets crowed on this pier & dock with two families with several children. In my opinion it is very dangerous for several boats to be coming in & out, with potential kids swimming. This seems to me to be to busy on a single private docking facility. It will be much safer for each property to have their own docking facility, and swimming area. The primary objective of the project is to provide the owner with a safe, functional residential pier and docking facility. The proposed project will provide safe boat access for the applicant without encroaching on either existing riparian corridors, other than the two in question which they both signed waivers for each other (206 & 208). The proposed 6'x 60' floating dock will provide the applicant with a total of four (4) wet slips. All proposed construction will occur well within the designated pier headline and clear of any local or federal navigation channel setbacks. 'ECEIVED FEB 21 2020 DCM WILMINGTON, NC TO: COURTNEY SPEARS, NCDEQ CC: WILLIAM BAREFOOT FROM: CHARLES DUNCAN / DUNCAN MARINE CONTRACTORS, INC DATE: 02/02/2020 Enclosed you will find permit application forms MP-1, MP-2, MP-4, as well as supplementary information required by DEQ. Duncan Marine Contractors, Inc / Charles Duncan will be permit agent, and point of contact. I have sent via certified mailings to each adjacent property owners with all information required by DEQ. Returned receipts are enclosed. Agent authorization form, and needed waiver form is enclosed as well, along with a $400.00 application fee. I am happy to address any further questions or requirements for this project at your request. Sincerely, Charles Duncan 910-520-5060 FEB 21 2020 DGM WILMINGTON, INC 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name WILLIAM P BAREFOOT Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1404 HEDGELAWN WAY Raleigh NC ZIP Country Phone No. FAX No. 27615 us ext. Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Duncan Marine Contractors, Inc Agent/ Contractor 1: First Name Charles MI Last Name Duncan Agent/ Contractor 2: First Name MI Last Name Mailing Address 2728 North 23'd Street PO Box City Wilmington State NC ZIP 28401 Phone No. 1 910- - 520 - 5060 ext. Phone No. 2 ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email charles@duncanmarineinc.com RECEIVED <Form continues on back> FEB 21 2020 UCU Wtl n4lnlr-10t ' NC 25 a 0 =2 ;:: 1r888,41RCOAST Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 208 Water Street Subdivision Name City State Zip Wrightsville Beach NC 28480- Phone No. Lot No.(s) (if many, attach additional page with list) ext. 5, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project kJHIT1; OAK &^IKS C_14AA1A16L- of 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 ElManmade []Unknown Atlantic Ocean / ICWW 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. Town Of Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 50 FT 5332 c. Size of. individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N 1A NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2 FT ENHW or EI NWL e. Vegetation on tract Grass f. Man-made features and uses now on tract SINGLE FAMILY RESIDENTIAL HOME g. Identify and describe the existing land uses adjacent to the proposed project site. RESIDENTIAL TO THE NORTH, VACANT TO THE SOUTH h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RO Single family fZf_9 1VF_A1-r1AL (Attach zoning compliance certificate, if applicable) ®Yes E]No [INA j. is the proposed activity part of an urban waterfront redevelopment proposal? E]Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes ®No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes ®No ®NA National Register listed or eligible property? <Form continues on next page> RECEI �r-_p 9 1, ?070 "IEW WILMIPW2TQN, 252-808-2808 --- 1-888-4RCOAST n -wwvv.ncc-oa maragement, not Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (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 SEWER o. Describe existing drinking water supply source. MUNICIPAL WATER p. Describe existing storm water management or treatment systems. OVER LAND FLOW TO MUNICIPAL STORM WATER SYSTEM 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. SINGLE FAMILY RESIDENCE WITH PRIVATE PIER, GAZEBO, FLOATING DOCK, & BOATLIFT 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 RESIDENTIAL PIER AND DOCK CONSTRUCTION METHODS. PROPOSED PILES INSTALLED BY A COMBINATION OF LAND AND BARGE BASED HYDROLIC JETTING, PILE DRIVING AND VIBRATORY HAMMER AS REQUIRED. d. List all development activities you propose. PROPOSED FIXED PIER, GAZEBO, SWIM PLATFORM AND FLOATING DOCK TO BE CONSTRUCTED AS SHOWN ON PLANS e. Are the proposed activities maintenance of an existing project, new work, or both? NEW WORK 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. NA i. Will wastewater or stormwater be discharged into a wetland? []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. <Form continues on back> RECEIVED` tCOAST TON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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) (f) 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 ROY'GAINES Phone No. Address 4201 LAKE BOONE TRAIL_ SUITE 2, RALEIGH, NC 27607 Name CRF HOLDING 11, LLC Phone No. Address 1945 FORDHAM DRIVE, FAYETTEVILLE, NC 28304 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date DUN 2-2-2020 Print Name WILLIAM BARE FOOT/CHARLES Signature Please indicate application attachments pertaining to your proposed project. XDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information FEB 2 12020 0CM WILMINGTON, NC p 8= 8 e: 1 88 Y4 COAST K6 WWW_ ecoasta I -a iim-x 9ement."O} Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length Width Avg. Existing NA NA' Depth Final Project NA NA Depth 4. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. C. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes [:]No ❑NA ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes []No ❑NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas. RECEIVED g ),1 2020 DCM WILMINGTON, NO 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: C. Average distance waterward of NHW or NWL: 2' e. Type of stabilization material: VINYL g. Number of square feet of fill to be placed below water level. Bulkhead backfill 100SF @NHW Riprap Breakwater/Sill Other i. Source of fill material. CLEAN FILL SAND b. Length: 50' Width: 12" d. Maximum distance waterward of NHW or NWL: 2' @ NHW f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. SANDY 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouqht to the site? ®Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 2'X6'X50' (iv) Purpose of fill TO BACKFILL NEW BULKHEAD submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: BACK FILL ONLY WILL GO LANDWARD OF NEW BULKHEAD 5. ` GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? NA WATER JET, PUMP, AND BOBCAT C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYIMARINA CHARACTERISTICS 0This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No r(' r]d.( Are Finger Piers included? ❑Yes ®No c. (i)Xr3 `- C1 cx-4(ii) yes: -�- - -f (iiiI v`t ' j (ii) Number 0 (ivt,;;._� i Ki +s (iii) Length (vs 17No (iv) Width (v) Floating ❑Yes ❑No e. (i)Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ONO If yes: (�£ �. �.... tvj `I If yes. Number 1 C (ii) Number 1 Length 15' Len (iii) th _ �/ �C^ / (w ) g �� (iv) W 6' (iv) Width 13' loating IZNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing 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: 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: 20' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). MIXED TYPE RECREATIONAL I. (i) Will the facility be open to the general public? ❑Yes ®No > ECEIVEr) MAR 17 2020 �Cil4 WILMINGTON, NC Fore DCM MP- �Structurees, Page 2. DOCKING FACILITYIMARINA OPERATIONS gThis 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: ; Location: ❑ 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 "Pumpout 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? MAR 17 2020 ❑Yes ❑No E)CM W'? AINCTON, NC revised., 12_`27/06 Form DCM MP-4 iStr cture , Page 3 of 41 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 OWL ❑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 (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 (ii) 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• Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL' d. Description of buoy (color, inscription, size, anchor, etc.) DCM WILMINGTON, NC Fore DCM A P- (Structures, Page 4 i,-,f 40 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15' 30' Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1000, d. Water depth at waterward end of structure at NLW or NWL 12'+ NLW e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 18. OTHEREl This section not applicable a. Give complete description: New Bulkhead, Pier, Platform, Floating Dock, and Boatlift as shown & described on attached narritive, and drawing 2-2-2020 pp cant Signature RECEI . ED MAR 17 2020 DCM WILMINGTON, NC ' ev se& ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management April 3, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • William Barefoot / New Hanover County • Roy Gaines & Charles Duncan / New Hanover County Hello Angie: Please publish the attached Notice in the Wednesday, April 8, 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. qan cerely, ya Pieti a Permittmg Support & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE State of North CazolinaNpwonmentalTICE W F� �LI T�GaOFt 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 17, 2020, William Barefoot proposed to remove a shared docking facility, replacing with a newprivate four (4) slip docking facility w/new vinyl bulkhead at 208 Water St., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County; and on April 1, 2020, Roy Gaines proposed to remove a shared docking facility, replacing with a new privatefive (5) slip docking facility w/new vinyl bulkhead at 206 Water St., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 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 April 29, 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. ROY COOPER NORTH CAROLINA Governor Environmental Quality NCHAEL S. REGAN Secretary BRAXTON C. DAVIS March 26, 2020 Director Duncan Marine. c/o Charles Duncan 2728 N 23" Street Wilmington, NC 28401-2755 Dear Mr. Duncan, The Division of Coastal Management hereby acknowledges receipt of your application as acting agent for William Barefoot, for State approval for development of the subject property located at 208 Water Street, adjacent to adjacent to the Banks Channel and Greenville Sound in Wrightsville Beach, New Hanover County. It was received as complete on March 17, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 31, 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 March 17, 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, Patrick Amico Field Representative cc: DCM USACE DWR Tony Wilson, LPO William Barefoot, Applicant 4NORT�HDEQ�� 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 40 ■ s '= U J to CL m W . U — U — ,Q•— _� 'jaZ W � L C (Q V O J W m Ucf: Qw I— U ZLL OU- Up J ~ Q� Ww 0Cl- W J MQ OU �O CZw O= L� 0 Z Ln n O W 11 N Z o a C v v .- L Nam e- 3: L _� o N N N �v .� z o Z Q d = t 0 U_ J Z Q NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary AGENT AUTHORIZATION FORM n � `7L, �? e i Date: % � Name of Property Owner Applying for Permit: Name of Authorized,/Agent for this project: Owner's Mailing Address: Email: Phone Agent's Mailing Address: 11 ? Zd moo' 2 S Email: Phone i ,roc i I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all CAMA Permits necessary to install or construct the following (activity): For my property located at This certification is valid 1 year from (date) Z y Zer24 Property Owner Signature Date N.C. Division of Coastal Management RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151FAX:910-395-3964Internet: www.n=astalmanagement.net FEB 2 J 2C An Equal Opportunity 1 Affirmative Action Employer �C+}o W INII I Eta GT0 N , N G CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of individual applying for the permit' Charles Duncan / Duncan Marine Contractors, Inc Address of property: 006 (Lot or street#, street of road) Wrightsville Beach, NC 28480 (NHC) (City & County) I hereby certify the I own property adjacent to the above referenced property. The Individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimyisions, should be provided whit this letter. (Initial Here)*,have no objections to this proposal If you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified Mail. Waiver Section I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me.£ p' I do wish to waive the 15' setback requirement Fj- I do not wish to waive the 15" setback requirements -7 Sig ture ( Date RECEIVED Print Aame FEB 2 12020 q1 !1---b l Z -- T DCM WILMINGTON, NC Telephone number with area code NOTE: Please, initial where It say's, I do not have any objections to this proposal, fill out name, phone number, and sign please. If you have any questions what so ever please call me Charles Duncan @ 910-520-5060 Thank you kindly!_ IN 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 mailpiece, or on the front if space permits. 1. Article Addressed to: q26/ A. Signature X K �j EPAgent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery -T(t((60.CG,6Cnaine✓ *2 - 7 ?hZZ) D. Is delivery address different from item 1? ❑ If YES t i1VE pVLM p,),w; eNcr DCM WILMINGTON, Nlv FEB 2 i 2020 II I'II 3. Service Type ❑ Priority Mail Express® �I I'll I�I I (III I I I'IIII� I I I II I II III ❑ Adult Signature ❑ Registered Mail- f j ❑ Adult Signature Restricted Delivery ❑ Registered Mall Restricted 9590 9402 5405 9189 0702 42 11 certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise _ .aPrvice label) 7018 3090 ❑ Collect on Delivery Restricted Delivery " 1-1-rt Mail ElSignature ConfirmationTM ❑ Signature Confirmation 0 0 0 1 H lJ 1 066 6 6 0956 Mail Restricted Delivery Restricted Delivery - - 00) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt IN Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X s ��u Hgent so that we can return the card to you. ❑ Addressee ■ Attach this card to the back of the mailpiece, B. Received By (Printed Name) C ate of Delivery or on the front if space oermits- D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 1. Article Addressed to: C ikF r/7)01Jt i 11 LL�- 1 � qj— 74a r,--� % � -, � F,,,X r 4 eLvd)j NtA- 283�� RECEIVED E)CM WILM1N II I'III�I IIII IIII I IIIIIII Se Type ❑ AdultdintService 11 Signature ❑ Priority Mail Express® I'I I I I II I II I II III3. ❑ Adult Signature Restricted Delivery ❑Registered MailTM ❑ Registered Mail Restricted 9590 9402 5405 9189 0702 66 El Certified Mail® ❑ Certified Mail Restricted Delivery Delivery ❑Return Receipt for _ _ 2• '-' ❑ Collect on Delivery Merchandise -" tt 7 018 3090 0001 9 0 6 6 ❑ Collect on Delivery Restricted Delivery 09 4 9 ❑ Signature ConfirmationTM ❑ Signature Confirmation iestricted Delivery Restricted Delivery PS Form 3811, Juiy 2015 PSN 7530-02-000-9053 Domestic Return Receipt NORTH CAROLINA Environmental Quality April 6, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(a)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: William Barefoot ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 208 Water St., adjacent to Banks Channel, in Wrightsville Beach New Hanover County Proposed Project: Proposal to install new vinyl bulkhead and remove a shared docking facility to build a new private docking facility to accommodate four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by April 29, 2020. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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. PRINT NAME AGENCY SIGNATURE DATE State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 2004033714 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER COUNTY; NC 2N4 JUN 25 01:29; 4B PM BK:4382 P6: 03-56i FEE $23.00 MIRUTJ # N 33,11 DECLARATION OF EASEMENTS AND AGREEMENTS FOR ACCESS, USE, MAINTENACNE, REPAIR AND REPLACMENT OF PRIVATE PIER AND DOCK FACILITY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION AND AGREEMENT, entered into this ts-k day of June, 2004, by and between WILLIAM PLAYER BAREFOOT and wife, ROMY G. BAREFOOT (hereinafter referred to as "BAREFOOT"), parry of the first part; and ROY E. GAINES, JR., and wife, TRELLACE E. GAINES (hereinafter referred to as "GAINES"), party of the second part. The designations BAREFOOT and GAINES as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, the parties own adjoining lots in the Town of Wrightsville Beach in New Hanover County, North Carolina, the property of BAREFOOT being known as Lot 5 in Block U, Seaforth Subdivision (hereinafter "Lot 5") according to the plat thereof recorded in Map Book 4 at Page 9 of the New Hanover county Registry (the "Recorded Plat") and the property of GAINES being Lot 4 in Block U, Seaforth Subdivision (hereinafter "Lot 4") as shown on the Recorded Plat; and WHEREAS, the owners of Lots 4 and 5, Block U, Seaforth, (hereinafter the "Lot Owners") share ownership of a common pier and dock facility (the "Common Pier") that extends westwardly along the dividing between the two lots into the waters of Banks Channel and the parties hereto desire to enter into this Declaration to confirm their joint ownership of said pier and dock facility, the rights of access to, and ingress and egress over the Common Pier and for the maintenance and upkeep repair and replacement thereof. FCFj,VF-® FEB 21 ZM NOW THEREFORE, in consideration of the mutual benefits to be realized by the joint ownership, use and enjoyment of the pier and dock facility, the mutual agreements set forth herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Lot Owners do hereby agree as follows: 1. Lot 5 Easement. BAREFOOT does hereby establish, give, grant, and convey to GAINES their heirs, successors in title and assigns, a non-exclusive easement appurtenant to Lot 4 for (i) ingress and egress over that portion of Lot 5 at the entrance.to the pier and dock facility, for the purpose of (i) access to and walking upon and across the private common pier located between said adjoining lots and (ii) for the purpose of maintenance, upkeep, repair and replacement of the pier and dock facility and for the installation, repair, maintenance and replacement of water and electrical service to the said pier and dock facility. 2. Lot 4 Easement. GAINES does hereby establish, give, grant, and convey to BAREFOOT their heirs, successors in title and assigns, a non-exclusive easement appurtenant to Lot 5 for (i) ingress and egress over that portion of Lot 4 at the entrance to the pier and dock facility; for the purpose of (i) access to and walking upon and across the private common pier located between said adjoining lots and (ii) for the purpose of installation, maintenance, and repair and replacement of the pier and dock and for the installation, repair, maintenance and replacement of water and-electricaLservice to the said pier and dock facility. In connection with this. Declaration of Easements and Agreement, and in order to make such easements and the joint use and enjoyment of the pier and dock facilities effective for the purposes contained herein, BAREFOOT and GAINES do further agree as follows: 3 Description. The main body of the pier has a central isle running in a generally east to west direction along an extension of the dividing line between Lots 4 and 5, Block U; Seaforth (if said dividing line were extended westwardly) to a point where it widens into platform with a roof or gazebo that is connected to a floating dock at approximately the pier head line of the waters of Banks Channel with floating docks located on the north and south sides of the central pier 4. Use of Pier and dock facility. The pier and gazebo are for the joint use and enjoyment of the owners of Lots 4 and 5, but no party shall use the pier so as to deprive any other party of the use and enjoyment of the pier and dock facility. All slips and floating docks on the north side of the Common Pier are for the exclusive use of GAINES, and their successors in title as owners of Lot 4. All slips and floating docks on the south side of the Common Pier are for the exclusive use of BAREFOOT and their successors in title as owners of Lot 5. 5. Use by Others. The pier and docks are for the exclusive use of the Lot Owners, and shall not be used by others except with the prior consent of the parties hereto or their successors in title as the owners of Lots 4 and 5. 6. Maintenance. BAREFOOT and GAINES shall contribute equally to the cost of maintenance, upkeep, repair and replacement of the pier and dock facility and shall jointly make the determination as to what maintenance and/or repair is required and at what cost. If the Lot Owners 2 .r FEB 21 2020 QCM WILMINGTON, NC cannot agree upon the repairs, maintenance, or cost thereof either Lot Owner may require that any dispute concerning the maintenance or repairs or cost thereof be submitted to binding arbitration under N.C. General Statute Sec. 1-567.1, et seq., as it may be from time to time amended, by notice mailed to the other record owner(s) at their last known addresses as shown on the New Hanover County Tax Listings by registered or certified mail, return receipt requested. 7. Damage. Each Lot owner shall be responsible for repair of any damage caused by such lot owner, and/or his guests, tenants, invitees, or anyone else using the pier and/or dock facilities under such lot owner's supervision or control. 8. Insurance Included as a cost of maintenance of the pier shall be the annual premiums due on a policy of liability insurance, in such amount and upon such terms as shall be agreed upon between the Lot Owners, to protect the Lot Owners from liability or from any loss or damage of the parries using the pier. 9. Obstructions. No party hereto, nor their successors in title and/or assigns, shall, at any time erect, construct, or place any obstruction or barrier in the common access located between Lot 4 and Lot 5 or on the Common Pier or in any manner interfere with or restrict the full and complete use and eizjoymert by either I -t Ownner of the easements Herein granted. 10. Easements are Perpetual. The easements, restrictions, and agreements provided for herein shall be effective upon execution of this Comprehensive Declaration of Easements by the parties hereto. The easements provided for herein shall be perpetual and shall run with the land and shall constitute reciprocal benefits to and burdens upon Lots 4 and 5 by whomsoever owned, regardless of whether they are contained in any fixture deed or other muniment of title. The easements provided for herein shall inure to the benefit of and be binding upon the respective successors, assigns, heirs, and tenants of each party hereto and the customers, employees, and invitees of such parties, and shall remain in full force and effect and shall be unaffected by any change in ownership of Lots 4 and 5 or either of them, or by any change of use, demolition, reconstruction, expansion, of the residences on said lots, or other circumstances, except as specified herein. The agreement and undertakings by each party hereto shall be enforceable by an action in law or equity. 11. This instrument does not dedicate the said easements contained herein to the general public, nor does this instrument restrict the use and development of Lot 4 or Lot 5 except as stated herein. It is the intent of this instrument to grant reciprocal easements over the common pier jointly owned by the parties, and to establish rights and duties of the parties and their successors in title, with respect to the joint use, maintenance, upkeep, repair and replacement of the pier and dock facility. (Signature Page follows) 3 RECEIVED FEB 21 2020 0CM WILMINGTON, NC IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. (SEAL) ILLIAM PLA DER B FFOOT ROMY TRELLACE E. STATE OF NORTH CAROLINA COUNTY OF NeIZ ga r►C XY' 60 .IR. (SEAL) I, At dY bl"t'[pi � 1 0-%5 a Notary Public in and for the aforesaid County and State do hereby certify that WILLIAM PLAYER BAREFOOT and wife, ROMP G. BAREFOOT and ROY E. GAINES, JR., and wife, TRELLACE E. GAINES personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. This the day of �L.Vl sv$,Z , 2004. My COMM sion xpi es: Notarylublic (NOTARI SE L) .���� c�.!Fro/,�-� moo• .�'o tee'• '�'- • NOTARY `,tP PUBLIC . t; • ►.I RECEIVED FEB 2 12020 CCM W10AINGTON, NC REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 06/25/2004 01:29:40 PM Book: RE 4382 Page: 603-607 Document No.: 2004033714 DECL 5 PGS $23.00 Recorder: MARVIS ANN STORER State of North Carolina, County of New Hanover The foregoing certificate of AUDREY CLIFTON ROSS Notary is certified to be correct. This 25TH of June 2004 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: ! �J�v�✓ J C�! Deputy/Aasktant Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. RECEIVED *2004033714* FEB 21 2020 2004033714 DCM WILMINGTON, NC � ��e sa sa ors ° . ': � � A� , }t a y S c v � _•_ v7k All - e jet n fir. h �3 M TfN E � 47 J jr N h)f?l L. Z 11 0 1 ! .. 08133 15' tl-h oOts iib0/✓ - J .___ tz gg ♦ � i u �' N a � h � - ..J 0�1m ��` - 1• N 4 '> ss.�..v -YA �- //1i. - i" AMC - . D:c� �-mCx �- �• �,a ,r.9aa1S' ._ ao7�c �i� � 9v -alai- - --_ - °�� a h.0 j � ... - I o W a, c=i F- w I m A n ~ N Y W N pap) Z E WQw a�V o N o` r 80c,18800 / r1 woo_ w J1 oboO oo — — — — — m—oolumoo� c Fw NVINWIM�hF / =J _. �� I I I II i o 1- I 10,r1 71 ,I NVIaVdlM .' // -o ru$ =m - w --- �0 CD Er w N I C � �'I omcWi L ��ga 0 ��_ � l ill, z 7 rri I I I 1�— 1 -- —I I a,/y 00 O W o o I I zpZO 0 �za z z z '�°� x x �x �x �X �x N w — J aoaiaaoo NVIaVdIN J o v aoalaaoo I NVIHVdla O N Oco W o p I 3I 66 i n Z' m F" WOE; 1 OF 11 F IN ro� NE W �i \ ■I- 3 a 'z a 0 DO w ao O o a o oED � N LU _ a LL LL t to U) O LL U } Z O I I 3 LL J co � F co 4 W U Q W Z a CO W LL U N r a co a 1 ,20' DCM WILMINGTON, NC Major Permit Fee Schedule Project Name: 5a r'�f P�'C'_t County: ,I� n Fact:'('U i GL Check No & Amount: 3j C- Co DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Qualit $250 100% ($250) 0% ($0) Certification No. 4175 can be appli 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: I11(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: