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HomeMy WebLinkAbout20190554 Ver 2_CAMA Application_20200415DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Preservation Point Partners c/o Scott Rye 2. LOCATION OF PROJECT SITE: 1505 Castle Hayne Road in New Hanover County, adjacent to the North East Cape Fear River and Smith Creek. Lat:34°16"08.83"N Long:77°56"30.00"1N 3. INVESTIGATION TYPE: CAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/20/20 (with Agent) 5. PROCESSING PROCEDURE: Application Received 2/13/20 Complete - 3/24/20 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP - Highground- General Residential Open Water- Conservation (B) AEC(s) Involved: EW, ES, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - None Planned - Future tie-in to municipal system (F) Type of Structures: Existing - Undeveloped Land Planned - 133 housing unit subdivision, 98 slip community marina, boardwalks, observation pier, two kayak launch docks, activity center with associated amenities, open air pavilion, roads, utilities and grading (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Section 404 1,656 sq. ft. 4263 sq. ft. Shaded (B) Section 404/Coastal Wetlands 22,619 sq. ft. (C) Open Water 300 s ft. q� 15,342 sq. ft. (breakwater) (d) Other (Highground) 9,832 sq. ft. (amenities) Total 55 Acres (D) Total Area Disturbed: -56 Acres (E) Primary Nursery Area: NECFR - Yes; Smith Creek - No (F) Water Classification. NECFR- SC, Sw; Smith Creek - C;Sw Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a 133 unit subdivision, open pavilion and amenity area, boardwalks and a 98-slip community marina within the Northeast Cape Fear River, including two kayak launches on Smith Creek and an un-named tributary, adjacent to the Northeast Cape Fear River (NECFR). Preservation Point Partners c/o Scott Rye Page 2 9. PROJECT DESCRIPTION: The project site is located at 1505 Castle Hayne Road, in Castle Hayne adjacent to the Northeast Cape Fear River (NECFR) in New Hanover County. There are 5 parcels that make up the project area adjacent to Castle Hayne Road north of Smith Creek. Parcel ID's are R04100-001-002-000, R04100- 001-016-000, R04100-001-015-000, R041000-001-028-000 and R04100-001-150-000. The site is located approximately 0.2 miles north of the HWY 133 exit ramp off of MILK Parkway on the left. The water dependent portion of the project site is bordered by the NECFR to the west, Castle Hayne Road to the east, Smith Creek to the south and an un-named tributary to the north. The project site is comprised of five individual tax parcels totaling approximately 234-acres, which is owned by Preservation Point Partners, LLC (applicant). The entire project site has approximately 2,170 linear feet (LF) of shoreline frontage along the NECFR and Smith Creek and has elevations of 25 ft. above normal high water (NHW). Parcel R04100-001-002-000 is the largest and is adjacent to the NECFR, Smith Creek and the un-named tributary. A relic spoil island known as "Corbett Island" is also located on this parcel. From the mainland, the highground area transitions towards the west into an area of section 404 wetlands, and then into a large span of Narrow Leaf Cattails (Typha spp.), measuring approximately 1500 ft. in width. This marsh area is transected by extensive historical ditching which connects to Smith Creek located to the south of the project site, and an unnamed tributary to the Northeast Cape Fear River on the northern portion of the project site. The existing ditching within the project site is navigable with water depths at approximately -2 to -7 feet at normal low water (NLW). The approximately 9 acre highground spoil site area on the most western portion of the project site is adjacent to the NECFR. This area appears to be an old spoil dome from previous dredging events, which currently consists of upland vegetation including oak and pine trees. The vegetation then transitions into a span of Phragmites and then Coastal Wetlands consisting primarily of Giant Cordgrass (Spartina cynosuroides), Sawgrass (Cladium jamaicens), Bulrush (Scirpus spp.) and Smooth Cordgrass (Spartina altemiflora). The spoil island has an elevation of approximately 10 ft. above NHW. The application states that permits have been obtained from the USACE for Section 404 wetland impacts for road construction and infrastructure on the highground portions of the project to the east. The application states that permits have been obtained from the USACE and DWR for 0.379 acres of permanent Section 404 wetland impacts for 7 road crossings and 0.015 acres of temporary impact for infrastructure installation (SAW-2019-00719, SAW 2009-04010, SAW-2007-04010 and SAW-2007- 03781) (Attachment K) and NC DWR Permit No. 2019-0554 V1 was issued on 6/11/19 (Attachment J). The applicant further states that low density stormwater treatment for discharge to the NECFR was authorized by NC DEMLR (SW8 190701) on 7/16/19. Additional authorizations that have been obtained include a New Hanover County (NHC) Land Disturbance Permit (29-19) issued on 1/17/20, a NHC stormwater permit (784-12/20/19) issued on 12/20/19 and a NHC Special Use Permit for marina construction (Z17-09) issued on 1/24/20 (Attachment Q). The application indicates that the Cape Fear Public Utility Authority sewer services are not yet available to the subdivision. Onsite septic is proposed for the development of the amenities on the spoil island. The applicant has stated that comments from the NC State Historic Preservation Office and the US Fish and Wildlife Service from the previous permitting process indicated that the proposed work would not likely adversely impact Preservation Point Partners c/o Scott Rye Page 3 the adjacent resources. Previous authorization for wetland impacts were mitigated by payment to the NECFR Umbrella Mitigation Bank (NECFRUMB) (Appendix L), it is not clear if all impacts have been completed at this time. The Wilmington -New Hanover County LUP classifies the upland areas of the project site as General Residential and the open water as Conservation. The waters of the NECFR are classified as SC; Sw and the waters of Smith creek as classified as C;Sw by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has designated this area of the NECFR as Primary Nursery Area, but Smith Creek is designated as inland waters, and not designated as a PNA. Both areas are closed to the harvesting of shellfish. The USACE federally maintained navigation channel is located approximately 830 ft. waterward of the NHW level. The width of the river in the project location is approximately 1320 ft. across the river. PROPOSED PROJECT: The applicant is proposing to construct a 133 unit subdivision, open pavilion and amenity area, boardwalks and a 98-slip community marina within the NECFR, including with two kayak launches within Smith Creek and an un-named tributary, adjacent to the NECFR. The applicant proposes an open water marina that would serve the proposed upland subdivision. The main high ground portion of the project is included in this project application, however, the majority of the wetland impacts are already previously authorized under the aforementioned permits from the USACE and the NCDWR. The proposed upland development includes 133 residential unit subdivision infrastructure including: roads, utilities, stormwater system and land clearing resulting in a total of approximately 55 acres of disturbance. An 0.1 acre (4263 sq. ft.) of permanent Section 404 wetland impact is being proposed for a 36 ft. by 46 ft. scour hole and two areas of rip rap measuring 8 ft. by 10 ft. and 16 ft. by 22 ft. for stormwater conveyance. A road crossing is also proposed for an additional 2372 sq. ft. of impact for a total of 0.48 acres of cumulative permanent wetland impacts project wide (see Narrative, MP-2, Sheet CW-1, Sheet CW—D1 and Appendix F). The applicant estimates that there will be approximately 0.81 acres of temporary wetland impacts project wide. The applicant is currently proposing to purchase an additional 0.2 acres of riparian restoration credit from the (NECFRUMB) for the additional proposed impacts. The application states that approximately 24.5% of the entire project area would be covered by impervious and/or built upon area. As proposed the upland development would be located outside the 75 ft. Estuarine Shoreline Area of Environmental Concern (AEC). From the high ground a 1627 ft. long by 10 ft. wide boardwalk is proposed beginning between lots 2- 41 and 2-42 to connect the subdivision to the spoil island where the amenity area is being proposed. A 15 ft. by 15 ft. gazebo is proposed on the west side of the boardwalk adjacent to the beginning of the boardwalk. This gazebo would shade approximately 56 sq. ft. of Section 404 wetland area and would be elevated 4 ft. above the wetland substrate as would the entire boardwalk that spans wetland area. The proposed boardwalk would span over both Section 404 and Coastal Wetland Areas (see Sheets 1-1, A-1 and A-2). The applicant has included a letter from the New Hanover County fire department indicating that the boardwalk would need to be 10 ft. in width to meet code (Appendix M). There is an approximately 10 ft. wide section of navigable water that will be spanned with a minimum of 6 ft. of clearance above NHW to allow continued navigation (see Sheet A-1 profile). The applicant is proposing a 20 ft. wide temporary construction corridor with 10 ft. being the boardwalk template and the other 10 ft. adjacent to the boardwalk for potential wetland impacts. The proposal states that logging mats would be used to cross wetlands and that any impacted areas would be returned to the original grade and contour. The proposed boardwalk would terminate at the spoil island and would lead to two mulched cart paths circumnavigating the spoil island and providing access to the proposed kayak launches and the Preservation Point Partners c/o Scott Rye Page 4 outdoor pavilion (see Sheet 1-2). Walking paths are also proposed throughout the spoil island. The northern cart path would lead to a canoe/kayak launch adjacent to an unnamed tributary, which is approximately 56 ft. wide in this area (see Sheet B-1). A 23 ft. long by 13 ft. wide (299 sq. ft.) kayak storage area is proposed on the high ground to the south of the proposed pier. A 9 ft. long by 19 ft. wide (171 sq. ft.) gazebo is proposed on the high ground leading to a 231 ft. long by 6 ft. wide pier spanning both Section 404 and Coastal Wetlands. The pier would terminate in an 18 ft. long by 8 ft. wide T-head with two 8 ft. long by 3 ft. wide floating docks on either side oriented perpendicular to the shoreline. This unnamed tributary is not designated as a PNA and water depths are approximately - 1.5 ft. at NLW. The southern path would also lead to a canoe/kayak launch with an additional 23 ft. long by 13 ft. wide (299 sq. ft.) kayak storage area to the north of the proposed pier, this launch is adjacent to Smith Creek within a mosquito ditch that measures approximately 43 ft. across (see Sheet C-1). An additional 9 ft. long by 19 ft. wide (171 sq. ft.) gazebo is proposed on the high ground in this location leading to a 216 ft. long by 6 ft. wide pier spanning both Section 404 and Coastal Wetlands. The pier would terminate in an 18 ft. long by 6 ft. wide L-head with one 8 ft. long by 3 ft. wide floating dock to the west oriented perpendicular to the shoreline in water depths of less than -1 ft. at NLW. The proposed kayak dock would not exceed 1/4 width of the waterbody and Smith Creek is not designated as a PNA. Both northern and southern cart paths lead to the proposed 55 ft. long by 100 ft. wide open air pavilion on the western side of the spoil island. Other proposed amenities on the high ground of the spoil island include a 1,407 sq. ft. miniature golf course and two 44 f.t long by 20 ft. wide pickle ball courts. According to the applicant the total BUA for the amenities area would be 9,832 sq. ft. Mulched parking areas are located adjacent to the kayak launch piers, the pickle ball courts and the proposed outdoor pavilion (see Sheet 1-2). A path leading from the open air pavilion to the marina would terminate at the wetland line. As proposed the upland development would be located outside the 75-foot Estuarine Shoreline Area of Environmental Concern. A fixed pier measuring approximately 330 ft. in length by 10 ft. in width, with a 20 ft. wide temporary construction corridor within the wetland areas, would cross wetland areas to access the proposed community marina. Approximately 320 ft. of the marine docking facility extends below NHW. The pier would lead via access ramp to a floating dock, extending into the NECFR, measuring approximately 101 ft. long by 10 ft. wide in water depths ranging from —2.2 ft. —9.5 ft. at NLW. This floating dock terminates at a 909 sq. ft. long by 10 ft. wide main floating dock, oriented parallel to shoreline, that provides access to the proposed 98 boat slips (see Sheets D-1 and D-2). As proposed, 48 floating finger piers, each measuring approximately 30 ft. to 50 ft, in length by 4 feet in width would extend both waterward and landward from this main floating dock spine, and would be spaced approximately 30ft.- 50 ft. feet apart with a total of 63 tie pilings. Two 85 ft. long by 8 ft. wide floating docks are proposed at the northern and southern ends of the access float. The proposed slips would accommodate approximately 98 designated vessels ranging from 20 feet to 45 ft. in length in water depths ranging from -9 ft. to -13 ft. at NLW. The applicant is also proposing to construct two approximately 150 feet in length by 1 feet in width "debris deflectors" or breakwaters adjacent to the north and south end of the marina. (see Sheets D- 1 and D-2). The proposed debris deflectors would be located approximately 350 ft. waterward of NHW at the farthest point point. The proposed debris reflector would be constructed of vertical pilings with 10" horizontal pipes, the pipes pipe would be attached to the pilings, float from just above the water level, and extend approximately 5 ft. below the NLW level. The vertical support pilings would be painted along the water level with reflective paint. As proposed, the breakwater would extend waterward of the proposed marina and the southernmost deflector appears to be approximately 22 ft. beyond the'/4width of the NE CFR in this area. As proposed, the marina would extend approximately 320 ft, into the NECFR. The submitted application indicates that the width of waterbody is approximately 1285 feet across the NECFR at the Preservation Point Partners c/o Scott Rye Page 5 project location. The'/4 waterbody width setback shown on the submitted work plan drawings appears accurate. As proposed, the open water marina does not appear to exceed the %4 width limitation, but the proposed southern debris deflector is just beyond the 1/4 width. Further, the application states that all proposed structures would meet the USACE setback requirement. ANTICIPATED IMPACTS: The proposed community marina and Kayak Launches would incorporate approximately 30,317 sq. ft. of Estuarine Waters and Public Trust Area, which includes the marina, access piers and kayak launches. As proposed, the marina does not appear to exceed the %4 width limitation. As proposed, the open water marina configuration would accommodate up to 98 permanent vessels. The application states that the existing water depths in the location of the proposed marina ranges from -9 feet to -13 feet @ MLW, depths have been field verified. The proposed breakwater structure would extend approximately 350 ft. into the waterbody and would incorporate 300 sq. ft. of open water area. This area of open water within the NECFR is known for strong currents, especially when exacerbated with prevailing winds, so it may be worth noting this as a safety concern, and may require future modifications of the current configuration. The proposed development would shade approximately 22,619 sq. ft. Section 404/Coastal Wetlands. High ground development on the spoil island would impact an additional 9,832 sq. ft. of area. An additional approximately 4,263 sq. ft. (0.10 acres) of Section 404 wetlands are proposed to be permanently impacted. As stated, the proposed upland development and previously authorized upland development would result in approximately 56 acres of disturbance and approximately 24% of the entire tract would be covered by impervious and/or built upon area. As proposed the upland development would be located outside the 75 ft. Estuarine Shoreline Area of Environmental Concern (AEC). Submitted by: Tara MacPherson Date: 4/8/20 Office: Wilmington joutkern Environmental Group, Inc. 53 1 5 Soutk College K-4 Suite L Wilmington, NC 2841 2 Prone: 910.452.271 1 Fax: 910.452.2899 Web: WWW.SCgi.U5 12 February 2020 Hand Delivery NC Department of Environmental Resources Division of Coastal Management Attn: Mr. Tyler McGuire 127 Cardinal Drive Extension Wilmington, NC 28403 Re: CAMA Major Permit Application Preservation Point Residential Subdivision and Marina Facility 1505 Castle Hayne Road, New Hanover County Dear Tyler, FEB 13 2020 Project #:07-007.02 Southern Environmental Group, Inc. (SEGi), on behalf of Preservation Point Partners, LLC (see Attachment 1), is submitting the attached CAMA Major Permit Application, with associated supporting information and documentation (Attachment 2) and Four Hundred Dollar ($400.00) CAMA Major Permit Filing Fee (see Attachment 3), for the proposed "Preservation Point" single-family subdivision project. A CAMA Major Permit is being sought to authorize work and structures that are to take place within the NC Division of Coastal Management's Estuarine Shoreline Area of Environmental Concern and Public Trust Waters and Lands, as well as within the US Army Corps of Engineers' Section 404 wetlands. It is our hope that the information found within and attached to the application is sufficient, for the DCM and other permitting agencies, to process the request for authorization to perform the proposed work. However, should you have questions or concerns, please call me at 910.228.1841. Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Attachments (3) lREC9zI ' DCM VWLMNGTOR NC FEB 1 3 2020 Southern environmental Group, Inc. 5515 South College Road, Suite E- • Wilmington, NC 2841 2 Phone: 910.452.271 1 • Pax: 910.452.2899 Web: www.segi.us Preservation Point CAMA Major Permit Application Supporting Documentation Prepared for Preservation Point Partners, LLC 9827 Cogdill Rd Ste 1 Knoxville, TN 37932 Prepared by Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Date�� 10 February 2020 MAR 0 S 2020 DCM WIs INLGTON, INC Preservation Point CAMA Major Permit DEG Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Preservation Point Partners, LLC, herein referred to as "Applicant", to secure a CAMA Major Permit for four (4) water dependent structures, which will encroach over Public Trust Waters and Lands, and impacts to Section 404 wetlands, which are necessary to facilitate the installation of infrastructure that will serve a 133 lot, single-family subdivision, to be known as "Preservation Point". The following information is being submitted in support of the NC Division of Coastal Management's CAMA Major Permit Application. Parcel Information and Project Location: The project is located at 1505 Castle Hayne Road, in the incorporated area of Castle Hayne, in New Hanover County, North Carolina. Five (5) parcels of land, encompassing approximately 246.34-acres, are included in the project area (see Appendix A). The following table provides the New Hanover County (NHC) Property Identification Numbers, Deed Book, and Page and other relevant information associated with each parcel: Tract Parcel ID Size (AC) Owner Deed (Book/Page) 1 R04100-001-002-000 +/- 198.0 Preservation Point Partners, LLC 6184 / 1992 2 R04100-001-016-000 +/- 10.06 Preservation Point Partners, LLC 6201 / 1738 3 R04100-001-015-000 +/- 20.02 Preservation Point Partners, LLC 6201 / 1738 4 R04100-001-028-000 +/- 0.25 Preservation Point Partners, LLC_1 6201 / 1738 5 R04100-001-150-000 +/- 18.01 Preservation Point Partners, LLC 1 6184 / 1992 Table 1 Parcel Summary One can find the project site by heading west, on Martin Luther King (MLK) Parkway, to US Hwy 133 North (i.e. Castle Hayne Road). The site is located on the left, approximately 0.20 mile, north of the exit ramp. Please see attached vicinity map (Appendix B). Site Information: The project site abuts the Northeast Cape Fear River (NECFR), to the west, and Smith Creek, to the south. The waters of the NE Cape Fear and Smith Creek are classified as SC;Sw and C;Sw respectively, by the North Carolina Division of Water Resources (DWR (see Appendix Q. The N.C. Division of Marine Fisheries (DMF) has designated this portion of the NE Cape Fear River as Primary Nursery Area (PNA) and a coastal waterbody, while Smith Creek is not designated as PNA and is an inland waterbody (see Appendix D). According to the North Carolina Division of Health, Shellfish Sanitation Section (HSS), in the area of the proposed marina, waters are closed to harvesting shellfish (see Appendix E). The NECFR is approximately 1285' wide, and a USACE federally maintained navigational channel and turning basin are located in front of and north of the spoil island (see Appendix F). The majority of the property is zoned R-15 and Conditional Use (CUD), while the remainder is zoned commercial, by New Hanover County Planning and Zoning (see Appendix G). The spoil island and part of all the tracts are within the AE9 and X Flood Hazard zones (see Appendix P). Marina and Spoil Island — On 3 February 2020, SEGi with the DWR and DCM evaluated the spoil island. There are two patches of coastal marsh vegetation along the island's river edge (see Appendix F). However, Smooth cordgrass (Spartina alterniflora), Giant cordgrass (Spartina cynosuroides) and Sawgrass (Cladium jamaicens) surrounds the the spoil island on all other sides. The spoil island has a maximum elevation of 10', above Mean High Water (MHW). High ground vegetation consists primarily of American Holly (Ilex opaca), Laurel Oak (Quercus laurifolia), and loblolly pine (Pinus taeda). The understory vegetation consists of wax myrtle (Myrica cerifera) and Yaupon (Ilex vomitoria). The fringe of the spoil island was delineated by SEGi and was determined to be US Army Corps Engineers (USACE) 404 jurisdictional wetlands. Vegetation consisted of reed grass (Phragmites australis), Southern Waxmyrtle, Loblolly Bay (Gordonia lasianthus), Easten Baccharis (Baccharis halmifolia), Canebrake (Arundinaria gigantea), Fetterbush (Lyonia lucida), and Cat greenbier (Smilax glauca). There is approximately 2400 feet of shoreline, that spans from the confluence of an unnamed tributary and the NECFR, to the north, to the confluence of the NECFR and Smith Creek, to the south. RECEIVED Page 2 of 26 (2/10/2020) MAR 0 9 2020 NC £tVi E��'� �.i� Preservation Point CAMA Major Permit `5E- i Mainland Project Area — The upland area of the residential development portion of the property is comprised of an undulating sand ridge that is surrounded by Headwater Forest and Swamp Forest. Pocosin and Basin wetlands can be found within the interior of the site (see Appendix H). Pocosins Pocosins are a type of palustrine wetland, with deep, acidic, sandy, peat soils. Groundwater saturates the soil except during brief seasonal dry spells and during prolonged droughts. Tree Stratum consists of pond pines (Pinus serotina), water oak (Quercus nigra) and loblolly bay (Gordonia lasianthus), while gallberry (Ilex coriacea), titi (Cyrilla racemiflora) and swamp bay (Persea palustris) make up the sapling/shrub stratum. Basins Basin Wetlands are natural depressions that are surrounded by uplands or occur on the edges of small lakes or ponds. They tend to be wet for only part of the year and can dry up during the warmer months. Water oak and pond pines border the features. Herbaceous species vary depending on presence of surface water. Headwater Forest Headwater Forests are located above and drain to small streams, which function as natural drainage features in the landscape. Tree stratum consists of water and black oaks, red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). Riverine Swamp Forest Riverine Swamp Forests are typically found along the wettest portions of large river floodplains and can be found on mineral or organic soils that experience seasonal to semi -permanent flooding. This flooding generally occurs from tides, and, to a lesser extent, groundwater and overland runoff from rain. Bald -cypress (Taxodium distichum) and black gum (Nyssa sylvatica) are present, along with cattail (T. latifolia). Project History: SEGi has been involved with this project since its inception, in 2007 and when it was owned by Water Tree Properties NC, LLC. Since that time, the project has been acquired by the Applicants and has grown in size, but the purpose and need has not changed. Two DEQ Scoping Meetings were held, with the commenting agencies, in 2007 and 2019 (see Appendix I for 2019 Scoping Meeting Summary). Comments received during those meetings were taken into consideration, when preparing the site plan and CAMA Major Application. The following table provides u summary of local, state and federal permits that are either being sought or have been issued, for this project: Agency Permit Permit Number Issued Expires NC DEMLR High & Low Density Stormwater Permit (Mainland) SW8 190701 7/16/2019 7/16/2027 NEC NHC Land Disturbance Permit (Grading/ESC) 29-19 1/17/2020 None NC DWR WQCs 4135 & 4139 2019-0554 VI 6/11/19 With NWPs USACE NWPs 14 & 18 SAW-2019-00719 6/10/2019 3/18/2022 USACE PJD SAW-2019-00719 6/10/2019 3/18/2022 USACE JD SAW-2007-03781 8/4/2009 8/4/2014 NHC NHC Stormwater Permit 784-12/20/19 12/20/19 NA NHC Special Use Permit (Marina) Z17-09 1/24/2020 NA SHPO Environmental Review ER 07-1035 & ER 19-1706 Varies NA NHC Rezoning Z19-06 6/19/2019 NA Table 2 Preservation Point Regulatory Action Summary Copies of those permits have been included with Appendix. In June 2019, the Applicant secured USACE and DWR authorizations, in the form of Nationwide Permits 14 & 18 and Water Quality Certifications respectively (see Appendixes J and K). These permits authorized the permanent fill of 0.379- Page 3 of 26 (2/10/2020) MAR 0 9 2020 CCM V'._,."i"G +d N, NC Preservation Point CAMA Major Permit ,_>> -, acre and temporary impact of 0.15-acre of Section 404 wetlands, for the purpose of facilitating the construction of roads and installation of infrastructure, such as water and sewer lines. During the permitting process, through the USACE and DWR, Cultural and Natural Resources, as well as Threatened and Endangered Species evaluations were conducted, and the work reviewed by the NC State Historic Preservation Office (NC SHPO) and the US Fish and Wildlife Service (USFWS). Both the NC SHPO and the USFWS found that proposed work would not likely adversely affect the resources they are trying to protect. As mitigation for the wetland impacts, the Applicant was required to make payment to the NECFR Umbrella Mitigation bank, for 0.758-acre of riparian wetland restoration credit. The mitigation for the impacts has been fulfilled (see Appendix L) and the impacts have taken place. Site Conditions: Currently, the Applicant is undertaking land disturbing activities that are associated with the mainland development. This work includes logging, where necessary, and installing roads and utilities. Previously authorized impacts to wetlands have been completed, in accordance with the USACE and DWR authorizations. The spoil island remains undisturbed. Project Purpose and Need: The purpose of this project is to construct a 133 lot, single-family subdivision, with community boating facility and other amenities, which will provide housing in a rapidly growing area of New Hanover County, North Carolina. The proposed marina and other water dependent structures will provide future homeowners access to Public Trust Waters. Project Description: The project can be broken down into two areas: 1) spoil island and 2) mainland upland development. Work associated with the spoil island consists of a boardwalk, with one covered, observation platform, two (2) kayak launches, 98 slip marina, open air pavilion, golf cart paths, with parking areas, and walking/bicycle trails. The mainland upland development consists of installing roads and infrastructure that will support the 133 single-family subdivision. See Appendix F, for details of the proposed project. Spoil Island Spoil Island Amenities Area — The spoil island will be converted to an active space, amenities center, complete with open air pavilion, pickleball courts, miniature golf course, two gazebos, two kayak storage units and golf cart paths and walking trails. The upland area of the island will be cleared of smaller underbrush and select trees, graded and landscaped to meet the needs and vision of the Applicant's project. The site plan denotes that all golf cart paths and bicycle/walking trails, that meander their way through, and around, the entire island, shall be mulched. The following table summarizes the proposed built upon area (BUA) for the amenities center. Component Description Length (Ft) Width (Ft) SF #1 Open Air Pavilion 100 55 5500 #2 Kayak Storage (N) 23 13 299 #3 Gazebo (N) 19 9 171 94 Kayak Storage (S) 23 13 299 #5 Gazebo (S) 19 9 171 #6 Pickleball Courts (2) 44 20 1760 #7 Miniature Golf Varies Varies 1407 Total BUA 9607 fable 3 Amenities Center Froposea t9 UA No permanent impacts to USACE 404 jurisdictional wetlands are anticipated with the proposed structures and amenities, on the spoil island. However, to facilitate the island work, heavy machinery will need to cross Section 404 wetlands. To ensure unauthorized impacts to wetlands do not take place, while unloading/loading machinery and/or materials onto/off of the island or while constructing the fixed dock leading to the marina facility, a 20' x 200' (4000 SF) temporary construction corridor has been incorporated into the plan. Logging mats will be used, when crossing this area. For details of the spoil island amenities and location of temporary constructioqQ®d,,heet Page 4 of26 (2/10/2020) MAR p 9 2020 rI.Ij V%, T 0, N, ibis Preservation Point CAMA Major Permit ' r-6i I-2, of Appendix F. Boardwalk & Observation Platform (B) — The proposed plan consists of constructing a 10' wide by 1627' long boardwalk, which will extend from the west side of the mainland to the east side of the spoil island, will be elevated 4 feet, above any wetland substrate, and at least 6 feet, above those areas where the structure spans navigable waters (mosquito ditches). The proposed structure will be pile supported, without footers, slatted and with pilings adequately spaced so as to ensure the movement of water is not impeded. One covered, observation platform, with dimensions of 15' x 15', as measured from the drip line, is included in this plan. Conventional construction methods and materials will be used to construct the structure. Where possible and necessary, logging mats will be used to cross wetlands. This measure should ensure rutting and incidental filling of the resources does not take place. However, to ensure unauthorized impacts to wetlands do not occur, a 20' wide temporary construction corridor, running the length of the boardwalk, has been incorporated into the plan. This area measures 31,320 SF (0.72 AC). Should impacts occur, the area(s) will be returned to their original grade and contour and allowed to revegetate naturally. The boardwalk will not only be utilized by pedestrians, but also by residents using bicycles and golf carts. The width of the structure was dictated by the New Hanover County Fire Department (see Appendix M). The table below summarizes the proposed components of the boardwalk: Component Description Fixed/Floating Length (Ft) Width (Ft) SF B 1-A Boardwalk Fixed 550 10 11000 B1-B Boardwalk Fixed 550 10 5500 B1-C Boardwalk Fixed 527 10 5500 B-2 I Pile Supported Gazebo I Fixed 1 15 1 15 1 300 Table 4 Boardwalk Components Summary For details of the boardwalk, see Sheets A-1 and A-2, of Appendix F. Kayak Launches — The Applicant is proposing to incorporate two (2) canoe/kayak launching facilities, one on the north side and another on the southeast side of the spoil island. The structures will span USACE Section 404 jurisdictional wetlands and coastal wetlands. The piers leading to the launching areas will be constructed out of slatted wood, with pilings adequately spaced, so as not to accumulate sediment, and will be elevated at least 3' above the substrate. For details of these structures, see Sheets B-1 and C-1, of Appendix F. The first kayak launch (KL1) will be located on the north side of the spoil island and will encroach approximately 14' into an unnameu tributary, to the NECFR, that measures 56.1', from marsh line to marsh line. Kayak launch #2 (KL2) will be located on the southeast side, of the island, and will encroach approximately 8.0', into a mosquito ditch that measures 34.1' across. Due to the lack of water at low tide, stops will be utilized to keep the floating 8' x 3' dock from resting on the bottom. Each structure will consist of the components summarized in Tables 4 & 5, below: Component Description Fixed/Floating Length (Ft) Width (Ft) SF KL1-1 Pier Fixed 231 6 1386 KL 1-2 Platform Fixed 18 8 144 KL1-3 Dock Floating 8 3 24 KL 1-4 Dock Floating 8 3 24 Table 5 Kayak Launch 41 Components Summary Component Description Fixed/Floating Length (Ft) Width (Ft) SF KL2-1 Pier Fixed 216 6 1296 KL2-2 Platform Fixed 18 6 108 KL2-3 Dock Floating (w/stops) 8 3 24 He 6 Kayak Launch #2 Components Summary For details of the kayak launches, see Sheets B-1 and C-1, of Appendix F. Page 5 of 26 (2/10/2020) MAR 0 9 2020 Preservation Point CAMA Major Permit �3E_G Marina —A 10' wide, fixed pier will extend waterward 330', from the uplands on the west side of the spoil island, and will be connected, via a gangway, to a 10' wide by 101' long floating dock. The floating dock will terminate at a 10' x 909' T Head that will serve as the spine, off which 48, varying lengths, finger piers will extend. Two (2) 85' x 8' floating platforms will anchor the T head, one on each end, and will be used for day docking and loading/unloading only. To protect the marina structure and the vessels using it from floating debris, two (2) debris 150' x 1' deflectors have been incorporated into the plan. They will be positioned diagonally and approximately 29 LF to/from M-1 and M-3 components (please see Sheet D-1 of Appendix F, for details of the debris deflector). The table below summarizes the components associated with the marina facility: Component Description Fixed/Floating Length (Ft) Width (Ft) SF M-1 Platform Floating 85 8 680 M-2 T head Platform Floating 909 10 9090 M-3 Platform Floating 85 8 680 M-4 Pier Floating 101 10 1010 M-5 Pier Fixed 330 10 3300 M-6 Debris Deflector Floating 150 1.0 150 M-7 Debris Deflector Floating 150 1.0 1 150 Table 7 Manna Facility Components Summary Water depths along the back of the proposed structure range from approximately -6.0' to -11.0' MLW. Water depths waterward of the structure range from approximately -8.0' to -13.0' MLW. Therefore, dredging is not required for the proposed project. The proposed structure will extend out approximately 290 linear feet, from the edge of the marsh and will not encroach into either the federally maintained channel or beyond 1/4 of the width of the waterbody (i.e. 321.25 linear feet, from marsh line). Due to the extensive length of shoreline this property has, staying outside the riparian corridor was not a problem. The structure will be more than 300' south of the northern unnamed tributary and more than 1100' north of the mouth of Smith Creek. Conventional construction methods and materials will be used. To ensure unauthorized impacts to wetlands does not take place, while constructing the fixed pier, The Applicant proposes to use logging mats. However, if this becomes impracticable, a 20' wide temporary construction corridor is being incorporated into the plan. The corridor encompasses 4,000 SF (0.09 AC). If impacted, the area will be returned to its original grade and contour and allowed to revegetate naturally. Please refer to Sheet D-1 of Appendix F, for details of the proposed marina structure. To ensure protection of the West Indian manatee (Trichechus manaw), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix N). To ensure sanitary waste is disposed of properly, a portable pump out machine will be located at the amenities center pavilion. Additionally, signage will be placed in several locations on the marina structure. The Applicant is not aware of any navigational aid requirements, but is willing to incorporate the measures, as instructed by the US Coast Guard. Mainland Development Mainland development consists of completing the installation of roads and infrastructure, such as sewer, water and stormwater measures, and final grading of common areas (see Appendix F). Large machinery, such as dump trucks, backhoes, excavators and front-end loaders will be used to perform the work. When not in use, the machinery will be stored in uplands, within the project boundaries. Approximately 20.84 AC of land disturbance and is proposed with this project. As mentioned in the Project History section, the project has received USACE and DWR authorizations to permanently impact 0.379-acre temporarily impact 0.015-acre of riparian wetlands. However, after obtaining better topographic survey data and meeting with Duke Energy, it was determined that stormwater measures were, not adequately designed to convey stormwater, at a non -erosive rate, and a section of road was proposed to cover Page 6 of 26 (2/10/2020) MAR 0 9 2020 Preservation Point CAMA Major Permit ' 1L6i overhead transmission line guy wires that are buried 20 foot below grade. To correct these issues, the engineer incorporated a 36' x 46' scour hole, at Impact Areas A, a 8' x 10' rip -rap, energy dissipator, at Impact Area B, and a 16' x 22' rip -rap, energy dissipator, at the downstream end of the culverts, at Impact Area C into the plan, and realigned the roadway, at Impact Area D, to eliminate improvements directly above the electrical components. Unfortunately, the work will require permanently placing fill material within 0.097-acre of Headwater Forest Wetlands, which will result cumulatively impacting 0.476-acre of wetlands, for the entire project. See Appendix F, for the proposed site plan and wetland impact areas. To minimize wetland impacts, the Applicant proposes to utilize logging mats, when constructing the boardwalk and marina dock, and when mobilizing machinery and materials to and from the island. However, in the event that logging mats are not feasible, the Applicant has incorporated a 20' wide construction corridor, along the length of the boardwalk (components B-IA — B-IC) and the fixed dock to the marina (M-5). The corridors encompass approximately 35,320 SF (0.81 AC). In these areas, wetlands may be temporarily impacted. If so, they will be returned to their natural grade and contour and allowed to revegetate naturally. See Appendix F, for details of the proposed construction corridors. T LIo R Prn„n,od Rortinn JW Wotlnnd Imnnrt ,iummn Impact Area Description Temp (T)/Perm (P) Type Dimensions SF / AC A Scour Hole P Headwater Forest 36' x 46' 1459 SF / 0.033 AC B Energy Dissipator P Headwater Forest 8' x 10' 80 SF / 0.001 AC C Energy Dissipator P Headwater Forest 16' x 22' 352 SF / 0.008 D Road Crossing P Headwater Forest 83' x 10' 2372 SF / 0.054 AC Boardwalk Construction Corridor T Coastal Wetlands 1566' x 20' 31,320 SF / 0.72 AC Marina Construction Corridor T Tidal Marsh (Phragmites) 200' x 20' 4000 SF / 0.091 AC Total Permanent Impacts Total Temporary Impacts Total Cumulative Permanent Impacts 4263 SF / 0.097 AC 35,320 SF / 0.81 AC 120,772 SF / 0.476 AC The Applicant avoided wetland impacts by limiting the need for the impacts to roads and utilities only. Additionally, sediment and erosion control measures, such as silt fence and sediment traps, will be installed prior to land disturbing activities that take place within 50' of a wetland or where there is a potential for sediment to discharge into wetlands or outside the project limits. And lastly, during the design process and to avoid impacting submerged lands, the Applicant positioned the marina structure in an area where water depths are adequate for vessels anticipated to utilize the facility and, therefore, omitting the need for dredging. As mitigation for the additional impacts to Section 404 wetlands, the Applicant is proposing to purchase 0.20-acre of riparian wetland restoration credit, from the NE Cape Fear Umbrella Mitigation Bank (NECFUMB), to offset the loss of function (i.e. physical, biological and chemical processes) anticipated to take place with the additional proposed impacts. The applicant has also raised the 10' wide boardwalk, to minimize the effects of shading. Adjacent Riparian Property Owners: As per 15A NCAC 07J .0204(b)(5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian property owners (ARPOs) of the proposed work. According to the New Hanover County GIS Map, the ARPOs to this project are: Map Number Parcel ID Owner Mailing Address 1 R04100-001-001-000 Hough, Henry D. 517 Kelly Rd., Wilmington, NC 28409 2 R04100-001-004-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 3 R04100-001-008-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 4 R04100-001-009-000 Ikaros, Inc. 9 Shore Drive, Wrightsville Beach, NC 28480 5 R04100-001-011-000 Benton & Sons 1417 CHR Properties, LLC PO Box 919, Whitevilkv 72 Page 7 of 26 (2/10/2020) MAR 0 9 2020 { . a s,:M : tl , NC Preservation Point CAMA Major Permit .9r-6i 6 R04100-001-149-000 Corbett Package Co. PO Box 210, Wilmington, NC 28402 7 R04100-001-012-000 1505 Castle Hayne Road Land, LLC 30 Bitmore Rd., Whiteville, NC 28472 8 R04100-001-035-000 Parker, Nell 306 Palmetto Rd., Wilmington, NC 28401 Table 9 ARPO Information See Appendix O, for maps of the ARPO properties, the returned certified mail green cards and signed notification form, from EW Godwins' Son, Inc. and Corbett Package Co. Summary: In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take place within the Estuarine Shoreline Area of Environmental Concern and within and over Public Trust Waters. The proposed work consists of upland development, including the filling of 0.097 of Section 404 wetlands and the construction of several structures that will support Preservation Point's amenities center, and water dependent structures, such as kayak launches and a marina. Mitigation, to offset the loss of wetland function, will be fulfilled through purchasing wetland restoration credits, from a private mitigation bank. The proposed work is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state and federal Clean Water Act, and is considered to be the least environmentally damaging practicable alternative. RECENED Page 8 of26 (2/10/2020) MAR 0 9 2020 n� ,l TC NC Page 1 of 5 (2/10/2020) DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) 0 North Carolina DIVISION OF COASTAL MANAGEMENT 9. PrimaryAppiicantl Landowner Information Business Name Project Name (if applicable) Preservation Point Partners, LLC Preservation Point Applicant 1: First Name MI Last Name Scott Rye (Principal) Applicant 2: First Name MI Last Name Matt Logue (Contact) If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 9821 Cogdill Road, Suite 1 Knoxville TN ZIP Country Phone No. FAX No. 37932 US 912-233-4390 - ext. - Street Address (if different from above) City State ZIP Email matt@llcinvest.com 2. Agent/Contractor Information Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) Agent/ Contractor 1: First Name MI Last Name DANA A. LUTHERAN Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 SOUTH COLLEGE ROAD, SUITE E WILMINGTON NC ZIP Phone No. 1 Phone No. 2 28428 910.452.2711 - - ext. 910.228.1841 (Preferred) - ext. FAX No. Contractor # 910.452.2899 NA Street Address (if different from above) City State ZIP SAME AS ABOVE Email dlutheran@segi.us MAR 2 d DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST .. ww .nccoastalmanagement. net 3. Project Location County (can be multiple) Street Address State Rd. # NEW HANOVER COUNTY 1505 CASTLE HAYNE RD. HWY 133 & 117 Subdivision Name City State Zip Preservation Point WILMINGTON NC - Lot No.(s) (if many, attach additional page with list) Phone No. R04100-001-002-000, R04100-001-016-000, R04100-001-015-000 NA -- ext. R04100-001-028-000, R04100-001-150-000 (SEE SUPPLEMENTAL INFORMATION) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CAPE FEAR RIVER (CATALOGING UNIT 030030005) CAPE FEAR RIVER c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. a ur Manmade Unknown CAPE FEAR RIVER e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes 0° work falls within. NEW HANOVER COUNTY 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2,170 LF (SEE ATTACHED PLAN) 234AC c. Size of individual lot(s) SEE SUPPLEMENTAL INFORMATION d. Approximate elevation of tract above NHW (normal high water) or (if many lot sizes, please attach additional page with a list) NWL (normal water level) 25' ®H or NWL e. Vegetation on tract SEE SUPPLEMENTAL INFORMATION f. Man-made features and uses now on tract THERE ARE NO MAN-MADE STRUCTURES ON THE PROPERTY AT THIS TIME. g. Identify and describe the existing land uses adjacent to the proposed project site. EXISTING LAND USE ADJACENT TO THE PROJECT SITE IS 1-2 (INDUSTRIAL DISTRICT) R-15 (RESIDENTIAL, 15,000 SF LOT SIZE) & R-20 (RESIDENTIAL, 20,000 SF LOT SIZE). (SEE ATTACHED SUPPLEMENTAL INFORMATION) h. How does local government zone the tract? i. Is the proposed project consistent withAAapplicable zoning? (Attach zoning R-15 compliance certificate, if applicable) No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. es No NA If yes, by whom? THE NC SHPO ISSUED A REVIEW OF THE SPOIL ISLAND IN 2008 (SEE ATTACHED). I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or Yes (E)NA eligible property? m. (i) Are there wetlands on the site? es No es No (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) No SEGI OBTAINED A USACE PJD ON 5/31/19 (SEE ATTACHED SUPPLEMENTAL INFORMATION) n. Describe existing wastewater treatment facilities. THERE IS NO EXISTING WASTEWATER TREATMENT FACILITIES WITHIN THE PROJECT LIMITS o. Describe existing drinking water supply source. RECEIVED THERE IS NO EXISTING SOURCE OF DRINKING WATER ON -SITE p. Describe existing storm water management or treatment systems. MAR 2 2020 THERE ARE NO EXISTING STORMWATER TREATMENT SYSTEMS IN PLACE. 4 DCM WILMINGTON, NC & Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial Public/Government Private/Co ity b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THE PROJECT IS TO PROVIDE MEDIUM SIZED HOUSING IN A RAPIDLY GROWING AREA OF NEW HANOVER COUNTY. USE OF THE PROJECT WILL BE BY FUTURE HOMEOWNERS. THE SUBDIVISION WILL BE A GATED COMMUNITY AND THE AMENITIES CENTER, MARINAAND KAYAK LAUNCHING DOCKS WILL BE OPERATIONAL 24 HOURS A DAY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. 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. HEAVY MACHINERY SUCH AS BACKHOE, FRONT END LOADERS, DUMP TRUCKS, AND GRADERS WILL BE UTILIZED DURING THE CONSTRUCTION OF ROADS AND IMPLEMENTATION OF INFRASTRUCTURE ON THE UPLAND AREA OF THE PROJECT. A PILE DRIVER WILL BE UTILIZED WHEN ERECTING PILINGS FOR THE WATER DEPENDENT STRUCTURES. THIS MACHINE WILL ARRIVE ON A BARGE AND WILL BE STORED ON -SITE UNTIL COMPLETION OF THE PROJECT. SEE SUPPLEMENTAL INFORMATION FOR DETAILS d. List all development activities you propose. THE APPLICANT IS PROPOSING TO CONSTRUCTA PRIVATE 133-LOT AND 98-SLIP COMMUNITY BOATING FACILITY (CBF), AT 1505 CASTLE HAYNE ROAD, IN THE CAPE FEAR TOWNSHIP SECTION, OF WILMINGTON, NEW HANOVER COUNTY, NC. WETLAND IMPACTS, IN THE FORM OF FILL MATERIAL, WILL BE REQUIRED TO PROVIDE ACCESS TO THE PROPERTY. THE APPLICANT SECURED NWPS 14 AND 18, FROM THE USACE, AND A WATER QUALITY CERTIFICATION, FROM THE DWR, AUTHORIZING THE PERMANENT IMPACT OF 0.379-ACRE OF SECTION 404 WETLANDS, FOR THE INSTALLATION OF 7 ROAD CROSSINGS, AND THE TEMPORARY IMPACT OF 0.015-ACRE OF SECTION 404 WETLANDS, FOR THE INSTALLATION OF SEWER AND WATER LINES (SEE ATTACHED NWP AND WATER QUALITY CERTIFICATION). HOWEVER, AFTER OBTAINING ADDITIONAL TOPOGRAPHIC DATA AND MEETINGS WITH DUKE ENERGY, IT WAS DETERMINED THAT AN ADDITIONAL 0.097-ACRE OF WETLAND IMPACTS ARE NECESSARY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. THE RESIDENTIAL AREA, ATEN-FOOT (10') WIDE ACCESS BOARDWALK WILL EXTEND 162T ACROSS THE WETLAND, TO THE UPLAND PORTION OF THE ISLAND. THE BOARDWALK AND ACCESS STRUCTURES WILL BE CONSTRUCTED ON PILINGS AND WILL BE MADE OF SLATTED WOOD. THE STRUCTURE WILL BE ELEVATED FOUR (4) FEET ABOVE WETLAND SUBSTRATE, EXCEPT WHERE THE STRUCTURE PASSES OVER DITCHES/CANALS THAT EXHIBIT A NHW MARK AND ARE WITHIN THE WETLAND COMPLEX. IN THESEAREAS, THE STRUCTURE WILL BE ELEVATED SIX (6) FEETABOVE MHW, TO ALLOW WATERCRAFT ROOM TO PASS UNDERNEATH. THE COMMUNITY BOATING FACILITY WILL BE ACCESSED VIA THE 7.45-ACRE UPLAND ISLAND. UPLAND PORTIONS OF THE ISLAND MAY BE USED AS PASSIVE RECREATION AND WILL CONTAINA FEW DEVELOPED AREAS USED BYTHE COMMUNITY, SUCHAS PICKLEBALL COURTS (2)AND MINIATURE GOLF COURSE. GOLF CART -PATHS AND A BICYCLE/WALKING TRAIL ARE PROPOSED TO MEANDER AROUND THE ENTIRE ISLAND. MULCH WILL BE USED FOR GOLF -CART PATHS AND PARKING ARES, AS WELLAS THE WALKING/BICYCLE TRAILS. THE APPLICANT PROPOSES TWO OPEN AIR, SINGLE -STORY 19' X 9' COVERED VIEWING PLATFORMS, TWO 23' X 13' KAYAK STORAGE UNITS, AND A 55' X 100' OPEN AIR PAVILION, WITHIN THE UPLAND AREA OF THE ISLAND. IN ADDITION, THE APPLICANT PROPOSES TO INCORPORATE TWO CANOE/KAYAK LAUNCHING FACILITIES. THE CANOES AND KAYAKS WILL BE ABLE TO UTILIZE THE EXISTING CANALS, MOSQUITO DITCHES, AND OTHER WATERWAYS AS ROUTES FOR THEIR EXCURSIONS. THE PROPOSED BUILT UPON AREA FOR THE AMENITIES CENTER IS 9832 SF. THE UPLAND AREA OF THE SPOIL ISLAND CONTAINS 7.45 ACRES (324,522 SQ FT), AND THE IMPERVIOUS AREA PROPOSED IS 3.03%. FROM THE SPOIL ISLAND, A 10' X 330' FIXED PIER EXTENDS OUT TO A 10' X 101' FLOATING DOCK, WHICH TERMINATES INTO A 10' X 909' FLOATING T-HEAD, WHICH SERVES AS THE 98-SLIP COMMUNITY BOATING FACILITY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. 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? 55.0 +/- Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has Yes. N established use of? MAR 2 4 2020 DCM WILMINGTON, NC h. Describe location and type of existing and proposed discharges to waters of the state. THE SUBDIVISION WILL LOW DENSITY STORMWATER TREATMENT METHODS, TO TREAT STORMWATER PRIOR TO DISCHARGING INTO WATERS OF THE STATE (SEE ATTACHED STORMWATER PLAN). i. Will wastewater or stormwater be discharged into a wetland? CD No NA If yes, will this discharged water be of the same salinity as the receiving water? No NA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. Ye No NA 6. Additional Information In addition to this completed application fort, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (fj are always applicable to any major development application. Please consult the application instruction booklet on how to property 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. ✓I c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. ✓1 ✓I d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. I e. The appropriate application fee, check or money order made payable to DENR. i Map Num- ber Parcel ID Owner Mailing Address 1 R041 00-001 -001 -000 Hough, Henry D. 517 Kelly Rd., Wilmington, NC 28409 2 R04100-001-004-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 3 R04100-001-008-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 4 R04100-001-009-000 Ikaros, Inc. 9 Shore Drive, Wrightsville Beach, NC 28480 5 R04100-001-011-000 Benton & Sons 1417 CHR Properties, LLC PO Box 919, Whiteville, NC 28472 6 R04100-001-149-000 Corbett Package Co. PO Box 210, Wilmington, NC 28402 7 R04100-001-012-000 1505 Castle Hayne Road Land, LLC 30 Bitmore Rd., Whiteville, NC 28472 g R04100-001-035-000 & R04100-001-002-001 Walker, Nell 306 Palmetto Rd., Wilmington, NC 28401 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. USACE NWP AID # SAW-2019-00719 AND USACE PJD AID # SAW-2007-04010, SAW-2007-03781, AND SAW-2009-04010 NC DWR WQC PN# 20190554 V1. SEE SUPPORTING INFORMATION FOR ADDITIONAL PERMITS AND COPIES. h. Signed consultant or agent authorization form, if applicable. (Attached) i. Wetland delineation, if necessary. (See attached Supplemental Information) 1. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA 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. NA 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. RECEIVED MAR 2 4 2020 -vE" ,PAC I further certify that the information provided in this application is truthful to the best of my knowledge Date 2/10/2020 Print Name Dana A. Lutheran Signature Please indicate application attachments pertaining to your proposed project. ,/MP-2 Dredge and Fill VMP-3 Upland Development ✓MP-4 Structures MP-5 Culverts and Bridges MAR 2 4 % !; 1 DCNI WIL INGTON, NC 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 (excluding (NLW or Breakwater shoreline NWL) stabilization Area A-36' Area B - 10' Length - Area C - 22' Area D -.83' Area A-46' Area B - 8' Width Area C - 16' Area D - 10' Avg. Existing I NA NA Depth Final Project NA NA Depth 1. 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. clean earthen wetland soils 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), 0 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL 1891 SF ❑None (ii) Describe the purpose of the excavation in these areas: The excavation is necessary to install a stormwater a 36' x 46' scour hole (Impact Area A) and two energy dissipators, one 10' x 8' (Impact Area B) and one 22' x 16' (Impact Area C) (see Supplemental Information for detials). 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. On -site C. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. The material will be spread out over the site d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ®NA (ii) If yes, where? RECEIVED e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the ❑Yes ®No ❑NA yv��e,KK {? 0 (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 'VVII 2 4 '(21 _ E b � 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revisee / 6 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 disposal in these areas: The material will be spread out across the site for planting trees and grass. (ii) If yes, how much water area is affected? a. Type of shoreline stabilization. b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL). If any boxes are checked, provide the (ii) Amount of material to be placed in the water 0 number of square feet affected. (iii) Dimensions of fill area NA ❑CW ❑SAV ❑SB OWL 4263 SF ❑None (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: No fill is to be placed below MHW or NHW. Impact Area A - 36' x 46' (1656 SF / 0.038 AC) Impact Area B - 10' x 8' (80 SF / 0.001 AC) Impact Area C - 16' x 22' (352 SF / 0.008 AC) Impact Area D - Irregular (2372 SF / 0.054 AC) See attached Supplemental Information for details of these measures. '' 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)? Strict sediment and erosion control best management practices, An excavator, front-end loader, trackhoe and dump trucks will be such as silt fence and temporary sediment traps, will be in place used to complete the work. phro to performing any major land disturbing activities. ' ., 8 a RC,Q,A 3' T revised.- 12i26"06 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. 2/10/2020 Date Preservation Point Project Name LW Investments, LLC Applicant Name Dana A. Lutheran for LW Investments, LLC (see attached Agent Authorization) Digitally signed by Applicant Signature_ Dana A. Lutheran DN: cn=Dana A. "tutheran, o=Southern Environmental Group, f �t 1nc., ou=Regulatory Specialist, ;:emait—€f`<i@segi .us, c=US Date: 2020.03.24 10:35:57-04'00' d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Logging mats will be used to transport heavy machinery to cross wetlands (see Supplemental Information for location of matting) i1r-CEIVED MAR 2 4 D C M W I LtGl3 CT0N, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12126t06 Form DCM MP-3 2/10/2020 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or b Number of lots or parcels. structures proposed. 133 #1 55' x 100' Open Air Pavilion (5500 SF) #2 & #4 23' x 13' Kayak Storage Units (2x) (598 SF) #3 & #5 19' x 9' Covered Gazebos (2x) (342 SF) See Supplemental Information for details of the proposed work. c. Density (give the number of residential units and the units per acre). 133 0.54 units per acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? es No NA (ii) If yes, list the date submitted: The upland portion of the project received NHC Grading Plan 29-19. According to the engineer, a grading plan for the island amenities center, should not be required due to the fact that less than 1 acre of land disturbance is proposed and the protect is far removed from the upland development. g Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. BUA is not proposed within the 75' ES AEC i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 24% Describe proposed method of sewage disposal. CFPUA will treat sewage. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 55 Acres List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt and concrete will be used to construct_ roads. Golf -cart paths and parking areas, and walking/bicycle trails will be covered with mulch. Pickleball courts and miniature qolf course will be constructed of concrete Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the DEMLR for review? Yes No NA (ii) If yes, list the date submitted: SW8 190701 k Have the facilities described in Item (i) received state or local approval? Yes No NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to m Does the proposed project include an innovative waters of the state (e.g., surface runoff, sanitary stormwater design? wastewater, industrial/ commercial effluent, "wash Yes No NA RECEIVED down" and residential discharges). If yes, attach appropriate documentation. MAR 0 9 2020 DCf WI Wemi`v �NGI'ON, NC WHAKiwil There are two areas, where treated stormwater will discharge into wetlands. See Supplemental Information Document for details. m Describe proposed drinking water supply source n. (i) Will water be impounded? Yes ( NA (e.g., well, community, public system, etc.) (ii) If yes, how many acres? CFPUA will provide public drinking water. o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will The lots have not been platted as of vet. See additional utilities be installed for this upland Supplemental Information for copies of the deeds for development? the 5 tracts included with this project. es No NA 2/10/2020 Date Preservation Point Project Name Preservation Point Partners, LLC Applicant Name Dana A. Lutheran Applicant Signature RECEIVED MAR 0 9 2020 DCM WMAINGTON, NC 919-73 -22 :: 14-=3C e; www.necosatnaement.net revised: 11/1 / 2 Form DCM MP-4 2/10/2020 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 FACILITY/MARINA CHARACTERISTICS This section not applicable a. (i) Is the docking facility/marina: Commercial Public/Government telComm c. (i) Dock(s) and/or pier(s) (ii) Number 5 . (iii) Length See table below (iv) Width See table below Length Width 1) 131-A thru C Fixed 1627' x 10' (Boardwalk) 2) M-4 Pier Floating 101' x 10' (Marina) 3) M-5 Pier Fixed 330' x 10' (Marina) 4) KL1-1 Pier Fixed 231' x 6' (Kayak Launch #1) 5) KL2-1 Pier Fixed 216' x 6' (Kayak Launch #2) (v) Floating GD CD e. (i) Are Platforms included? es No If yes: See attached Supplemental Information (ii) Number 8 (iii) Length See table below (iv) Width See table below KL1-2 Fixed 18' x 8' (Kayak Launch #1) KL1-3 Floating Dock 8' x 3' (Kayak Launch #1) KL1-4 Floating 8' x X (Kayak Launch #111 KL2-2 Fixed 18' x 6' (Kayak Launch #2) KL2-3 Floating Dock 8' x 3' (Kayak Launch #2) M-1 Floating 85' x 8' (Marina) M-2 Floating 909' x 10' (Marina) M-3 Floating 86' x 8' (Marina) (v) Floating CED Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 98 (ii) Number of slips existing 0 b. (i) Will the facility be open to the general public? Yes d. (i) Are Finger Piers included? es No If yes: (ii) Number See attached Supplemental Information (iii) Length See table below (iv) Width All 5' (v) Floating es No Units Length 7 40' 9 45' 6 50' 14 35' 12 30' Total 48 f. (i) Are Boatlifts included? Yes If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. Full service, including travel lift and/or rail, repair or maintenance service Dockage, fuel, and marine supplies ockage ("wet slips") only, number lips: 98 Dry storage; number of boats: Boat ramp(s); number of boat ramps: Other, please describe: Marina Pump Out Station, water and electric. n t : kv r MAR U 9 2020 - 08-2808 r. 1-8884ACccorz�-i_ ®12127/06 GT 2'10/Z 0 20 i. Check the proposed type of siting: Land cut and access channel O en w for basin and/or channel en water; no dred in re Other; please describe: k. Typical boat length: 15' — 60' m. (i) Will the facility have tie pilings? No (ii) If yes number of tie pilings? 63 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). All types of boats will utilize the facility. I. (i) Will the facility be open to the general public? Yes No 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. Office Toilets 0 Toilets for patrons; Number: 2 ; Location: At the open air pavilion Showers Boat holding tank pump out; 1 Give type and location: Tank pump out will be portable and kept at the open air pavilion b. Describe treatment type and disposal location for all sanitary wastewater Sanitary water will be disposed of at the pavilion and treated through on -site septic c. Describe the disposal of solid waste, fish offal and trash. Solid waste will be treated via on -site septic system. Trash will be taken to local landfill. Fish offal will be disposed of in assigned area on -site. d. How will overboard discharge of sewage from boats be controlled? Signage will be posted directing mariners to the location of the portable pump out machine and where to empty the content. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 "No Sewage Discharge" signs will be posted at the entrance, onto the marina facility, and one at the T-head. (ii) Give the location and number of "Pump out Available" signs proposed. 2 "Pump out Available" signs will be posted at the entrance, onto the marina facility, and on,; at the T-head. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? Maintenance of vessels will be prohibited to take place, at the facility. h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities and describe the safety measures planned to protect area water quality. Fuel will not be provided at this facility. j. What will be the marina policy on overnight and live -aboard dockage? Overnight docking will be permitted, but live aboard docking will be prohibited. k. Describe design measures that promote boat basin flushing? The proposed marina facility will be located on a waterbody that flushes naturally. I. If this project is an expansion of an existing marina, what types of services are currently provided? This is a new marina facility. MAR 0 9 2020 Form _.M MP-4 (Structures, Page 3 of 4) 2110/20211 m. Is the marina/docking facility proposed within a primary or secondary nursery area? es No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Yes No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL on p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Yes If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) his 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.) is section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) is section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): Commercial Public/Government Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL section not appl b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Approximately 203 LF from the northern ARPO and Greater than 1000 LF in any direction (See attached greater than 1000 LF to the southern ARPO (See Supplemental Information) attached Supplemental Information) Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure aor NWL 1285 LF Water depths waterward of the structure range from approximately -8.0' to -13.0' MLWV ; MAR 0 9 2020 S ;-733-22 :: 1- :: .necoast lmang �rme t � revised: 11/15/02 Form DCM MP-4 (Structures, Pa of 2/1 /2 i) Will navigational aids be required as a result of the project? es o NA (ii) If yes, explain what type and how they will be implemented. As part of this permit application. the Applicant requests the Coast Guard provide guidance on navigational aids 8. OTHER This section not applicable a. Give complete description: To protect the marina structure and the vessels using it two (2)150' x I'debris deflector (upstream and downstream) have been incorporated into the plan. Please Supplemental Information, for details of the debris deflector. 2/10/2020 Date Preservation Point Project Name Preservation Point Partners, LLC Applicant Name Dana A. Lutheran Applicant Signature MAR 0 9 2020 1 - . H s ST ., ,nccoast R!l no revised i/ 5/ 2 �CiA Vv i-vv NAG T CN, N ROY COOPER Golvi MICHAEL S. REGAN BRAXTON DAVIS Onvctor, Uiniswn ofC'oa%tal blanagewent April 15, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Preservation Point Partners, LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Saturday, April 18, 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. Si cerely, an a Pi tila Perm' ing Support &Customer Assistance cc: MHC file Curt Weychert - WiRO USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the LAMA: On March 24, 2020, Preservation Point Partners, LLCproposed to construct a 133 unit subdivision w/amenities, a 98 slip community marina and two (2) kayak launches at 1505 Castle Hayne Rd., adjacent to the Northeast Cape Fear River & Smith Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to Hay 9, 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. Z ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS April 8, 2020 Director Dana Lutheran Southern Environmental Group, Inc 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Wilmington Property Owenr, LLC for State approval for development of the subject property located at 1505 Castle Hayne Road adjacent to the Northeast Cape Fear River, in Wilmington, New Hanover County. It was received as complete on March 24, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 7, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 24, 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 he 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, J� Tara M cP erson District Manager cc: Gregg Bodner, DCM USACE Robb Mairs, DWR Connie Marlowe, LPO Scott Rye, Applicant � ----� 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 i BOSOM MENOWN 0. CL LU. -7 cr CL PL L O J W m Q Lu U z LL O LL Up Q� Lu w W J Q OU �O CC LLJ o� d c R Name of Property Owner Requesting Permit: Preservation Point Partners, LLC and Progress Park Partners, LLC Mailing Address: 9821- Gogditt Road, Suite 1 Knoxville, TIN 37R32 Phone Number:g1.2-233-439D Email Address: tog, e@licinvest.eow' I certify that I have authorized Dana Lutheran, +witl1 Southern Environmentai Group, tnc. e Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: inland development of a singe fami subdivision, wrttn associated Vnar"';uc and amenit:`es center. at my property located at 15125 Castle Hayne give In New Hanover County. l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name � - /,-�, ji t c- 44e VL Title / (�— /2-ot Dale This certification is valid through 22 I 3:1- ! 2020DCM WILMUG—,ON, NC FEB 1 3 2020 Preservation Point CAMA Major Pennit ? G Appendix O Adjacent Riparian Property Owner Maps EI`E MAR 0 9 2020 Page 24 of 26 (2/10/2020) • 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, nr on the front if space permits. 1. Article Addressed to,. H it 9590 9402 3535 7305 8625 79 2, Article Number (Transfer from service label) ?rj-jl 1570 100,01 P§ -Form- -3811, July 2015 PSN 7530-02-000-9053 A. Signature, )c❑ Addressee S. Receive q by (Printed Name) C. Date of Delivery ,L-le 11-1(Pyl; D. Is delivery add-ress different from item If � — If YES, enter delivery address below: 0 No 3, Service Type D Priority Mail Express® • Adult Signature • Adult Signature Restricted Delivery 0 Registered Mail'" 0 Registered Mall Restricted 0 Certified Mail® • Certified Mail Restricted Delivery Delivery El Return Receipt for • Collect on Delivery L3 Collect on Delivery Restricted Delivery Merchandise 0 Signature Confirmation- 0 Signature Confirmation p lnsu�e� Mail , � � � Re icted Delivery pqr, qM04ilt ! � ; i , v 50 Domestic Return Receipt 1, — -s1 NC REB 1 3 2020 aU!aUukj W1 W4 �JIIaWUJIJQ t;5iUb-WU-6U-Uk;�LN5dVU6ilill° LlVt;LUJU:Jt;,C AJGA!IaG PO'Piri-Ij A a4n;UV6FS 11 —4-6ts "--3 {-Mjtaj eqpump-*N A—ti U-MU 13 kEiMfOa sati,;'=.$YV P'ajemk� C3 WxJPM pelaislae� 11 M? @ jdx3 tIeVj /ajlopj C, ad, I ON 0 :MOjeq SS9JppB �8AIJE)P -18JU9 'S3A 41 ea,k (j 6 L ULial! LUOJ} 'UaJGg!P SS-EUPP'a rG*AIJOP Sl G assajppV-O—' 5v ue x p M • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. is Attach this card to the back of the mallpiece, or on the front if space permits. 1, Article Addressed to: Vill, �f- -sjjw,i&d adds ;!;uoj} eqj uo io 400-eidipw eq; �o >ioeq ay} o} pieo siql ,noA ol pjuo Gq; wn;aj ueo am jeLp os asaaAa,; Qqj uo ssa;ppe Due eiueu jnoA. '-N x B. Received by (Pneed' .`P 0 Agent 0 Addressee G. Date of Delivery J P D. Is delivery address different from item I? L-V'fe,1 If YES, enter delivery address below: 0 No Service Type 0 Priority Mail Expresse 13. 0 Adult Signature 0 Registered Mail- 'D Adult Signature Restricted Delivery 0 Registered Mall Restricted 9590 9402 3535 7305 W21 24 i I Certified M ilO, i La ! E C rtifieci mail Restdoted Delivery Defive"y Ol Return Receipt for on 17" Collet: Delivery Merchandise 2. Article Number (Transfer from service labaf) lec' I L—i Go� act on Delivery Restricted Delivery 10 Insured Mail Cl Signature Gonfi, mationm 0 Signature Confirmation ?005 2570 0000 78L2 Mail Restricted Delivery 0317 00) Restricted Delivery Ps Form 361'i-.-J—Ul 15PSN7530-02-000- 53 Domestic Return Receipt FEB 1 3 2020 8 Complete items 1, 2, and 3. It Print your name and address on the reverse so that we can return the card to you. 8 Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticieAdclressed to: �v I tJ C- -Q� 4-7 -Z- UN Agent 4r4a4(r1rht- Addle d Ilia, I by Ph�red Na�e) 41 C—Dite of ell (i I D. Is delivery address different from item YES, enter delivery address below: V(No Service Type L7 Priority Mail Expressic) 13, 11 Adult Signature D Registered MajITm 0 Adult Signature Restricted Delivery 11 Registered Mai! Restricted 9590 9402 3535 7305 8625 48 I—t Certified MailO IQ Certified Mail Restricted Delivery Delivery 11 Retum Receipt for E, Collect on Delivery Merchandise 2. Article Number (Transfer from service label) D Collect on Delivery Restricted Delivery 0 Signature Confirmation - fell 0 Signatures Confirmation ?00Signatures10 0000 ?862 0324 lail Restricted Delivery T-,.'Cstqcted Delivery S Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • 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. C- 7C) ;�x by {Printed Name) G. Date of Delivery I BD: Is delivery address different fr'rn item I ? 0 Yes If YES, enter defivery address below: 13. Service Type 0 Priority Mail Express@ 0 Adult Signature 0 Registered Mail" 11111 IN III 11111 1111111 i I 11111111111111111 El Adult Sianature Restricted Delivery 0 Registered Mail Restricted 0 Certified Mailt Delivery 9590 9402 3535 7305 8625 31 0 Certified Mail Restricted Delivery 0 Return Receiptfor on Delivery � Restricted Delivery Merchandise Signature Confi ation- 0 `rmo!!e 2 2570 0000 7862 0300 Restricted Delivery 0 Signature Confirmation Restricted Delivery 7005 —Ov T PS Form 3811, July 2015 PSN 75130-02-000-9053 Domestic Return Receipt FEB 1 Ru w `let A -I .7 Ar *— 1, sir d <re-wt it I ,-- ts3JR A A TV 7. a ACV- )n.W- Irar - �► sir r 'Uc -'?zk1 G ,a. IIl I f l F-11 1 yy '.._ _' � iI i Sa, � _.m - ._ s - _ �. _ - � g " � �+i6�i �t � '3`s.'� T-� ?.�F'� �$� �•e 91t' = ®rrlr• H tda,� °� '�°+ Rr _ _ ,:�,:� `` r'.,t ,� _. r�.dr, K°- _ � .i drg � , � , � �-..,.��� -3 . ttL 0 Ara�r $�c --md1`}1-91t•3 ::L---w z° —r -.- - =� .ri 1s tt' � _ T-c+Ta _fit _ _ e s. On + fie . - -. .: • _ J'. l..+'. 'f'Z F' ..- � f I e. r t-+W �• z i a �.€.�i Yam+..>• a1y�`., x el-- &r. 'j m _ LU -3L E RECEIVED MAR 0 9 2020 0CM WILMINGTON, NC FWIXMNRCM�� I hear by certify that I own properties or I am authorized to represent the owner of property located adjacent to Preservation Point Partners, LLC (herein referred to as the "Applicant") property, which is located at 1505 Castle Ha-yrke Road e_r Count in New Hanover y_, North Carolina. The Applicant has described to me, as shown below, the proposed development at the above location, and I have no objections to the proposal. -7 INSERT DESCRIPTION AND/Olk DRAWING OF TWFIT-R`Vl 7L W71 77 (To he completed ky the Applieantproposing the development) ***Please see attached site plan, project narrative, for details of the work*** Dana A. Lutheran (SEMi Applicant (Agent 5315 South College Road, Suite Mailing Address Wilmington, NC 28412 City/State/Zip 910.228.1841 Telephone Number Signa—ia�r`e- 1/17/2020 Date Lai 10 S Property Owner (print) Mailing Address wi City/s-tate/Zip FEB 1 N 0 [ hear by ca* that I own properties or I am authorized to represent the owner of property located ad*en to PIreservation Point P3rtneri. U.C.' ein o ppeanr) pr�' is 1=,mi ,. (her - referred tas the "Ali at 1505 Castle Halne Road , in New Hanover County —, North Carolina, the Apphcwit has described �o me, as shww-a below, the proposed developraent at the -above location, and I Nave no cab}; ct ons to the proposal INSERT DESCRIPTION ANDIOR DRAWTINGOF THE PROPOSI,'D DEN'Ft-0PMj]ENT:! (To he complefed by theApplicantproposing the development) Dana A-_LqLh_graji (SE(ji) Applicant (Agent) 5315 South College R,Load �Saae E Mailing -A-ddress 1 11111111111017 �-'* # ZMWAZW�� 1282m���� 9 8. i I Telephone Number Lm UmE=.1 �i ii � I � � I � 1 ZMEMEEMEmam l'roperty ON-V-1tr �(pr!G) 0 & x- Mailing A dress Uj- t t� Date RECEIVED FEB 2 5 2020 QCM WILMINGTON, NC D C M W I L Mi I INJI G Ff, "' J FEB 1 3 Preservation Point CAMA Major Permits 1 - Appendix B Preservation Point Vicinity Map Page 11 of 26 (2/10/2020) Preservation Point C&� Major Permit ���� Appendix C DWk a£cFR Water Classification Map / \ m e . — . «Ammer ( m e »' w } tocaoe . %« \ Sc P7 12o2 Qd*222 gECL:2 U MAR O § 2020 CCQ V1, .2d«CTC&,RC I Waters 'w P-C Howe Creek (Moore's Creek)' 010316W_'N/ .01 iga[,,, N Cape Fear 44 Bradley Creek 7 Shell Island CL -Myrtle Grove Masonboro-Myrtle J, Area 13 Sound Area (west side) �7 N J A _j, --j Wrightsville Beach Area 103 19 a Cape Masonboro-Myrtle Grove 18 b Fear Sound Area (west side) .0103 River P Cape Fear River Masonboro-Myrtle Grovel ,'i .010319 a r Sound Area (east side) Masonboro- Sound Area .010319a Cape Fear PWVerr �, rt'' 1 #� _ t .010318 a Masonboro-Myrtle Grove Sound Area (west side) ry it .010318 b Masonboro-Myrtle Grove Sound Area (east side) If 8A7 This map was produced by the Geographic Information Systems (GIS) program. Informational data used to create this map were collected from federal, state, county, and private organizations. This map is a general guide to assist the public and is for illustrative purposes only. While every effort is made to keep this map accurate and up-to-date, it is not intended to replace any official source. Under no circumstances shall the State of North Carolina be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance Background imagery are U.S. Geological Fishery Nursery Aram Fishery Nursery Areas Survey 1:100,0013-scale planknetric maps. Primary Permanent Secondary Map Datum: NAD83 Special SeCOrKIMY 1 as R Map Projection: NC State Plane + Map Date: March 2011 Military Danger 1000 0 1000 20M Yards Zones and Restricted Areas MAR 0 9 201- locator map Inland waters (WRC jurisdilcton) Map 27 0.7 — 0 0.7 1.4 Miles C,;�,j Vwy i 'T ZN, NC This map was produced by the Geographic Information Systems (GIS) I r1a► program. Informational data used to create this map were collected from federal, state, county, and private organizations. This map is a general guide to assist the public and is for illustrative purposes only. While every - effort is made to keep this map accurate and up-to-date, it is not intendedto replace any official source. Under no circumstances shall the State of North Carolina be liable for any actions taken or omissions made from reliance on any information contained herein from Whatever source nor z shall the State be liable for any other consequences from any such reliance. j A 1 ` 1. a 1 /—?+n , R Cape Fear River .0103 19 a' - vx-J` t 1 , r 010319 a Cape Few River r� � Y fJ( .010319 a Cape Fear River t t 1 � f� 010319 a Cape Fear�River w U x- aril` fi 1 - �� 010319 a - Cape Fear River - 1 `, _ _ _ I` y��� C'.0 t ' ` 10 a 't r, Cape Fear River .010319 a S o Cape Fear Rorer r} ;'�' ' 319 Background inWery are U.S. Cedogical Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000-scale planimetric maps. UO Primary {{ ® Pexmanen t Secondary Map Datum: NAD83 ® Spy nd Secoary Map Projection: NC State Plane ` Map Data: March 2011 ® Military Danger MAR 0 9 202C,,000 0 1000 2000 Yards Zones and Restricted Areas locator map 0.7 0 0.7 1.4 Mies Inland walers(WRC jursdction) Map 25 Preservation Point CAMA Major Permit-�� Appendix E HSS Shellfish Closure Map North Carolina Shellfish Harvesting Area Closure Maps NOTE Shellfish harvesting areas may temporarily close due to rain. Please call 252-7 6-6827 for current temporary closures Legend - - - Shellfish Harvesting Area Boundaries Shellfish Harvesting Area Text Shellfish Harvesting Areas Open Closed N w r. North Carolina D('ti7rtrT)Cnt of Enwonwentat Ouahty Division of Mai ine Fisheries Shetttish Sanrtatron and Recreattonal Prater Ouahty Seeton Page 14 of 26 (2/10/2020) MAR 0 9 2020 ^,rep,Fr C,Nr li. DC, is tl Preservation Point CAM Major Permit 6i Appendix New Hanover County Zoning Map 13 Page l602 (2d*202) I RECEIVED MAR O§Z0/§ DCN ±7|KGTON,NC W 3 0 N O N p n, Q 75 d CD m o � m E 0 L O 0 10 rr to a m m m ID c 0 0 O 0 C) V z u m L U p ll� tit N 3 U� O N N a m o � 1/15/19 Scoping Meeting Notes 1. The site plan has been revised, to minimize impacts to wetlands, which will be less than % acre; 2. The Applicant is in the process of securing two tracts (referred to as "Progress Park"), to the east of and connected to the Corbett Tract, that are zoned industrial, front Castle Hayne Road and encompass approximately 30 acres; 3. The Progress Park tract will be recombined, with the front of the tracts (i.e. along Castle Hayne Road) rezoned to Business (132), while the remainder will be rezoned Residential (R-15) and will be part the Preservation Point SD (see attached map); 4. Currently, the combined site plan (both the Corbett and Progress Park tracts) proposes 143 lots, but this subject to change, with 1 boat slip per lot; 5. New Hanover County (NHC) Conditional Use Permit (CUP) will need to be updated to reflect the changes to the number of lots and slips; 6. Per the NHC Fire Marshal, the width of the boardwalk extending from the subdivision to the island and then from the island to the marina facility must be 10', for ATV EMS access. The Applicant to furnish ATV, accessorized with fire equipment, which is to be stored on site. 7. Need to confirm the flood hazard lines are current, on the island; 8. The COD on the Corbett Tract was previously approved; 9. The Applicant is working with NHC Planning and Zoning on pre and post stormwater quantity controls, for the residential development; 10. The Applicant has NC DEMLR stormwater approval for the Corbett Tract and are working on a design for the Progress Park tract; 11. The commercial development and some of the residential behind it will have traditional stormwater controls (i.e. ponds); 12. S&EC will be permitted through NHC; 13. It is the desire of the Applicant to selectively cut trees; 14. The island has suitable soils for septic; 15. The Applicant intends to explore if a well is possible for potable water, on the island; 16. Golf cart paths, on the island, will be mulch; 17. CFPUA code allows for septic system and well on the island, due to the distance from the subdivision; 18. Minimal area of decking, around the amenities center, is allowed within the COD (I think this was 500 SF); 19. Include kayak launches with the permit. Include water depths and total width and Y. widths of the water body, for each of these features; 20. Marine Fisheries (MF) and DCM would prefer to see fixed structures, with step downs, for the kayak launches; 21. Bathymetry needs to be updated, in the area of the marina facility, and extend all the way to the shore; 22. Provide shoaling rates for the area of the marina (i.e. difference between past bathymetry and new bathymetry data); 23. MF would like to see a buffer between the back of the slips and the island, equal to the length of boats anticipated to be using the facility, for habitat protection; 24. MF requested that the project narrative address avoidance and minimization regarding the number of slips (i.e. boat ramp not possible due to lack of vehicular access); 25. Provide width and % width measurements at different locations, if necessary, where the marina structure is to be located; 26. Ensure turning basin limits have not changed; 27. Incorporate diversion structure into the design of the marina; MAR 0 9 2020 28. Wildlife Resources noted that the area is now considered "Critical Habitat" for Atlantic Sturgeon, thus the construction methods and moratorium dates may need to be updated to reflect this consideration. This will be addressed with the Endangered Species evaluation, at which time US Fish and Wildlife consultation will take place; 29. DWR requested building footprints be added to lots where wetlands extend into the buildable area; 30. DWR requested deed notifications be placed on all lots with wetlands within the property boundaries; 31. DCM cannot accept the application until the Progress Park property is rezoned, to be consistent with the proposed uses; and 32. DCM will consider issuing the CAMA Major Permit to be valid upon the issuance of a stormwater permit for Progress Park, contingent upon the stormwater application being submitted for review. RECEIVED MAR 0 9 2020 U`a; A V'k IU aINGTON, NC DocuSign Envelope ID: E4C9l8CF-8D70-4C79-904A-6E568C7645F5 ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality June 11, 2019 New Hanover County DWR Project: 2019-0554 Preservation Point Partners, LLC Progress Park Partners, LLC Mr. Scott Rye 9827 Gogdill Road, Suite 1 Knoxville, TN 37932 Subject Property: Preservation Point Subdivision Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Rye, You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 0.379 acres of 404 wetlands and to temporarily impact 0.015 acres of 404 wetlands in order to a residential subdivision as described in the application received by the N.C. Division of Water Resources (DWR) on May 21, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 4135 (GC4135) and 4139 (GC4139). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://Mrtal.ncdenr.org/web/wq/swp/Ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. MAR 0 9 2020 QN rth Carolina Department of Environmental Quality Division of Water Resources 'TON NC ��EWilmington Regional Office i 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 aV 910.796.7215 DocuSign Envelope ID: E4C918CF-8D70-4C79-904A-6E568C7645F5 Page 2 New Hanover County 2019-0554 The Additional Conditions of the Certification are: l . This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 02H .0501 and .0502}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent, and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 021-1.0502 (b) and 15A NCAC 021-1.0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements MAR 0 9 2020 CM `;Ley isI'T0N, NC DocuSign Envelope ID: E4C918CF-8D70-4C79-904A-6E568C7645F5 Page 3 New Hanover County 2019-0554 of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.orWweb/wg/swp/ws/40 I/certsandpermits/a Mly/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at E r= V MAR 0 9 2020 DocuSign Envelope ID: E4C918CF-8D70-4C79-904A-6E568C7645F5 Page 4 New Hanover County 2019-0554 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburn(a),ncdenr.gov. Enclosure: GC4135, GC4139 Sincerely, FEM uSiyned W. S6.4 BAUACMC4.34__ Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Dana Lutheran — SEGI (via email) Rachel Capito — Wilmington Field Office, USACE (via email) MAR 0 9 2020 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00719 County: New Hanover U.S.G.S. Quad: NC -Castle Havne GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: Preservation Point Partners, LLC Progress Park Partners, LLC Scott Rye 9827 Goedill Road Suite 1 Knoxville, TN 37932 Size (acres) 390 Nearest Waterway Northeast Cape Fear USGS HUC 03030007 Agent: Southern Environmental Group Inc. Dana Lutheran 5315 S. College Road Suite E Wilmington, NC 28412 Nearest Town Wilmington River Basin Cape Fear Coordinates Latitude:34.26882 Longitude:-77.93821 Location description: Property is located west of the intersection of HWY 133 and Castle Havne Road in Wilmington, New Hanover County North Carolina. Property is bordered to the west by the Northeast Cape Fear River and Smith Creek to the south. Property includes spoil island and mosquito ditches to the NE Cape Fear. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.379 acre of wetlands adjacent to Smith Creek and the Northeast Cape Fear River for the construction of road crossings within a new residential subdivision There are an additiona10.015 acre of temporary impacts associated with the installation of utility lines. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 14. Linear Transportation Projects; NWP 18. Minor Discharges SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 4/26/2019' and the enclosed plans Preservation Point Preliminary Site Plan, Wetland Impact May dated 4/24/2019, 4/11/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class i administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Rachel Cayito at (910)-251-4487or Rachel.A.Capito(a usace.army.mil. , Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Date: 6/10/2019 MAR 0 9 2020 SAW-2019-00719 SPECIAL CONDITIONS SAW-2019-00719 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. In order for this permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 3. The permittee shall avoid the remaining onsite wetlands as shown on the approved drawings. These natural wetland areas were avoided as part of the permit application review process, and therefore, will not be disturbed by any dredging, filling, mechanized land clearing, agricultural activities, or other construction work whatsoever. 4. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). MAR 0 9 2020 1, 4 V :-T0N, NC Determination of Jurisdiction: A. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: See the preliminary jurisdictional determination form dated 6/10/2019. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information ('This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Rachel Capito Date of JD: 6/10/2019 Expiration Date of JD: Not applicable FEB 1 3 1020 :|!| }$)! NgdlIsMJVN mIena ¥ ] / u n a o ,m, IN|Od NOIIV&5]S]5d EEO �e V m Z a . V1 O N U OO O XL a C I� W lo.= = p O 3 01 O ZLn N O 3- 54J-- IMtb �E L a3 0 N O N 0 Q a� o� oLL o' 0 IN N F-TIMMIM Permittee: Preservation Point Partners, tlC. Progress Pant, t-l.C, Scott Rye Action 10: SAW 2019-00719 Project Name: Preservation Point County: New Hanover tnstructions to Permittee: The Permittee must provide a copy of this form to the Mitigation, Sponsor, either an approved Mitigation Bank or the North Carolina Division of )Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S- Army Carps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, un#ess otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code lHUC), multiple forms will be attached to the permit., and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. instructions to : The Sponsor must verify that the mitigation requirements (credits) shown below are available at the ;dentified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received fragment from the Permittee . Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2) The Sponsor must also comply with all reporting requirements established in their authorizing instrument, Permitted ImPaM and £ along FAIltigation RegWrements: Permitted t Ad` " a&fn* Ht#C and Basin; t13030007, Cape fear River Basin _ _er —I _ Stream Impacts i Wettand;i pact=(acres) -- Warm Cool Corld Riparian Riverine i Riparian Non-Riverine Non -Riparian Coastal ( 0.379 'if more than one mitigation Sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. _nsatoryfst` ' ion 'LC ate Basin: 8- Ht: 03030007, Cape fear River Basin _ Stream Mitigation (credits) _ — _ _ Wetland ti ation (credits) Warm Cocr�l '^ old ;Riparian Riverine Riparian Non-Riverine I Non -Riparian Gorrsta? 0158 `;`e :.__t(tthea3t Caoe fear Urtzbretla Atli i iyrt Bank Frac ---- — ;. ;,f the bank to be debited. For umbrella banks, also list the specific site. For NCOMS, list NCOMS, If the NCDM5 acceptance letter identifies a specific site, also last the specific site to be debited). to be c by the At!447000 Spa ason Statement of MftifPtion Liabilft Acceptance I, the undersigned, verify that t am authorized to approve mitigation transactions for the Mitigation Wow shown below, and l certify that the Sponsor agrees to accept full responsitlit#ty for providing the mitigation ident lied is this docurnent (see the table abovej associated with the USACE Permittee and Action 10 number shown- I also vergy that released credits (ant!/car advance credits for MCO S), as approved by the USACE, are currently available at the mitigaition site identified above, Further, I understand that if the Sponsor falls to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sportlicir to ensure compliance asswat . h the suit" requirements. mitigation (dame: t $ L l.,_,__ V4iLNli!' �a E N. NC Na Of SPOWSof's Authorized Repregentatilve-:6�—�-� Signature of Ssw—nso—r's Authorized Itepresentative Date Conditions for Transfer of compensat" mitigarm Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for Providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the Permit identified an page One Of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within it'risclktiovial areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. 14CDOT remains fully responsible for the mitigation until the USACE has received this form, confirmi g t Sponsor has accepted responsibility for Providing the mitigation requirements listed herein. " that the Signed copies of this document must be retained by the Permittee, Mitigation . no the USACE records for both the permit and the Bank/ILF Instrument It is the Perm a SOGOS-Or a in h $A E itteeS responsibility to ensure that the USACE Project Manager Jaddress below) is provided with a signed copy of this foren- • If changes are Proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-lov-case approval from the USACE Project Manager and/or North Carolina interagency Review Team (14CIRT). If approved, higher mitigation ratios may be applied, as W current District guidance and a new version Of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument, COmments/Additic" Conditions: A letter from it' c #irmiag their This form is not valid —iect Manager and by the Mitigation Sponsor on. Page 1, CliKe s4p-d, the Sponsor ,'�Gerto: 11 of perntw", 4 Ole usW Project Manager at the addren beilow, and 1) Athn Todd TWVN#, IZW FORS of Aleum Rood, Wake Forest NC ZM7 (e "(!PUs0ce-W?nY-mH). Questions regarding this form or any of the Permit conditions may be directed to the U;�A-14 rvjtr,« Manager below. USACE Project Manager- Rachel Capito USACE Field Office: Wilrnmgton Regulatory office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 2W3 Ernail. Rachel-A-Capito@usace,army,nui USACE Project Manager Silgaatwe Current Wilmington District rnitigation guidance. including information on mitigation ratios, fundonal assessment$, and mitigation bank location and availability, and credit classifications tincluding stream temperature and wetland groupings) is available at http://�`bits.uwe.arrny,mil FEB 1 3 CpNORTN RAYMOND GRISWOLD DEPUTY FIRE MARSHAL email: rgriswold@nhcgov.com February 19, 2020 Coastal Land Designs P. O. Box 1172 Wilmington, NC 28402 Attn: Frank Braxton Dear Mr. Braxton: NEW HANOVER COUNTY 04 FIRE SERVICES ADMINISTRATION Meea 230 GOVERNMENT CENTER DRIVE, SUITE 130 WILMINGTON, NORTH CAROLINA 28403 PHONE (910) 798-7420 FAX (910) 798-7052 Per our discussion and plan review of the Preservation Point — San Souci Island Amenity Center and Community Boat Docks, County Fire Services will require the "Boardwalk" from the mainland to Corbett Island to be a min. 10 foot wide. County Fire Services will require the 10 foot width access from Corbett Island to the docks to follow the North Carolina Fire Prevention Code. The area just prior to the actual dock area shall have an "Emergency Operations Staging Area" and it shall provide an extra area of a minimum 4 feet wide by 10 feet long clear of the 10 foot walkway and shall have a standpipe hose connection. This shall be just prior to entering the actual "T" sections of the docks and clear of all boat slips. The 10 foot width is needed to insure an adequate travel path for an ATV, associated equipment and personnel. The "Emergency Operations Staging area, is provided for the staging of all equipment prior to the docks, to stage equipment for fire fighting operations, etc. and not block an egress path out to the boats or for retreating and exiting purposes. Please revise all plans to reflect the Boardwalk and dock areas. Thank You for your cooperation and please contact me if you desire additional information. Again the Section on Marinas in the North Carolina Fire Prevention Code — Chapter 36, Section 3604.6 shall be followed. Raymond Griswold Deputy Fire Marshal New Hanover County Fire Services 910-798-7448 (off.) 910-508-0234 (cell) RECEIVE MAR 0 9 Z0Z0 D iC't,4 NC United States Department of the Interior �= FISH AND WILDLIFE SERVICE ir Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect ,nanatees in North Carolina, the Service's Raleigh Feld Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. R E CLE:IV 2. The project manager and/or the contractor will advise all construction personnel that vti 9 2020 ��.rt e �x.».iro .� i t✓� there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediatelyto the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a retort which summarizes all information on manatees e:lcountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 EEC'I=-IVE MAR 0 9 2020 �rt', %VIN,-TGN, NC :s��v�c:a�:a Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. 9T[3 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. rE�LE, ¢VL� MAR 0 9 2020 DC . V „ .�T0N; NC Preservation Point CAMA Major Permit Appendix P New Hanover County Flood Map O 0 0 0 0 O 0 000000 O 000 00 0000 00 O 0 0 0 O 0 0 0 O X ® 0000000 00 AE9 0 00 0 00 004 0 0 0 ® 00 � 0 � 0 0 00 � Project Site O 0 00 O 0 0/ 0 0 0 O 0° 0 0 0 0 0 00/0 0 0 O00 0 / 0 0 00 00 00 Q p0 00 0/ 0 0 1 0/ O AE9 O 00 � 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 Page 25 of 26 (2/10/2020) 0 0 O 0 0 101 RECEIVED MAR 0 9 2020 NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 1 F: (910) 798-7053 1 NHCgov.com Wayne Clark, Director January 24, 2020 Frank Braxton Coastal Land Design, PLLC P.O. Box 1172 Wilmington, NC 28402 VIA EMAIL: FBraxton@cldeng.com RE: Z17-09 — Special Use Permit — Preservation Point Community Boating Facility Mr. Braxton, At their January 6, 2020 meeting, the Board of Commissioners voted (5-0) to approve your application for a community boating facility located on 134.9 acres of land located within the Preservation Point development and near the 100 block of Brentwood Drive. Enclosed is the Board's Order. If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7571 or gismith@nhcgov.com. Sincerely, Gideon Smith Current Planner cc: Matthew Nichols, Law Office of Matthew A. Nichols, matt@mattnichoislaw.com Nikki Cooper, Law Office of Matthew A. Nichols, nikki@mattnicholslaw.com Z17-09 Case File RECEWED MAR 0 9 2020 NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 j F: (910) 798-7053 f NHCgov.com Wayne Clark, Director October 18, 2019 Frank Braxton Coastal Land Design P.O. Box 1172 Wilmington, NC 28402 VIA EMAIL: FBraxton@cldeng.com RE: Preservation Point — Performance Residential Development — Preliminary Plan Approval Mr. Braxton, The Preservation Point performance residential preliminary plan has been approved by the Technical Review Committee (TRC). The approved preliminary plan consists of 123 single-family dwellings and 27 multi -family dwellings on 198.65 acres of land located near the 1500 block of Castle Hayne Road (PIDs# R04100-001-150-000; R04100-001-015-000; R04100-001-028-000; R04100-001-016-000; R04100-001-002-000). This approval is valid for two years unless a final plat application for all or a portion of the project is submitted to the County. The approved preliminary plan is enclosed. Please note the project may be subject to additional regulations of the County's development ordinances, including but not limited to, those referenced in the TRC commL-nts dated June 26, 2019. In addition, this approval does not relieve the applicant from any law, regulation, or requirement of any other government or regulatory agency. Approval of this preliminary plan allows for construction plans to be approved for the subject project. Construction plans must be approved by the TRC prior to full site work taking place on the property. If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7571 or gismith@nhcgov.com. Sincerely, I, U Gideon Smith Current Planner �211VE" MAR 0 9 2020 Page 1 of 2 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry September 19, 2019 Bobby Southerlin Archaeological Consultants of the Carolinas, Inc. 121 East First Street Clayton, NC 27520 Re: Archaeological Report, Preservation Point Subdivision, 1505, 1541, 1603, & 1607 Castle Hayne Road, Wilmington, New Hanover County, ER 19-1706 Dear Mr. Southerlin: Thank you for the archaeological survey report concerning the above -referenced project. It is a well written report that clearly describes the methodology and results. The cultural overview was especially well crafted, specific to the geographic area of the investigation and utilizing the most recent research. Two late 20' century home sites and one prehistoric archaeological site were identified and assessed during the survey fieldwork. All were determined to have no additional research value beyond what was conducted and presented in the report. Because of this they were not considered eligible for listing on the National Register of Historic Places. Archaeological Consultants of the Carolinas, Inc. recommends no further archaeological investigation in conjunction with the Preservation Point Subdivision project. We concur with this recommendation. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewnao ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy 11 VLE D Deputy State Historic Preservation Officer MAR 0 9 2020 cc: Dana Lutheran, Southern Environmental Group, Inc. (SEGi) Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator [Michael P. Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director May 23, 2007 Amanda L. Kolb Environmental Consultant Southern Environmental Group, Inc. 5315 S. College Road, Suite E Wilmington, NC 28412 Re: Request for Information Concerning 8-acre Spoil Island, Adjacent to 1521 Cpstle Hayne Road, Wilmington, New Hanover, ER 07-1035 Dear Ms. Kolb: We have reviewed your May 14, 2007, request for comment concerning the existence of historic or archaeological resources on an 8-acre spoil island .27 mile north of the mouth of Smith Creek on the Northeast Cape Fear River. Though the island is situated within historic rice fields and the adjacent waters may contain submerged archaeological resources, there are no known historic or archaeological sites on the high ground (above mean high water) of that property. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, cn..� ��& &_� — ter Sandbeck RE � y s� �EIVED MAR 0 9 2020 13 ",1 Vs' _"I 'b 3�'0 N, �JC Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 h1ail Service Center, Raleigh NC 276994617 (919)733-4763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547n 154B01 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 ENGINEERING Government Center Drive, Suite 160, Wilmington, NC 2840 P: (910) 798-7139 J F: (910) 798-7051 1 NHCgov.com Jim lannucci. PE, CFM, County Engineer December 20, 2019 Coastal Land Design, PLLC PO Box 1172 Wilmington, NC 28402 Attn: Mr. Jay Carmine, PE RE: Preservation Point Dear Mr. Carmine: We have reviewed the application and submittal package for the above referenced project and have issued an "Authorization to Construct". Any deviations from the approved plans will require re -submission. The approval issued by the County is that the application and supporting documents are complete and in accordance with the requirements of the ordinance. Nothing whatsoever in the approval should be construed as or be deemed to create additional duties on the part of the County of New Hanover that are the responsibilities of the Owner and the design professional. If there is a need for a change in ownership, an "Ownership Change Form" trust be submitted and a fee of $100.00 will be required. Please be advised, if the land disturbing exceeds one acre, the project will need a Sedimentation &, Erosion Control Permit prior to the disturbance, Please note. Upon completion of the construction required by the "Authorization -To -Construct'; the design professional's certification must be delivered to the County. If you have any questions regarding the foregoing information, please contact our office. Sincerely, Phil Bevilacqua, FE, Chief Project Engineer New Hanover County PB/pdj CC' File #784-12/20/19 Mr. Peter S- Rye a Preservation Point Partners, LLC RMCEIVED MAR 0 9 2020 U � a cl � U a Cd cd 0 uz o � •3 ci • Q 4�7 � b O w C '�3 'l. u a• ° � U do i.+ y � ° CJOR V O O d y des u O O ►• ate J .' fi �+ O � aV G w; ms w e 4 72q g acd" r w 16 G �++� L O Of Q'C •� .� s EME `er i4'? ��°ocoo''° •i �o�°�-a u a,•°�Y xv�p• =41 o yuy��'a'v ��O'"•0�O b y a 4 a vOi 400 y V O 3 V G K W. V W O d cc A E— o u a°. 'ti y�� 41 p u w" d v Coc e a, u = �°= R, o, d C Lu D c, cl 0 U �hf1� V1 W t MAR 0 9 208 January 111, 2020 Preservation Point Partners, Ll-C 9827 Cogdill Road, Suf-te 1 Knoxville TN 37932 NEW 14AMOVE-R COUNT Y' ENGINEERIN(S '30 k"civenment Center Drive, suite 16 i -o. wlirnington, N( 21 3 P'(910)798-7139 (9jc))79g.71)5,j I NHCgov.corn Jiro lannuccl, PC, CpfA, CoLirrCy Engirjeej RE: Grading Permit #29-19 Revision #1. Preservation Point Dear Mr. Scott Rye, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with performance reservations and modifications, Please read the egrmit conditions 19fe ufly offir return th�"t ned blue Oriffin0l to our office and kee the!�qpv for your records, p As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit- This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project,. according to State Story water requirements. The NOI form. may be accessed at deq,nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at or Paul Clark at i,, After You submit a complete and correct NOI Form, a COC will be emailed to you within three business days, initially, DEIALR will not charge a fee for coverage under the NCG01 permit However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Rlaleigti- A copy of the eoclosed land disturbing permit, a copy of the approved erosion and sedimentation control plan as well as any approved deviations, the NCG01 Permit, ia copy of the Certificate of Compliance (COC), records of inspections made during the previous 30 days and a rain gauge must be posted at the job site. Theland disturbing fee of —S12�O4� is due to be paid to New Hanover County Engineering, to my attention, prior to Plat Recordation. A preconstruction meeting is optional prior to any land disturbing activity on this project. Please contact file at (910) 798-7139 if You would like to schedule this meeting in our office If you choose not to have the preconstruction mee:: i- VOU il--- act us wit". the date land disturbing activity will takeMaceansite and ap,ain once the init;'1- C --fes are installed, F, E C. '2- 1 MAR 0 9 ZOZO Q" jA Vy- N, NC Page 1 of 2 New Hanover County's Erosion and Sedimentation 'Control Program is perforrrr?afJCre_ oriented., requiring protection of existing natural resources and adjoining properties. If, following the commencement of the project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County's Erosion and Sedimentation Control Ordinance, this office may require revisions to the plan and its implementation of the revisions to insure compliance with the ordinance. This land disturbing permit will expire within 1 year following the date of approval, if no land disturbing activity has been undertaken. if no activity takes place within one year after work has begun onsite, the permit wi ll expire. Please contact this office to reactivate a permit that has expired. Acceptance and approval of this erosion control plan is conditioned On your compliance with Federal and State water quality laws, regulations and rules, This Permit will not preclude any other permits or approvals necessary for beginning or completing this development, It is the owner's responsibility to have all the approvals and permits that are required prior to beginning construction. Please note this approval is based in part on the accuracy of the information provided in the Financially Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form Your cooperation is appreciated, Beth Easley Wetherill NHC Soil Erosion Specialist C' Gideon Smith, Current Planner New Hanover County Jason Carmine PE, Coastal Land Design PECEIVED MAR 0 9 20N p,r,�4 V;� CTCN, NC M30Z= New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 (910) 798-7139 Permit # GP 29-19 Revision #1 LNVP 19-00126 This permit issued to Preservation Point Partners, LLC authorizes the development of 40.15 acres of land at 1541 Castle Mayne Road for Preservation Point in New Hanover County with - reservations and modifications. This pert -nit issued on October 25, 2019 is subject to compliance with the application aj- 5. all applicable regulations and special conditions and notes set forth below. Any plan modifications muss be ARproMd by th,,, _=.. �#cerior �to field �chan changes. It is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at any time following the issuance of this Permit A copy of the approved Soil Erosion Control Plan, this permit, a rain gauge and copies of the Combined Self -Monitoring and Self -inspection Reports must be available at all times at the site, Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, may result in immediate legal action by the County to the limits prescribed by the Ordinance. if the measures outlined on the approved Soil Erosion Control Plan and this Permit prove insufficient, additional Erosion Control measures can and will be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other permits or approvals necessary fear beginning or completing this development. Approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules- It is the Permittee's responsibility to obtain all necessary permits and approvals. SPECIAL CONDITION *This project will be built in 2 phases, The Phase I LOD is for infrastructure work and Phase li LOD is for lots which will reouites additional erosion control if not built on by the permittee. The commercial area along Castle Hayne Road will be permitted separately. All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction These include 2 construction entrance, 2 ditch plugs with immediate ditch filling, silt fences, inlet and outlet protection, 2:1 sloped lined diversion ditches with 2 foot bottoms, 3:1 sloped lined curb outlet swales 2 feet deep with 4 foot bottoms, 3:1 sloped lined vegetated outlet ditches a minimum of 2 feet deep with 4 foot bottoms, 2 temporary wetland crossings with silt fences, the second wetland crossing is not allowed until the wetland permits updated and approved, a rip rap lined performed scour hole, 12 sediment traps with 3 coir baffles in each trap with sodded slopes and Faircloth skimmers, a sediment basin with sodded slopes and a 2.5 inch Faircloth skimmer with a 2.4 inch orifice, stockpiles surrounded with 01 fence, concrete washouts and all NCGO1 regulations, All skimmers in sediment traps will be Faircloth skimmers- Sediment -- skimmer is I.S inches with a 0 8 inch orifice, trap 2 is 1-5 inches with a 1.0 inch skimmer, trap 3 is 2 inches with a 1.6 inch trap 4 is 15 inches with a 1.4 inch orificb t D MAR 0 9 2020 , N1 C (Continued) - Page Two 7eNMRVV1V1W2=F_T Revision #1 LNOP 19-00126 inches with a 1.0 inch orifice, trap 6 is 2 inches with a 16 inch orifice, trap 7 is 1.5 inches wit h a 14 inch orifice, trap 8 is LS inches with a O,8 inch orifice, trap 9 is 1.5 inches with a !.0 inch orifice. trap 10 is 1.5 inches with a 1 .0 orifice, trap 11 is 1.5 inches with a 1.2 inch orifice, and trap 12 is 1.5 inches with a LO inch orifice. All disturbance in wetlands must be done between rain events and disturbed area in tine wptland!, must be fined with jute. Hay bales are notaltowed It lots are not built on by the pernrittee, additional permits will be required and additional erosion control on the lots in Phase 2 will be required All Section 2 & 3 lots shalt have driveway culvert? as sized on the plan. Revision #1 approved 1/17/20 for 2.35 acres roar ofisne utilities and a storage and layclown area on the commef cial lot and includes silt fences and a 2:1 sloped stabilized stockpile with silt fence- Notes Construction entrances may also be required. `Tree Removal Permits and/or Approvals arerequired from the City of Wilmington and/ot New Hanover County 21jgLf to issuance of this permit and clearing the stte 'Silt fence stakes must be steel and will be placed six feet apart without wire reinforcement or eight feet apart with wire reinforcement. Silt fence is not allowed as inlet protection, *This permit does not preclude any permits OF approvals which may be necessary such as the City of Wilmington or New Hanover County Stormwater, Planning or Zoning, NCDEQ Stormwater, Water Resources or Waste Management, C,A.M.A,, The US Army Corps of Engineers or any other agencies - *No sediment shall leave the site *If plan revisions are necessary you must submit a copy to this office for approval REigr to any field changes. "If soil is brought onto this site or removed from this site, tt must come from or be tO.en to an approved or permitted site to be identified to this office pr zr to being brought onsite or removal from the site. "All City and/or County and State drainage and stormwater requirements will be adhered to_ *If these measures fall to adequately control erosion, more restrictive measures will be required. "If any phase of grading ceases for more than 15 working days, the site will be temporarily stabilized. "All slopes must be stabilized within 21 calendar days of any phase of activitV. The approval of an erosion control plan is conditioned or the applicant's corripliance with Federal and State Water Quality laws, regulations and rules. "'Note the required rates for seed, lime, fertilizer and mulch in your seeding specifications *Enclosed is a Combined 5f'Vt-lonitoring and Self -inspection form that meets of both the NPDES Stormwater Permit for Constructrt ! �� NCG 010000 reporting and the Land ftesclurf...s, Program that satisfies the requirements of the _ ; - �rttation Pollution Control Act. These are mentioned below requirements for each program. These rts are the responsibility of the ly owner. They require a rain, inspections and reporting everV?lcid within 24 hours of every s n per 24-hour period ar, - - z cif. Y of construction. Additiona i o! finis Combined Construction 44eport can be found at:--., gj web,%qqj; Rfobe &I_eoor['--_Z V-J'L Q­J4_R5tiv'­S' cooiao' 61'ev, Hai-ftnilo Or!'inty 79f,'_ ;Ilsi C'i -ilt, L-T-W fjvr it, Pi ZIPF Ni rittAl R Zj iceI! (019fi ' I � f t2151 "'Note the NPDES information from the State for sites disturbing I acre or more and the report --sments. All projects roust include the following surface water withdrawal locations and stabilization requirement designa;� i_ _�"_ plan in order to qualify for coverage under the most recent NPDES Construction General Permit. All settling basins MW ,Veoutlet 5t(UCtUreS that withdraw water from the surface, with the excepticin of basins or traps that have a drainage area of less than I acre. Th= ,DES permit also requires ground cover within 14 calendar days on disturbed flat areas and ground cover within 7 raki i! ") MAR 0 9 2020 (Continued) - Page Three Permit # GP 29-19 LNDP 19-00126 areas within HQW Zones, perimeter dikes, swales, ditches, per-irrieter slopes and all slopes steeper than 3,1 Exceptions include slopes that are 10 feet or less in length and not steeper than 2.1 which must be stabilized within 14 calendar days and slopes greater than 50 feet which roust be stabilized within 7 calendar days. it requires inspections of all erosion control measures and reporting every 7 days and within 24 hours of every 1.0 inch rain event in a 24-hour Period, This permit also includes other new requirements which are listed in the text of the NPDES Stormwatet Discharge Permit for Construction Activities, which is included with the original copy of each land disturbing permit, *Note the Land Resources Self -inspection Program Requirements. This program is separate from the NPDES reporting and requires inspection and documentation after each phase of construction. These phases include. Installation of perimeter erosion control measures, Clearing and grubbing of existing ground cover, Completion of any phase of grading of slopes or fills, Installation of storm drainage facilities, Completion of construction or development, Establishment of permanent ground cover sufficient to restrain erosion and any Deviation from the approved plan. *Pre -construction meetings are optional. Contact Beth E. Wetherill at (910) 799-7139 to set up a meeting prior to land disturbing activity onsite. If you do not choose to have a preconstruction meeting . r to startina work n MM-19-111 W. Almr, �7rlo This Permit will expire one year from date of issue Acknowledgment of Receipt of Permit if no construction activity begins on site. This permit may not be amended or transferred to ano!tgLparty without Mroval of this office, Beth E. Wetherill, CY.E.S.C. Sail Erosion Speciallst/Nevir Hanover County Owner RV (please print) Signature MAR 0 9 2020 0 r-Ti o !V O � N O lk s m a IR s 14,. i a3 n f= I iI i i V I 'f F - 47 s� f m m m m a Q �k J m o f` -•� McGuire, Tyler D From: dlutheran@segi.us Sent: Monday, March 9, 2020 1:59 PM To: McGuire, Tyler D Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Attachments: Preservation Point CAMA Major Revised MP-1, 2, 3 and 4 and Sup Doc to DCM Final.pdf; Hough and Kinder Morgan Green Cards.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: CAMA External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Tyler, Attached are the following documents, that are meant to replace the previously submitted copies: MP-1 M P-2 M P-3 M P-4 Revised set of plans (as part of Supplemental Doc.) — Please note we are limiting the project limits, for the island amenities center, to those areas we are proposing work. This should reduce the need for evaluation of areas outside of 100' of the development areas. Project Narrative — Due to the fact that page numbers changed, I included the entire document with appendices. I believe the attached documents are consistent across the board and have been revised as per your comments. To address Jason's comments regarding the alignment of NHW and coastal wetland lines, performing a survey of these lines would be exorbitant, in cost, and unnecessary, as permanent impacts to coastal wetlands are not required. In fact, the proposed development is far removed from any coastal wetlands. The submittal of the CAMA Major will prompt the USACE to perform, if so desired, a verification of the spoil island. They may choose to issue a "desktop JD", meaning they approve the line based on previous and current maps. I have reached out to the surveyor to get a copy of the most recent survey map, with metes and bounds and will forward upon receipt. Lastly, I have attached the Kinder Morgan and Hough green cards. If you'd like to sit down and go over the dots together (may be easier with the both of us looking at them), please let me know a date and time, and I will be there. Feel free to call if you have any questions, in the meantime. Dana RECEIVED MAR 0 9 2020 1 DCM WILMINGTON, NC Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 2841 2 Office: 910.45 2.271 1 Mo6ile:910.228.18+1 (Preferred) www.segi.us [segi.us] From: dlutheran@segi.us <dlutheran@segi.us> Sent: Tuesday, February 25, 2020 4:08 PM To: 'McGuire, Tyler D' <Tyler. McGuire@ ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application -Additional Information Required Hello, Tyler. Attached is the missing page and the Corbett Package Co. signed Notification Statement. I believe that's everything you needed. Dana Southern E nvironmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 2841 2 Office: 910.45 2.271 1 Mo6ile:910.228.18+1 (Preferred) www.segi.us [segi.us] From: McGuire, Tyler D <Tyler.McGuire@ncdenr.eov> Sent: Friday, February 21, 2020 3:49 PM To: dlutheran@segi.us Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Dana, I have received the Fire Marshall's correspondence. However, the plans are missing CW-D1 for the cross sections of the proposed upland fill. Can you either send me a copy of CW-D1 or drop off a copy? Thank You, Environmental Specialist Division of Coastal Manaument [nccoastalmanagement.net] North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tyler.McGuireAncdenr.eov RECEIVED MAR 0 9 2020 2 DCM WILMINGTON, INC *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran(c@segi.us [mailto:dlutheran@segi.us] Sent: Wednesday, February 19, 2020 4:51 PM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hi, Tyler. Attached is the fire marshal's letter regarding the boardwalk. I am still awaiting Corbett's green card. I believe it must have gone to the wrong address. UGH! Dana Southern Environmental Group, Inc. 5315 South College }toad, Suite E Wilmington, NC 28+1 2 Office: 910.452.271 1 Mo6ile:910.228.18+1 (Preferred) www.segi.us [segLus] From: dlutheran(a@seei.us <dlutheran@segi.us> Sent: Tuesday, January 21, 2020 2:00 PM To:'McGuire, Tyler D' <Tyler.McGuire@ncdenr.gov> Cc:'Mairs, Robb L'<robb.mairs@ncdenr.gov>;'MacPherson, Tara' <tara.macphersonC«@ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application -Additional Information Required Hi, Tyler Yes, that is doable, for me. Southern Environmental Group, Inc. 5515 Soutk College Road, Suite F Wilmington, NC 28+1 2 Office: 910.452.2J 1 1 Mo6ile:910.228.1841 (Preferred) RECEIVED MAR 0 9 2020 3 QCM WILMINGTON, NC www.seji.us [segi.us] From: McGuire, Tyler D <Tyler.McGuire @ncdenr.gov> Sent: Tuesday, January 21, 2020 1:59 PM To: dlutheran@segi.us Cc: Mairs, Robb L <robb.mairs@ncdenr.eov>; MacPherson, Tara <tara.macpherson@ncdenr.eov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Dana, Can we make the Preservation Point site visit on Monday February 3RD around 10:00 AM? We will be meeting at the Cape Fear Memorial Boat Ramp and taking a boat up to the project site. Let me know if you can make this site visit on this day. Thank You, Environmental Specialist Division of Coastal Management [nccoastalmanagement netl North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Ty1er.McGuire(&ncdenr.2ov *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran@segims [mailto:dlutheran@segi.us] Sent: Tuesday, January 14, 2020 4:29 PM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.eov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hey, Tyler. I was talking with David Scibetta, here in our office, and he said we wouldn't be able to get a boat up in those ditches. Would need a canoe or kayak. What would be best is a drone!! Thoughts? 5outkern Environmental Group, Inc. 5515 South College Koacl, Suite F Wilmington, NC 2841 2 office: 910.45 2.271 1 l MAR 0 9 2020 DCM WILMINGTON, NC Mo6ile:910.228.18+1 (Preferred) www.segi.us [segi.us] From: McGuire, Tyler D <Tyler.McGuire (a@ncdenr.gov> Sent: Monday, January 13, 2020 4:28 PM To: dlutheran@segl.us Subject: RE: [External] RE: Preservation Point CAMA Major Application -Additional Information Required Dana, Are we going out on your boat or do we need to go out on one of ours to reach the site and make a site visit? I was going to see if either Tara or Robb (maybe both) can help me make this determination if Coastal Wetlands are growing in the project area for the marina for Preservation Point. If we use your boat can it accommodate up to 4 people? Thank You, Environmental Specialist Division of Coastal Manaeement [nccoastalmanagement nett North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tyler.McGuire(& ncden r.eov e��Q.E IQ$` .�,�Al *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran@segi.us [mailto:dlutheran@segi.us] Sent: Friday, January 10, 2020 9:48 AM To: McGuire, Tyler D <Tyler.McGuire @ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi, Tyler I've attached the January tide chart for the Cape Fear. Take a look and tell me which date is best for our site visit. Thanks. Soutliern Environmental Group, Inc. 5515 South College }toad, Suite E Wilmington, NC 2841 2 RECEIVED MAR 0 9 2020 0CM WILMINGTON, NC Q{fice: 910.452.271 1 Mo6ile:910.228.1841 (Preferred) www.se�i.us [segi.usl From: McGuire, Tyler D <Tyler.McGuire @ncdenr.gov> Sent: Monday, December 23, 2019 11:48 AM To: dlutheran@segi.us Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required That works just fine for me. See you Friday @ 10 AM. Environmental Specialist Division of Coastal Management [nccoastalmanaciement.net] North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Ty1er.McGuire(a,ncdenr.i!ov *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran@segi.us [mailto:dlutheran@segi.usl Sent: Monday, December 23, 201r 11:28 AM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Subject: [External] RE: Preservation Point CAMA Major Application - Additional Information Required External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi, Tyler I can meet you this Friday. How bout 10 am? Southern Environmental Group, Inc. 5315 50utk College }load, Suite E Wilmington, NC 2841 2 Qi-fi ce: 910.45 2.271 1 Mo6ile:910.228.18+1 (Preferred) www.segi.us [Segi.us] RECEIVED MAR 0 9 2020 DCM WILMINGTON, NC From: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Sent: Monday, December 23, 2019 11:25 AM To: dlutheran@segi.us Subject: Preservation Point CAMA Major Application - Additional Information Required Good Morning Dana, I was wondering if you would like to come in and meet with me to go over the CAMA major application for Preservation Point? I reviewed the application and determined we need additional information in order to accept it as complete and process it. I would like to go over the additional information with you instead of just sending it back. I will be available today and Friday, as we are closed Tuesday through Thursday for the holiday. I will also be available all next week except on Wednesday for that holiday and Friday I will be in the field. Let me know which day works best for you and I will schedule a time for us to go over the additional information for the application. Thank You & Merry Christmas! Environmental Specialist Division of Coastal Management f nccoastalmanaclement.netl North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tyler.McGuire(&ncdenr.2ov *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. MAR 0 9 2020 .Q M WILMINGTON, NO MacPherson, Tara From: dlutheran@segi.us Sent: Tuesday, March 24, 2020 10:50 AM To: MacPherson, Tara Subject: RE: [External] RE: Preservation Point Application Attachments: CAMA Major Supplemental Document 3-24-2020.pdf Tara, See my responses below and the CAMA Major Permit packet attached. `,)outkern E-nvironmental Group, Inc. 5315 5outk College Koacl, ,," cite F Wilmington, NC 2841 2 Office: 91 0.+5 2.271 1 Mo%ile: 91 o.228.1 841 (preferred) www.5ePgi.us From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Monday, March 23, 2020 4:31 PM To: dlutheran@segi.us Subject: RE: [External] RE: Preservation Point Application Hey Dana, I am trying to get through this thing and there are multiple copies everywhere... I think I have the most recent. You should have the most recent version, as I sent you the complete packet, via email, on 3/20. The Narrative, MP-1 and MP-2 do not show the same dimensions for the following: B1 A-C is it 2100 or 2. 10?? Fixed KL1-1— Is lt�r 229 x 6? Fixed KL2-1 is iC21DDr 204 x 6? These need to match and please make sure the drawings sale for the correct dimension. Fixed How many areas are elevated above navigable waters on the Boardwalk... I only see one on the drawings? One The upland form states that there is a 15 ft. by 15 ft. gazebo ... is this the one on the plans over Section 404 wetlands? Yes Is the spoil island going to have septic but the rest of the site will be CFPUA? Septic I am unclear as to what the approved limits of disturbance were on the previous projects for these parcels... can you clarify? The limits of disturbance approved previously consisted of only the mainland part of the project. 1 There were notes left from the last review Jason looked at... the CW/NHW line. Those lines are most likely not the same... were these points surveyed (please provide land surveyor stamp) or verified when Robb and Tyler went out? We need to discuss this. Please call me Is there a copy of the new J%D since the old one was expired? The JD is part of the previously issued NWP. The temporary impacts for wetlands on A-2 went from a 6 ft. wide temporary corridor to 20 ft. on the latest submittal... why? We had 2, 6' wide temp. impact corridors on each side of the 10' wide boardwalk, but that didn't include the area under the boardwalk. So, we added that area and made the temp impact corridor 20'. 1 want to make sure they do not find themselves in violation due to unauthorized, temporary impacts. B-1 the side view for the kayak launch does not show the edge of channel... are water depths surveyed? X width of water body, but edge of channel... Please see the detail (top right corner) for the water depths, which were surveyed, marsh lines and % width of the waterbody calcs. C-1 Kayak launch 2 detail... need water depths across the channel to define edge. The dock and launch plan shows that the float will be below MLW?? Please see the detail (top right corner) for the water depths, which were surveyed, marsh lines and % width of the waterbody calcs. This area is not PNA. It is my understanding that we are not required to keep the float from resting on the bottom. I had stops there, but Tyler said they weren't necessary. D-1 The riparian corridor line was removed on the latest version. Again.. we need transects to determine the edge of channel on the drawing. We need to discuss this. Please call me . D-2 please convert so MLW is 0.0 on the profile view. I believe this has been done. Please indicate the limits of already approved impacts on the plans for an overview of the entire projects and all parcels. They are shown on the Wetland Impact Map (CW-1, Sheet 10 of 12) If you have already done any of this I apologize. I am coming into the game very late on this one. We can work together to get this moving? Thank you, Tara Tara rrlacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson o)ncdenr.aov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Pubhc Records Law and may be disclosed to third parties. From: dlutheran@segi.us [mailto:dlutheranPsegi.us] Sent: Friday, March 20, 2020 9:03 AM 2 NORTH CAROLINA Environmental Quality April 15, 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(o-)NCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: Preservation Point Partners, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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 h Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Book 6184 Page 1992 BK: RB 6184 PG: 1992 -1999 NC FEE $26,00 2018037340 ED: RECORD RECO ED: NEW HANOVER COUNTY, REAL ESTATE TAMMY THELISCH BEASLEY 08:36:41 AM EXTX $4000.00 REGISTER OF DEEDS BY ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $4,000.00 Parcel Identifier No.M TIIUV -vur , vy-vvv, t-V - I; Iv v - V W I vim- V WV, r!Az--1 I I/ W ' `••• � — Verified by _ County on the clay of 2018 By: Mail/Box to: This instrument was prepared by: Richard M. Morgan Morgan & Carter PLLC 602 Market Street, Wilmington NC 294g1 Brief description for the Index: THIS DEED made this day of December, 2018, by and between GRANTOR GRANTEE CORBETT PACKAGE COMPANY, a North Carolina general PRESERVATION POINT PARTNERS, LLC, a Tennessee partnership limited liability company P.O. Box 210 9927 Cogdill Road, Suite 1 Wilmington, NC 28402 Knoxville, Tennessee 37932 Enter in appropriate block for each Grantor and Grantee: name, matung aaaress, ana, it appropriate, cnarac►er of cauuy, G.E;. corporation or partnership The designation Grantor and Grantee 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, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in New Hanover County, North Carolina and more particularly described as follows: Being all of Tract 3A, Tract 3B, and Tract 3F as shown on a map entitled "Deed Retracement Survey of Lands Belonging to Corbett Package Company", prepared by ESP Associates, P.A., dated May 2, 2017, and recorded in Map Book (PT , Pages 3M '3o 1 Q %A 10 -.a, in the office of the Register of Deeds of New Hanover County, reference to which map is hereby made for a more particular and detailed description. The property hereinabove described was acquired by Grantor by instrument recorded in Book Page All or a portion of the property herein conveyed includes or X does snot include the primary residence of a Grantor, A map showing the above described property is recorded in Map Book G 5- , Pages 10013-40l 30 a, in the office of the Register of Deeds of New Hanover County. submitted electronically by "Brian A. martin, LLC" BAR 0 9 2020 in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. 1�ri 4/4d1 i:4ai 8rr 0TON, NC Book 6184 Page 1993 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: 2018 taxes, and easements and restrictions of record applicable to the above real estate, and zoning, building code, and similar laws and ordinances. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. CORBETT PACKAGE COMPANY By:��! Edward M. Corbett, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, EVa%/` f 4 t&s , a Notary Public for the County of _- S+/'j0'SeA) and State of North Carolinasdo hereby certify that EDWARD M. CORBETT, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that he voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, the i'h day of Dec er, 2018. No blic My Commission Expires: t? r Printed Name of Notary Public: Page 2 of 8 MAR 0 9 2020 Book 6184 Page 1994 CORBETT PACKAGE COMPANY Bly JW. Corbett, Partner STATE OF NORTH CAROLTNA COUNTY OF NEW HANOVER 1, �� i/ e�y�el>/ 'a Notary Public for the County of � l��V' and State of North Carolina, o hereby certify that JAMES W. CORBETT, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that he voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, this the el-4 day of December, 2018. OF!Public My Commission Expires: t�OTARy Printed Name of Notary Public: P • *UFjLiG 2v �r,Y4z,E ice. - I Page 3 of 8 MAR 0 9 2020 �s,am C M ,. Book 6184 Page 1995 CORBETT PACKAGE COMPANY ByIM Diana . orbett, - rustee a David Scott Corbett Trust Agreement dated September 12, 20I6, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, U ��/nf �� %421S a Notary Public for the County of .i1r+tool-'ON and State of North Caro fma, do hereby certify that DLANA. G. CORBETT, as Co -Trustee under the David Scott Corbett Trust Agreement dated September 12, 2016, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed, Witness my hand and notarial seal, this4he ZI07 day of December, 2018. No blic My Commission Expires: S`/c� !?-wo ' Printed Name of Notary Public: Alzhe/-4 S' 0 E IV Page 4 of S MAR 0 9 2020 NN N C Book 6184 Page 1996 i r CORBETT PACKAGE COMPANY F By: n..' Shannon Corbett Maus, as Co -Trustee under the David Scott Corbett Trust Agreement dated September 12, 2016, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER a Notary Pub he for the County of _ and State of North Carolft14 do hereby certify that SHANNON CORBETT MAUS, as Co -Trustee under the bavid Scott Corbett Trust Agreement dated September 12, 2016, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal e — day of DeeWber, 2018. My Commission Expires: /0 '9e E Printed Name of Notary Public: p,ErC-�1C, D Page 5 of 8 MAR 0 9 2020 Book 6184 page 1997 CORBETT PACKAGE COMPANY By. bjnn& Q.Q G . Kendall C. Cobb, as Co -Trustee under the William H. Corbett, II Trust created under Article II of the Last Will and Testament of William H. Corbett,1I, dated January 16, 2007, Partner STATE OF NORTH CAROLINA COUNTY OF t %h 1, t / I zk, p I- H EP , a Notary Public for the County of �A and State of North Carolina, do hereby certify that KENDALL C. COBB, as Co -Trustee under the William H. Corbett, II Trust created under Article 11 of the Last Will and Testament of William H. Corbett, II, dated January 16, 2007, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, this the day of December, 2018. ERt7ABETti J.-H--ALE Noiazy blic NOTAFty Pt1BLIC My Commission Expires; AGQAf— _ �i-QDYI I NASH 00M, NC Printed Name of Notary Public: " Page 6 of & MAR 0 9 2020 Book 6184 Page 1998 COR13ETT PACKAGE COMPANY By: CORPAC, LLC, Partner By W. Albert Corbett, Member- eget' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 JS , a Notary Public for the County of �- Q l n a"S G' 4) _ and State of North Carolini, do hereby certify that W. Albert Corbett, Member -Manager of Corpac, LLC, partner of CORBETT PACKAGE COMPANY, this day personally appeared before me acknowledging to me that he voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, the 41hedayofDocember,2018. No Public � My Commission Expires:46fJ (O a?.? Printed Name of Notary Public: •r C LE ItVE Page 7 of 8 MAR 0 9 2020 Book 6184 Page 1999 CORBETT PACKAGE COMPANY By: I Vivian T. Corbett, as Co -Trustee under the William H. Corbett, II Trust created under Article II of the Last Will and Testament of William H. Corbett, II, dated January 16, 2007, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER , a Notary Public for the County of aAZQ nd and State of North Carolina do hereby certify that VIVIAN T. CORBETT, as Co -Trustee under the William H. Corbett;11 Trust created under Article II of the Last Will and Testament of William H. Corbett, II, dated January 16, 2007, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, this the L-- day of December, 2018. 44 e Z, Se cell Public My Commission Expires: Printed Name of Notary PA�W �Sp � Lam,_ %AOTAq), ,*UBLIG c�_-C E. 1.V MAR 0 9 2020 Page 8 of 8 Mn Book 6201 Page 1738 BK: RB 6201 PG: 1738 -1742 RECORDED: 03/1812019 11:17:29 AM BY: ANDREA CRESWELL ASSISTANT NC FEE $26.00 2019007368 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX $3800.00 ELECTRONICALLY RECORDED Prepared by and Return DESC: Tracts San Souci if chocked, to: Clark, Newton & P N:R04100-001-015-000, the property includes the Evans, P.A. R04100-001-016- primary residence of at 509 Princess Street, 000,R04100- 001-028-000 least one of the parties Wilmington, NC 28401 REV: 3 S OO defined as Grantor (NCGS 910.762.8743 §105-317.2) NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARER NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF: NEW HANOVER THIS DEED, made effective the f_ day of March, 2019, by and between Progress Park Partners, LLC, a North Carolina limited liability company with a notice and mailing address et 1406 Castle Hayne Rd., Wilmington, NC 28401, Grantor, and Preservation Point Partners, LLC, a Tennessee limited liability company with a notice and mailing address at 9827 Cogdill Road, Ste. 1, Knoxville, TN 37932, Grantee. The designations Grantor and Grantee 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: that the Grantor, for a valuable oonsideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all those certain lots or parcels of rand situated in New Hanover County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. rs�°' 1^� a -m8�i p 6' LJ'� iMi VILI'vill',"G 1 OIv,NC FEB 1 3 20Z.0 submitted electronically by "Brian A. Martin, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6201 Page 1739 And the Grantor covenants with the Grantee, that Grantor has done nothing to impair the title during its ownership thereof, with the following additional exceptions: 1. Ad valorem taxes for 2019 and subsequent years; Z Rights of way, easements, and other matters of record, if any; 3. Zoning and/or subdivision ordinances and regulations, if any; and 4. Restrictive covenants of record, if any. And further, that Grantor does quitclaim to Grantee all its right, title and interest, if any, in and to all that certain tract of land described on Exhibit B, free of any warranties whatsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. PROGRES4S PARK PAWNEIRS, LLC By: ./ (SEAL) Print.Grego L. Tay r Its: Manager NEW HANOVER COUNTY, STATE OF NORTH CAROLINA certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated:. Gregory L. Taylor Date: Ma, ,izhi ma. 2019 h j-5FICIAL So`-) ,J"; of 'Pr"q�nraaruu,,N"`, My commission expires: 4 Notary Public Notary's Printed or Typed Name D C M LN4� 1NG CN, NC FEB 1 3 2020 Book 6201 Page 1740 TRACT ONE: Beginning at a stake on the West side of U.S. Highway 117 (formerly known as the Macadam Road), leading from Wilmington to Castle Hayne 1050 feet North from the Northeast corner of the R. H. Berry tract of eight acres, and running thence North Forty six (46) degrees West 2190 feet to a stake; thence North. Thirty three (33) degrees Forty (40) minutes East 210 feet to a stake; thence South Forty six (46) degrees East 2188 feet to a stake on the Vest side of U.S. Highway 117 (formerly known as the Macadam Road); thence with the said road South Thirty five (35) degrees Fifteen (15) minutes West 210 feet the point of Beginning; containing 10.4 acres more or less and being Lot Number 6, on Map made, July 19, 1908, by E:J:W. Anders, C_E: said lot of land being -about one half mile from the city limits of Wilmington, N. C., and being the same as conveyed to A.S. Kirby and wife, Lula W. Kirby by 1-0. Smith and wife, Annie C. Smith, by deed dated Jan. 26th, 1918 and recorded. in Book 98 at Page 258, in the Registry of New Hanover County; and being thesame as conveyed in Deed Book 2625, at Page 0018, iri the New Hanover County Registry. TRACT TWO: BECrRiNING at a point in the western right of way line of U.S. Highway 117, leading from Wilmington to Castle Hayne, 1050 feet North from the northeast corner of the l,.H. Berry tract of eight acres, and running thence North 46 degrees West 155 feet; thence .North 33 degrees 40 minutes East, and parallel with said U.S. Highway 117, 70 feet; thence South 46 degrees East 155 feet to the western right of way line of said. U.S. Highway 117; and thence southwardly with and along the said western right of way line of said highway 70 feet to the point of Beginning, the same being a part of Lot 5, according to a map or plat made by E.J.W. Anders, C.E., July 19, 1908- Being the same land conveyed to Grantor by Herman L. Polk and wife, by deed in Book 373 at Page 373 of the New Hanover County Registry, Being the same as conveyed in Deed Book 2039 at Page 925, New Hanover County Registry. DCM WILN"Il s:1 T ON, NC FEB 1 3 2u€u Book 6201 Page 1741 EXHIBIT "A" TRACT 3 BEGINNING at a stone marked "H" on the Western side of the County macadam public road leading from the City of Wilmington to Castle Hayne (now State Highway #117) in said County 3187 feet 4 inehes northeastwardly from the northwestern corner of the stone abutment of the bridge crossing Smith's Creek on said road, said distanco being measured along the Western side of said road about 10 feet from its center as the same is now laid out (as of Jtme, 1919), said beginning point being the southeastern comer of a tract 1,�o 5 (being the second tract herein), running thence North 46' West 2162 feet to a stone marked "ti", this being the Southern tine of said tract No 5; then South 24° 15' W est 219 feet to a stake; thence South46' East2120 feet to a stake in the western side of the County macadampublic road (now State Righway No. 117); thence along said road North 35' 15' East 210 feet to the point of Beginning. Said tract of land being Traci: No. 4 on map prepared by E. J. W. Anders, containing 10 171100 acres, more or iess. TRACT BEGINNING at a point onthewestern side ofthe Countymacadampublicro'adleadingfrom the City of Wilmington to Castle Hayne in said county (now State Highway Into. 117) 3187 t'eet 4 inches north, eastwardly from the northwestern corner of the stone abutment of the bridge Crossing Smith's Creek on said road, said distance being measured along the western side of said road about 10 feet from its center as the same is now laid out (as of June, 1919) said beginning point being a stone marked " H" and; running thence North 46' West 2162 feet to another stone marked "H' , thence North24° 15' Bast 135 feet to another stone marked "Ji" in a branch; thence North 35° _3W East 81 feet to another stone marked "&% thence South 460 East 2190 feet to the western line of said County road (now State .Highway No. 117) at a point 10 feet from the center thereof (as of June, 1919); and thence along said road South 350 15' West 210 feet to the begi=ling, containing 10 341100 acres, more or less, and being Tract No. 5 on map prepared E. J. W. Anders, recorded in Map Book 2, at Page 8 of the New Hanover County Registry. SAVE AND EXCEPT that property conveyed to the N.C. Department of Transportation in Book 2845, at Page 570 of the New Hanover County Registry which is. specifically excepted from this conveyance. 'N' FEB 1 Book 6201 Page 1742 u.�•ioJ�mr�w.cn�Jrv*�r+r wzcmcmm NNL��W��pW vaM+@M -ww- °xmxcon°w sn0cn ®umi�e �/� 9Ki S�S91205SV d5$ 1 HN, s i 1M w z@RYe7 1, -all I 10i, YNMW RWN'A1M10'J ZEAWVH M31 �iSNP,{0.!?P73i3c+}J LLC'�N AWI St14 tii W aANl�usyJ 9gt rcst�wavLsxber&n:sato{s� �t36k91AfNDp9'�01P�24 { eLL'11tl1 �w.00sa�t,�,uwnsuat�u-aa�a ­4 WLYW ---�ii�'°aF� 5�.• a:a 3 ���9 , 4�?a5 �a �?a eea=a��3aa��a�a,:UP � ri3x33�m ye a Be3��i?? � 3aS _ E=9oSaS��$Ea��°se�eeeak��a8€�e�€'9ms'�'i�sed355%a"s's;"sE;: v ' G� B g 6 9 �s C-� im rj k At a— lit 2 is 4• S Eq d g © a. 3 $E�g © 4� y y Y a FEB 13 2020 Book 6184 Page 2009 f BK: RB 6184 NC Fee $sa o0 PG: 2008 - 2026 2018037344. '. RECORDED: NEW HANOVER COUNTY, 12/14/2018 TAMMY THEUSCH BEASLEY 09:33:20 AM EXTX $0.00 REGISTER OF DEEDS BY: ANGEIA ENGLISH DEPUTY ELECTRONICALLY RECORDED DEED OF 'TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (NORTH CAROLINA) Prepared by after recording return to: Brian A. Martin, LLC 212 Trade Street Greer, SC 29651 LENDER ADDRESS: FirstBank 520 W. Summit Hill Dr., Suite 801 Knoxville, TN 37902 Attn: Matt Kemey TRUSTEE ADDRESS: Jake Kraemer 504 Old Tavern Circle Knoxville, TN 37934 �Cgy gi I ,�_,G OIN, NC i`d� Y'o f9�..l�,�iei'd't� FEB 1 3 2020 submitted electronically by "Brian A. Martin, LLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6184 Page 2009 DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING This DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (as amended, restated, replaced, supplemented, or otherwise modified from time to time, the "Security Instrument") is dated effective as of December ^, 2018 by PRESERVATION POINT PARTNERS LLC, a Tennessee limited liability company, as grantor ("Grantor"), to JOHN A. KRA.EMER, a Tennessee resident, as trustee ("Trustee"), for the benefit of FIRSTBANK, a Tennessee banking corporation, as beneficiary ("Lender"). ��aT1�I1-1C� /1►ti A. LCG Investments, LLC, a Tennessee limited liability company ("Borrower") is indebted to Lender pursuant to: (i) that certain Master Promissory Note dated as of October 28, 2015 from Borrower to Lender in the principal amount of $5,000,000.00, as amended and restated pursuant to that certain First Amended and Restated Master Promissory Note dated as of August 11, 2016 from Borrower to Lender in the principal amount of $5,400,000.00, as amended and restated pursuant to that certain Second Amended and Restated Master Promissory Note dated as of October 5, 2016 from Borrower to Lender in the principal amount of $10,000,000.00 (as amended, restated, modified, extended or renewed from time to time, the "Master Note"); (ii) that certain Master Credit Agreement dated as of October 28, 2015 by and between Lender, Debtor, and the Guarantors (as defined therein), as amended and restated pursuant to that certain First Amended and Restated Master Credit Agreement dated as of August 11, 2016 by and between; Lender, Borrower, and the Guarantors (as defined therein), as amended and restated pursuant to that certain Second Amended and Restated Master Credit Agreement dated as of October 5, 2016 by and between Lender, Borrower, and the Guarantors (as defined therein) (as amended, restated, modified, extenders or renewed from time to time, the "Loan Agreement"), along with all obligations under all other Loan Documents, as such term is defined in the Loan Agreement; and (iii) that certain Promissory Note ("Note") dated as of the date hereof from Borrower to Lender in the principal amount of $1,400,000.00 (the "Individual Loan") and made pursuant to the terms of the Loan Agreement; and (iv) such other documents executed by Borrower in connection with the Loan Agreement or Note, which Note and Individual Loan shall mature on December 5, 2020. B. Lender is not willing to make the Individual Loan, evidenced by the Note, or otherwise extend credit to Borrower sinless Grantor mortgages the Mortgage Property (as defined herein) for the benefit of Lender by the execution and delivery of this Security Instrument. NOW, THEREFORE, Grantor, and by their acceptance hereof, each of Trustee and Lender covenants and agrees as follows: Grantor, in consideration of the Individual Loan, the Note, the Loan Agreement, and the trust created by this Security Instrument, and to secure to Lender the repayment of the Indebtedness (as defined in this Security Instrument), and all renewals, extensions and modifications thereof, and the performance of the covenants and agreements of Borrower and Grantor contained in the Loan Documents (as defined in the Loan Agreement), irrevocably and unconditionally mortgages, grants, warrants, conveys, bargains, sells, and assigns to Trustee, in trust, for benefit of Lender, with power of sale and right of entry and 2 Book 6184 Page 2025 IN WITNESS WIFTEREOP', Grantor has signed and delivered this Security Instrument under seat {where applicable) or has caused this Security Instrument to be signed and delivered by its duly authorized representative under sea] (where applicable). GRANTOR: PRESERVATION POINT PARTNERS LLC, a Tennessee limited liability company By: :f�� .. — Peter Scott Rye, Manager c Witness; Signatur . Printed a STATE OF ) COUNTY OFf�C} ) Before me, the undersigned, a Notary Public of said County and State, personally appeared Peter Scott Rye, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the Manager of Preservation Point Partners LLC, the within narried bargainer, a Tennessee limited liability company, and that he as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the company by himself as such Manager. �k Witness my hand and seal, this S day of �} N My Commission Expires: 4LO?? 2018. 1 `,y\��y�}11111YMer�yy���i Q ' STATE Public OF TENNESSEE _ NOTARY r ,{� PUBLIC ��r` 0 C/�101a1S�s��s��`� 011HM f FEB 1 3 2020 Book 6184 Page 2026 EXHIBIT A All that certain piece, parcel or tract of land designated as Tract 3A, Tract 3B and Tract 3F as shown on a map entitled "Deed Retracement Survey of Lands Belonging to Corbett Package Company", prepared by ESP Associates, P.A., dated May 2, 2017, and recorded in Map Book 65, Pages 300-303 in the office of the Register of Deeds of New Hanover County, reference to which map is hereby made for a more particular and detailed description. This being the same property conveyed o Preservation Point Partners, LLC by deed of orbett Package Company dated 2- 4 , 2018 and recorded -124 2018 in Book Wq I at Page 1ggz New Haven County records. Parcel ID No.: R04100-001-002-000, R04100-001-003-000, and R04100-001-002-000 d. - V DCDP vvl W I L kpili",JG T 0N, NC FEB 1 3 'L'J"0 CAMA MAJOR PLANS fo r PRESERVATION POINT SUBDIVISION New Hanover County, North Carolina OWNER/ DEVELOPER: PRESERVATION POINT PARTNERS, LLC 9827 COGDILL RD., SUITE 1 KNOXVILLE, TN 37932 ENGINEER/ LANDSCAPE ARCHITECT Coastal Land Design,PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License No: P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 wv wv cldeng.com Fax: 910-254-0502 SURVEYOR: ESP & ASSOCIATES, INC. 211 RACINE DR. SUITE 101 WILMINGTON, NC 28403 (P)910-4443899 www.espassociates.com /LIC# F-1407 CONTENTS I-1 PROPOSED OVERALL DEVELOPMENT INDEX -2 PROPOSED ISLAND AMENITY INDEX A-1 PROPOSED BOARDWALK PLAN & PROFILE T OF2) A-2 PROPOSED BOARDWALK PLAN & PROFILE (2 OF 2) B-1 PROPOSED DOCK & LAUNCH PLAN (42 NORTHERN SITE) C-1 PROPOSED DOCK& LAUNCH PLAN(41 SOUTHERN SITE) D-1 PROPOSED MARINA PLAN D-2 PROPOSED MARINA DETAIL PLAN CW-1 PROPOSED WETLAND IMPACTS CW-01 PROPOSED WETLAND IMPACT DETAILS SITE 1 PROPOSED SECTION t DEVELOPMENT Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APR 0 3 2020 DCM WILMINGTON, NC APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY COVER SHEET 1 OF 12 1. Project combined grid factor used Is published 1.00002523. 2- Horizontal datum used for this project is NAD 1983 / NSRS 2011 (US Survey Feet). SEE SHEET B-1 3. The ground control coordinates are localized coordinates based on State Plane coordinates for NGS "HIGHWAY'. NORTHERN DOCK AND 4. This plat is derived from information gathered by an actual field survey COASTAL WETLAND CANOE/KAYAK LAUNCH ' made by this office and platted February, 2017. Ws C.O.D. SETBACK NEII.AND Sf7SETBACK--�.,.,r---- 5. The primary survey control azimuth was established using the NC VRS Network and verified using NGS control. r 1 , S 6. All distances are horizontal ground measurements unless otherwise noted. 7. All areas computed by coordinate computation method. 8. Tracts 3A, 3B k 3F are located within multiple FEMA Flood Hazard Areas as depicted on sheet 1 of 3. STORWA' /%/ ' '' /r //' "/ / 9. Site zonin and portions of depicted shaded reference information per New r �WATEMR ,;��cX,�r, //�%/ % //� / /�'//ii Hanover County GIS website. 75 A. %//' ESTUARINE " y�yii'/� �� /- // / / / yi ��i //i 10. Wetlands delineatated by Southern Environmental Group, Inc. UFFEIi// j / r i 11. USACE Action ID SAW-2019-00719. 12. DWR project number 2019-0554 A. WRAND / SEE SHEET CW-1 HATCH LEGEND: WETLAND IMPACTS 404 WETLAND HATCH 4yy COASTAL WETLAND HATCH COASTAL & 404 WETLAND MIX HATCH SEE SHEETS D-i & D-2 COMMUNITY BOATING FACILITY (ALL COMPONENTS, FEATURES, & DETAILS) r D. ASTAL NORTH 00 BAR SCALE 00 \ r a � / WE a n /I Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APR 0 3 2020 PROP108LION \ 8RALL DEVELOPMENT INDEX APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY 1-1 SHEET 2 OF 12 i ' � �/// ,� � y/ j SHE I• ,� 1 u W W W W W W y y 75' C.O.D. COASTAL / /• COASTAL WETLAND W W W W WETLAND SETBACK 404 WETLAND y W i O NORTH 100 50 0 100 200 / W W yWy y yWy W EBO yUPLAND BAR SCALE 1°=100' W W W W y W y W W v •'• W W W W W, WWW .75' C.O.D./75' A.E.C. W W W W 4 W BECOME CONCURRENT W W W W WI W W W WyW a W •°••, NORTHEAST CAPE FEAR RIVER W/ W W W y W W 75 A.E.C. W W y W \\ y W W W W W y W W \ W W 75' C.O.D. COASTAL W W \ WETLAND SETBACK WWWW W W W W W W W • IW W i SEE SHEETS D-1 & D-2 / W W WWWW yWW y y �1�W COMMUNITY BOATING FACILITY iy W iWy 404 IL Wi ,1.1p',bi TO COMMUNITY BOATING FACILITY W PROPOSED 10' WIDE FIXED PIER y W W . PROPOSED 20'X200" CONSTRUCTION CROSSING LOGGING MATS OR ALIKE TO BE USED WHILE CROSSING WITH HEAVY MACHINERY HATCH LEGEND: 404 WETLAND HATCH COASTAL WETLAND HATCH ®COASTAL & 404 WETLAND MIX HATCH L _ -'PROJECT REVIEW AREA / BUILT UPON AREA: #1: OPEN AIR PAVILLION =5,500 SF #2: KAYAK STORAGE (NORTH)= 299 SF #3: GAZEBO (NORTH) = 171 SF #4: KAYAK STORAGE (SOUTH)= 299 SF / #5: GAZEBO (SOUTH) = 171 SF #6: PICKLEBALL COURTS =1,760 SF / #7: MINIATURE GOLF COURSE =1,407 SF #8: GAZEBO (SHEET A-2) = 225 SF TOTAL =9,832 SF ' ESTUARINE SHORELINE BUFFER 50' NC DEMLR STORMWATER //// /SURFACE WATER SETBACK --►WWWW /// �75 A.E.C./75' C.O.Dj./// /MEAN HIGH WATERLINE // PR„• "•OP„QS •• 23'X13' 299 \W /KAYAK STORAGE RTJG PATHS 3E MULCH •°'••,.•• W r•� W W //// W W / #7: PROPOSED '• \• W W // MINIATURE GOLF ••...•........••. COURSE 1.407 SF •�°•.� � W W •:W \ W • W\\ W i \ W\ W - s • W W .�. W W � WW #1: PROPOSED d W �wiW 55�X100' (5.500 SF1 W W W y W W`W OPEN AIR PAVILLION W �\ W 75' O.D./75' A.E.C. // y W y W y W y W y W W y ,,.••g���°C(RIfA16j�ENT • 75' C.ND O.D. COASTAL y \a ` WETLASETBACK °•••°• w •0 ..•••••� °' #4 RUVOSED W y W W \q W F % •• UPLAND KAYAK W W W W W //COASTAL WETLAND W W y • y W y 404 WETLAND W W a W Gy W W W 75' A.E.C./75' C.O.D.�W COASTAL WETLAND 10' IXED OAR NA W a •m \ W W W J, Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED ' N DOC DESIGNED: RL RELEASE: PRELIMINARY '/KAYAK LAUNCH 1-2 SHEET 3 OF 12 D MULCH ART PATH WALKING — TRAIL BEGIN 10' WIDE ELEVATED, FIXED BOARDWALK RISE/FALL SECTIONS TO - MEET A. D.A. STANDARDS 'ROPOS 31KNNALKI — IWYW'v , .y /404' WETLAND LINE _ MEAN 04 WETLAND 30' EST. COAS- SSHORE. 75' A.E.C./ �30.0' 75' 7C7ANST _R' S TBAC //F} "PONE 1-C / / PRARD - E ELEV ARD ALK- 50 LF. (5.50 D El TTLA'N-D/ O'TEMPO RY NST� CTION�C RID (TO L=31320 SF/0.72 ) / B 1 f f� LAND /�-��5d' _ PROPOSED BOARDWALK PLAN SCALE 1"=50' BAR SCALE 1 "=50' MATCHLINE 3H WATER _ B-IB WETLAND COMPONENT B-1 C I ABOVE SUBSTRATE PROPOSED 10' WIDE ELEVATED, t FIYFrI RC)ARr1WAI K _ 5Rn I F PROPOSED BOARDWALK PROFILE SCALE 1"=50' /POP(O ED 19' WI EL ATED, / / 3 - "' 7/�� 100 L/MATC IHL� BOA1c-7f(DW K-5 050 = Z D AT LIND D i= z .,. .. „ W cK ,..,, LuZ LOU RY ONS, NFP00320 /07 C)nT C0OIDO(TANMOEN 5 TWAVK:I/ wOMWDIX OAD55ID_ — r0.�0, 050' 10 --/ D.-- PROPOSED BOARDWALK PLAN SCALE 1"=50' BAR SCALE 1 "=50' MATCHLINE U r ui w 1- ui w U 1� B-1 C a wOLL w0LL a j1,100 LF 11 cn o=" 3 _ 3 = o M n I MATCHLINE t PROPOSED 10' WIDE ELEVATED, r m rn m z z M rn m n t plypin RhAR11\NAI K _ FFn I F 1 4.0' MIN J 0.1.1 MIN --/ I ABOVE SUBSTRATE ABOVE NHW COMPONENT B-iB RISE/FALL SECTIONS MEET A.D.A. STANDARDS (1' PER 12'2' OR FLATTER) PROPOSED BOARDWALK PROFILE Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APR 0 3 2020 PROFMM 7A'R2'DWALK PLAN & PROFILE APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY A-1 SHEET 4 OF 12 NORTH 50' 0' 50' 100' /75' q�EC & CO CO/QST W LAN;COM BA,,,,,,/// y y „ ' / /� / � UPLAND B/9 R C E 1"=50' 150' U uF ER . �\ 1.1. _ _ HWTAl/WETLAN CV GETA/TIV BU FER / T PROP ED 0' WIDE 7 L ED 30 L / / \ � � FIXED OA�LK- 27 LF / / 312.9' y ,�� 7 / .. ,;. ,c .._. 404 WETLAND / XI / C MP EN B-1 = 5, 0 SF y 0' W E FIXED OA DW LK) y 404 WETLAND yy y " y \ 2 ' TE(vfPO ARY CON TR TIOIV ///� ' .v y v �' " ATCHLIN� CDR DO (TO AL=/yy]1¢'',/32 SF/ .72 F}C) y\ " '� � � �..-� / � �" //////UPLAND // � y y �ROSED UTURE LOT LI E " „ ,. �� \ `` ��� ` COMPONENT -214% (COMPONENT #8, SHEET I-2) r / y—15'Xl5' (225 SF)PILE-SUPPORTED / FIXED GAZEBO PROPOSED BOARDWALK PLAN (DRIP LINE) SCALE V=50' MATCHLINE B-1 B COMPONENT B-1A= 5,270 SF (10' WIDE FIXED BOARDWALK) PROPOSED 10' WIDE ELEVATED, FIXED BOARDWALK - 527 LF 30' AEC 75' AEC BUFFER/ VEG. COD COASTAL BUFFER SETBACK NORMAL HIGH 404 WATER/COASTAL WETLAND WETLAND N MIN ABOVE SUBSTRATE PROPOSED BOARDWALK PROFILE SCALE 1"=50' RISE/FALL SECTIONS TO MEET A.D.A. STANDARDS 404 1,627 LF X 10' :ELEVATED, )BOARDWALK Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVE[ APR 0 3 2020 PLAN i PROFILE APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY A-2 SHEET 5 OF 12 75' C.O.D./ 75' A.E.C. . /' UPLAND / X COASTAL WED 30' ESTUARINE OSED 30' EST A BUFFER `$ UPLA�&TRAIL - �' _ #3: PROPOSED 19'X9' (171 SF) FIXED GAZEBO / PR CT R VIEW AREA 404 WETLAND GRASS LINE / MEAN HIGH IN WATER LINE MEAN OW WALINE 14' = 1/4' p c ��� / WATERBODY ' I CO �j EDGE OF CHAN NEL� / •��� 1, / 7c_� .obp o® o = 1,386 K -1 a / 6'X231', FI D PIER) O 56.1' WATERBODY 186 ° A WIDTH / 15 QL / n .O M e ' / / MEAN LOW WATER LINE •0 / a � GRASS LINE / PR CT VIEW AR %Z z �� o T DETAIL SCALE V=20' OASTALW€naND ' n/ KAYAK LAUNCH #1 (NORTHERN) i SURFkCE AREA OF COMPONENTS OF 56.1'TO / KAYAK LU,0 1 (KL1): OPPOSITE 1'= 138 8SSF SF MARSHLIKE T-HEAD WITH RAILING KL t-- 144.0�r Z� p I GANGWAY K 3I 24.0 SF AT LEAST 3' FIXED PIER U) Z l ABOVE NI I CLl-4 = NENT ' TOT KL1L = 1 & SUBSTRATE 0 L1-4=24.0-SF TOT L-1,578"SF 01 I / COMP ENT (8'X3' FLOATING KL1-2 - 144.0 SF DOC (18'X8' T-HEA AN LOW •�_.. .,���..�.. 1. �... �_ti_��_�_ WITH RAILI S) WATER LINE' HAJQH LEGS kf GRASS LINE T T 4 WETLAND HATCH C A31'AL WETLAND HATCH 4• PROJJECT REVIEW AREA COMPONENT oa08• KLt-3 = 24.0 SF i ILMJ T LAUNCHING PLATFORM DOCK) FLOATING O / (AT MEAN LOW WATER) DOC D EAN LOW , SIDE VIEW (VERTICAL& HORIZONTAL) SCALE V 6 � ' � WATERLINE KAYAK LAUNCH #1 (NORTHERN) DOCK AND LAUNCH PLAN SCALE,•=3o KAYAK LAUNCH #1 (NORTHERN) 2 = z o a 4.27 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O. Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE. TN 37932 10 February 2020 RECEIVED A!'R 0 g 2.020 DCM WILMINGTON, NC YAK LAUNCH #1 (NORTHERN) APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY B-1 SHEET 6 OF 12 75' C.O.D./ _ 75' A.E.C. PROPOSED ' WALKING/BIKING V_ IL- L (UPLAND) L ' #5 N80POSEL V V-9'X19'FIXED UPLAND GAZEBO (171 SF) IG- WETLAND LINE 404 WETLAND V_ 1 - HATCH LEGEND: FIF-1404 WETLAND HATCH DCOASTAL WETLAND HATCH r an PROJECT REVIEW AREA ILM mi 30' ESTUARINE SHORELINE BUFFER V_ ' 1 COMPONENT V_ KL2-1I/-- 1,296 SF1 �- -- IG, (6'X21'6'�FIXED PIER) a ow 3� IL _ -- zo Lu -'-`— 0) MEAN H --__.-__ ---- WATER LINE' PROPOSED 6' FIXED PIER (1,296 F)— GRASS LIN COASTAL WETLAND ROJECT REVIEW ARE a o - MEAN LOW 0 -MEAN LOW WATER LINE WA LINE 0 4 0 _ 8.5` 1/4 CHANNEL WIDTH - A i�r �08 /Mw O.�w 00 /G/ SLINE�` GE OF CHANNEL �. OL = ___ - DETAIL SCALE I"=20' ' KAYAK LAUNCH #2 (SOUTHERN) AsrAL — SURFACE AREA OF COMPONENTS �— WETLAND OF KAYAK LAUNCH 2 (KL2): I KL2-1 SF Iw 3 to —' —� 1.0 ---KC2=� _- 10808.0 SF KL2-3 = 24.0 SF In ' OPPOSITE N� 34.1' TINo z � u� V_----""- _ COMPONENT �� ---____—_______ ROJECT KL2-3 = 24.0 8'X3'-FtOATINING TOTAL = 1,428.0 SF 6' WIDE FIXED PIER 0I MARSHLE . / REVIEW AREA Y ---- KAYAK LAUNCH) IL ---'�'— �--- P'i LEAST 3' I= —� COMPONENT A GRASS LINE r ABOVE z ' _.--.-- KL2-2 = 108.0 SF I SUBSTRATE d 18'X6' L-HEAD IM ITH RAILINGS ■ _-- MEAN LOW ..le WATER LINE •o e -- — .. GHASSNN♦` DOCK AND LAUNCH PLAN SCALE V30 KAYAK LAUNCH #2 (SOUTHERN) 6'X18' T-HEAD WITH RAILING SIDE VIEW VERTICAL a HORIZONTAL SCALE I"=5' KAYAK LAUNCH #2 (SOUTHERN) 1 w� 8'X3' FLCIATING DOCK Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APR 0 3 2020 DCM WILMINGTON, NC YAK LAUNCH #2 (SOUT APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY C-1 SHEET 7 OF 12 \� A 4 ,WETLAN o EDGE OF MARSH, , COASTAL & 404 WETLAND MIX,1ROPOSE010:920 C CI 0591NG J-OQGIjJG, MQT5'DR' QL'IKE , COASTAL WETLAND LINE �iS L LV'h-A4ASN4G1iI�Y,r,_1 MLW \ \\ \ NLW/AMARSHMATE \ NORMAL HIGH WATE FLOATING M— COMPONENT=3,300 SF M-3 COMPONENT=680 SF (10.0 LF X 330 LF) (8.OLF X 85 LF) FLOATING PIER M-4 COMPONENT=1,010 SF . _(10 LF X 101 LF) FLOATING T—HEAD M-2 COMPONENT=9.,090 SF (10 LF X 909 LF) \T AA WW FLOATING DOCK M-1 COMPONENT=680 SF (8.0 LF X 85 LF) M-6 COMPONENT=300 SF :--® ® -® ® ®` ® -" " - ® Or 150'(L) X 11(W) DEBRIS DEFLECTOR/ \ BREAKWATER (*SEE NOTE) - " 30' DOCK TO 30' DOCK TO DEFLECTOR - � DEFIECTOR— SOL R 1.NAAVIGA N LIGHT - - (*�SE NOTE) _— SOLAR NAVIGATION LIGHT 100' BUFFER — (*SEE NOTE) [1/4 CHANNEL WIDTH (MARSH M-7 COMPONENT=300 SF LINE TO MARSH LINE) 150'(L) X 11(W) DEBRIS DEFLECTOR/ BREAKWATER (*SEE NOTE) * The debris deflector/breakwater will be made of three 10 in. o construction grade dredge pipes with composite block spacers in between. The pipe closest to the surface of the water will be COMPONENTS GROSS AREA filled with foam to allow for floatation. The piping will be (SEE SHEET D-2 FOR DETAIL & PROFILE) No anchored by timber pilings and will extend approximately 3.5 ft M-1= 680 SF below the surface of the water. Timber pilings will be spaced M-2= 9,090 SF every 8 ft and will all have solar powered navigation M-3= 680 SIF -O lights on the upstream side. A solar powered navigation light will M-4= 1,010 SF o also be located on the downstream side of the outermost piling M-5= 3,300 SF m (waterward). In addition, the 44 on top of the pipe running the M-6= 150SF full length of the structure will be painted with reflective paint. M-7= 15f1SF A NORTH The structure will be 150 ft in length. TOTAL= 15,060 SF 150 0 150 300 TURNING BASIN BAR SCALE 1"=150' 0 100' BUFFER 0 NAVIGATION CHANNEL DEBRIS DEFLEJ DE I AIL SCALE: 1:20 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, INC 28402 Fax: 910-254-0502 www.cideng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 RECEIVED APR 0 3 7.020 DCM WILMINGTON, INC PROPOSED MARINA PLAN APPROVED: JBP PROJECT: 98M1 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-1 SHEET 8 OF 12 *-SEE SHEET D-1 FOR TURNING BASIN AND FIXED PIER„ JO UPL.AN \ -NAVIGATION CHANNEL LOCt>�ION AND DIMENSIONS COAS.T� M-5 COMPONENT=3,300 SF *w.w-�"-a a � \ .> a �""` a * a� a 404iWETbjAND 3 (10.0 LF X 330 LF) i 4D4 WETLAND \\ AN \\ \\ µ yam_ L \ \GH\WAT\ COA A W AN \ \ \ \\ \\\ COASTAL WETLAND LINE _ APPROXIMATE FLOATING DOCK MARSH LINE = FLOATING DOCK M-1 COMPONENT=680 SF M-4 COMPONENT=1,010 SF (8.0 LF X 85 LF) (10 LF X 101 LF) MEAN LOW WATER LINE (DEPTH = 0.00) �,„._,., FLOATING T—HEAD FLOATING DOCK ,}y = M-2 1 M-3 COMPONENT=680 SF ���yyy y/ COMPONENT=9,090 SF .�' (8.0 LF X 85 LF) py / _ (10 LF X 909 LF) �- / N N r II�Il1II I�IrIIII III6]1II II'r7l�r.j/�' IIIj7III IIIrI'I� IIrIII I �IIFI'I- 1IIf11II !.I 1.-. ..I li. /.�I /.11 I/.l li ell V'l (111T (l , (1811 Y191 2011 n FINGER SLIPS: 7 X 40' LENGTH 9 X 45' LENGTH 6 X 50 LENGTH 14 X 35' LENGTH 12 X 30' LENGTH TOTAL=48 BOATSLIP COUNT OZY SIZE 10 30X13 30 30X14 2 30X16 4 35X14 10 35X15 17 35X16 6 4OX15 7 4OX17 10 45X16 8 45X18 14 50X19 98 TOTAL SLIPS _1 u u u /N . NJ -. U U u u TIE PILING (TYPICAL) 1,285 LF BETWEEN 63 TOTAL PILINGS MARSH LINES 1/4 CHANNEL WIDTH / (MARSH LINE TO MARSH LINE) -M-6 COMPONENT=300 SF i - - --- 150'(L) 1'(W) DEBRIS DEFLECTOR/ BREAKWATER (*SEE NOTE) PROPOSED DOCK, BOAT SLIP, & PIER DETAIL PLAN SCALE 1"=80' / M-7 COMPONENT=300 SF 150'(L) X 1'(W) DEBRIS DEFLECTOR/ NORTH BREAKWATER (*SEE NOTE) 80 0 — 80 160 BAR SCALE 1"=80' 10' WIDE T—HEAD PROPOSED MARINA PROFILE VIEW (B THRU UPLAND) F— FLOATING DOCK SCALE 1"=20' PROPOSED MARINA PROFILE VIEW (A THRU B) SCALE 1 "=20' 5 0 -5 -10 -15 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, INC 28402 Fax: 910-254-0502 www.cAdeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 10 February 2020 DECEIVER APR 0 3 2020 OCM WILMINGTON, NO PROPOSED DOCK, BOAT SLIP, & PIER DETAIL PLAN APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-2 SHEET 9 OF 12 PREWXNLY A UTHMIZM PEWANEMT IMPACT AR"-7 PREMOUSLY AUTMDRIZED PMUMMT IMPACT AREA-6 -/z ............ 2.V2 TA� X - — -- — -- PF C ANENT IMPACT AREA- . . . . . . . . . . PERMANENT IMPACT AREA-3 IT uwro ....... .... HATC,l IEGiND, WAITA, ME . (wX Wm n Tm MPm PRE MY AUTHORIZED >( --LKM.=.T PACTA_, KErtMAf4i5NTAAJETL4(Ni)AMPAtT��//�/ -r' ; iii! �; ii!i! ��/ii . !/%; i!�!i� i! ���jii , //!ii/ /i!� %� RECEIVED ) I APR 0 3', DCM WILMINGTON, NC 1 ' 1 I 1 1 1 ,CCU \/\�\�\\/\��/�j\Oj��\���%\G\j��6��%\��\��\%\��i`�\�\/���j\%�//%j�j�/�/��%�% _ �171i�1Y11� 1 •: 1 r�n.���•� �Ittt��ltttt���rrr�1 ;��� =��SC�tttt�tttttttt�� 1 , 1 1 1 l 1:4 ME • Itttt�Iw =tt����u _-�.I ram_■ ����� � ' ��5,1' I Fll :�`li i �ii�' - --��� ■i �' _ ..� ��ltJ!-)•_ _L•L�:1Sr1�111111111111111111W 111111111111111111W •ege ... �.� e•e. ���7�liCl I�IL�����lC?lL•'°?l iL.i9 • ' ��� 1114�_ �r � 1 1 1 1 J Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.ddeng.00m PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 (865) 777-1170 10 February 2020 RECEIVED APR 0 g 2020 DCM WILMINGTON, NC APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY CW-D1 SHEET 11 OF 12 0 r PA HATCH LEGEND: 0404 WETLAND HATCH ,'COASTAL WETLAND (MIX WITH PHRAGMITES) HATCH 11 100 1 100 200 SCALEBAR •0 Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 APR 0 3 2020 PROPOSED SECTION 1 DEVELOPMENT INDEX APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY SITE 1 SHEET 12 OF 12 Major Permit Fee Schedule Project Name: �rZ�sERVAT�oiJ County: � /f5_'_J Check No & Amount: 4¢0,0 }polo"!' ?A9;Av-r—�S (4AIJ0Vr--T4- #*- 10 05S 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 Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: '1't r`y ,I 9 III(D). If General Water Quality / $400 o 60 /o ($240) 0 40 /o ($160) Certification No. 4175 cannot be applied: !J Ii IV. Development that involves the filli and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: