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
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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
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D. Is delivery address different from item 1? ❑
If YES t i1VE pVLM p,),w; eNcr
DCM WILMINGTON, Nlv
FEB 2 i 2020
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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:
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RECEIVED
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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
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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: