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HomeMy WebLinkAbout20200554 Ver 1_CAMA Application_20200422DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James Trice for JRT Topsail Ventures, LLC 2. LOCATION OF PROJECT SITE: 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Location by GPS: Lat: 34°23'12.25"N Long: 77°36'16.21"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/14/20 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 4/8/20 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Topsail Beach Land Classification from LUP - Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Unknown Planned - None Type of Structures: Existing - Upland is undeveloped. A private docking facility that includes a single access pier, platform and boatlift are located on the property's western shoreline. Planned - new docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 144 sq. ft. (shaded) (B) Non -Vegetated Wetlands 600 sq. ft. (Open water) incor orated (C) Other - High ground (D) Total Area Disturbed: 744 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open: YES 8. PROJECT SUMMARY: The applicant proposes to demolish an existing docking facility and build a new three -slip facility. James Trice Page 2 9. PROJECT DESCRIPTION: The project site is located at 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Turn right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. /NC 50 and travel approximately 4.29 miles to Nixon Avenue and turn right. Travel to the end of the road and the subject property will be located on the right-hand side. Existing man-made features on the property include a private docking facility and partial bulkhead (bulkhead is located along the northern portion of the property). High ground vegetation consists of Live Oaks and scrub vegetation. According to the application package, the high ground portion of the property is elevated approximately 2'-6' above the normal high water (NHW) level, and the shoreline (+/- 54 linear feet) is partially stabilized by a wooden bulkhead. There is a narrow fringe of Coastal Wetlands (approximately 24' in width), consisting primarily of Smooth Marsh Cordgrass (Spartina Alterniflora) bordering the property along the western shoreline. Residential properties border the property to the north, south and east and Banks Channel borders the property to the west. The existing pier and docking facility was authorized prior to 1993 and a quick records search did not identify any previous permit history. The docking facility is located along the western portion of the property and extends approximately 100' into Banks Channel (as measured from the most landward point of the access pier). The facility consists of a 6' x 80' access pier, 14' x 18' uncovered platform and 12' x 12' boatlift (located on north side of the existing platform). The existing docking facility extends approximately 57' beyond the outer edge of marsh, which places the entire structure within 1/4 of the width of the water body well outside of the existing channel and right at the edge of the existing pier head line. The width of waterbody in this location is approximately 845'. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding area. Water depths in the vicinity of the existing facility range from -2' to -4', relative to normal low water (NLW). PROPOSED PROJECT: The applicant proposes to demolish the existing docking facility and replace it with a new three -slip facility. The new docking facility would include a 6' x 96' access pier, 12' x 12' fixed (elevated) platform, two - 12' x 12' boatlifts and a 32' long floating dock (4' x 22' + 10' x 8'). As depicted on the site plan drawings, the 6' x 96' access pier would originate along the western shoreline and would extend west, into Banks Channel. James Trice for JRT Topsail Ventures LLC Page 3 At the terminus of the access pier, the applicant proposes to install a fixed 12' x 12' 7-head" shaped platform. As proposed a 12' x 12' boatlift would be installed along the southern side of the platform and another 12' x 12' boatlift would be installed along the northern side. Both lifts would be located just inshore of the platform and it appears they would be accessible from the access pier. Along the northern side of the northern most boatlift, the applicant proposes to install an "L- shaped" floating dock that would consist of an 8' x 10' section of dock connected to a 4' x 22' section of dock. It appears the intent of this design is to allow for a larger landing area at the base of the gangway. In this location (area around the base of the gangway or ramp), the applicant would have access to the full 32' section of floating dock running perpendicular to the shoreline. Based on the design, the applicant would have the ability to dock up to three vessels at the docking facility. The proposed project would encroach within the 15-foot riparian corridor setback of both adjacent riparian property owners; however, the applicant has obtained "initialed" waivers from both allowing the encroachment. 10. ANTICIPATED IMPACTS: The proposed structure would shade approximately 144 sq. ft. of Coastal Wetlands and would incorporate approximately 600 sq. ft. of Estuarine Waters and Pubic Trust Area. The new docking facility would remain consistent with similar pier length requirements (established pier -head line) and would be located outside of the federal channel setback. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: April 14, 2020 Office: Wilmington Debbie Wilson Consulting r eb iew 7 "@e%urter.net (910) 612-0402 April 6, 2020 Narrative As acting agent for James Trice who owns 620 Nixon Ave., Topsail Beach in Pender County, I am submitting the enclosed CAMA Major Permit Application for a private docking facility adjacent to Banks Channel. Mr. Trice would like to remove the existing dilapidated structure (which appears to have been constructed prior to 1993) and construct a new pier (6' x 96'), a fixed platform (12' x 12'), floating dock (4' x 22' with an 8' x 10' landing platform) and 2 boatlifts (12' x 12' each) for a total of 3 proposed slips. The structures will encroach both of the adjacent 15' riparian corridor setbacks for which waivers have been obtained and are enclosed. Existing water depths range from approx. -2' to -4' @ NLW. The proposed structures will not exceed the 1/4 width (211') of the waterbody which measures approx. 845' wide in this location, will not encroach into the Federal Channel Setback and will not exceed the adjacent pier head line. Please feel free to contact me if you need any additional information or have any questions. i9ECEIVED DCM W!LMINGT N, NC Dom MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) JRT Topsail Ventures, LLC Applicant 1: First Name James MI N Last Name Trice Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PC Box 94 City Wilkesboro State NC ZIP 28697 Country USA Phone No. 336 - 957 - 0752 ext. FAX No. Street Address (if different from above) City State ZIP Email JTRICE1@charter.net 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name Debbie Ml D Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmington State NC ZIP 28408 Phone No. 1 910 - 612 - 0402 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) 4828 Carolina Beach Rd City Wilmington State NC ZIP 28412- Email debbiew75@charter.net R E C­ D C M W I L M, il'%J G' <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # Pender 620 Nixon Ave. Subdivision Name city State State Zip Nixon Beach Topsail Beach NC 28445- Lot No. (s) (if many, attach additional page with list) Phone No. 803 - 741 - 8133 ext. I I I I - a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Banks Channel C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural DManmade MUnknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes F_1No work falls within. Topsail Beach 4. Site Descilption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 54 ft. 8589 sq. ft. c. Size of individual lot(s) cl. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 2-6 ft. IDNHW or EINWL e. Vegetation on tract Over grown vacant lot with Oaks, Wax Myrtle, various under brush. f. Man-made features and uses now on tract Somewhat delapiclated pier, platform and 4 pilings for a boatlift. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-2 (Attach zoning compliance certificate, if applicable) ®Yes l7lNo MNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? MYes []No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes ®No EINA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes 7No EINA National Register listed or eligible property? <Form continues on next page> s A'P 1P a 4F n' e n e t _ST Vv%,VWA§t_ ­Gt Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private pier,platform, floating dock and boatlifts c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction with barge mounted pile driver. d. List all development activities you propose. Pier, fixed platform, floating dock, finger pier and 2 boatlifts. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal._- DCM WILM1 1— 9`. 3 r rC <Form continues on back> APR 0 8 21u Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below: a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale_ Please give the present status of the proposed project. is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Topsail Beacht Phone No. 910 328-5841 Address 820 S. Anderson Blvd_., Topsail Beac,_ NC 28445 Name John Newton Phone No. Address 901 Coharie Drive, Clinton, NC 281328 Name Bryant Crumpler Phone No, Address P.O. Box 1113, Wallace, NC 28466 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None found h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10); if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7, Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3/1/20 Print Name Debbie Wilson (Agent) Signature �` i✓�` Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information APR a� Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYIMARINA CHARACTERISTICS 0This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑Public/Government ®Private/Community []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 1 If yes: (iii) Length 96 (ii) Number (iv) Width 6' (iii) Length (v) Floating ❑Yes ®No (iv) Width (v) Floating [-]Yes ❑No e. (i) Are Platforms included? ®Yes [-]No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 2 (ii) Number 2 (iii) Length 12' & 8' (iii) Length 12' (iv) Width 12' & 10' (iv) Width 12' (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel Runabout ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 16' 24' I. (i) Will the facility be open to the general public? ❑Yes ®No -• ., . , } m. (i) Will the facility have tie pilings? ❑Yes ®No DCIM WILEifiBli GTON, NC (ii) If yes number of tie pilings? APR 0 8 2020 ;552-9 €8—ZSQS ' SaB—. COAST -; _ WW.nCC0 1 - �,ne� €`ems -iced" 121./ r M-4 wa g Pa u. of 2 2. DOCKING FACILITYIMARINA OPERATIONS El This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? , I. If this project is an expansion of an existing marina, what types of services are currently provided? �} APR o 8 K20 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No Form DCM M-4r. Page 3 of ) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. El This section not applicable 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 b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Y Forts DCAVI MPA € s' Page 4 - Q a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 8' to the East & 5' to the West 24' to the East & 51' to the West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 845' e. (i) Will navigational aids be required as a result of the project? ❑Yes [ENo ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -4' (a) NLW 8. OTHER D This section not applicable a. Give complete description: The revised proposed docking facility includes a 6' wide by 96' long pier with a 12' x 12' platform at the terminal end. Two boatlifts each measuring 12' x 12' will be located on each side of the pier just landward of the platform. A ramp will be located just landward of the boatlift on the east side and will lead onto an 8' x10' floating platform which will be connected to a 4' x 22' floating dock.As proposed, the boatlift on the west side will encroach 10' into the 15' setback and the floating dock on the east side will encroach 7' into the 15' setback. Applicant Signature APIR 0 8 26"22 -:r cozistai '4 =s nt.net x- - ems` =a-. ROY COOPER MICHAEL S. REGAN S"O'C O T BRAXTON DAVIS Uh�ecwr, Dnrsiorr oJCrna�tnl �laria�cmenl April 22, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • James Trice / Pender County Hello Angie: Please publish the attached Notice in the Saturday, April 25, 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. cc: MHC file WIRO USACE ort & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On April 14, 2020, James Trice proposed to demolish an existing docking facility & install a new private three (3) slip facility at 620 Nixon Ave., adj. to Banks Channel, in Topsail Beach, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 May 16, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON,C. DAVIS Director Debbie Wilson 4828 Carolina Beach Road Wilmington, NC 28412 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality April 14, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the applicant - James Trice, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. It was received as complete on April 8, 2020, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is June 22, 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 April 8, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincer Jason Dail Field Representative cc: Property owner: James Trice, PO Box 94, Wilkesboro, NC 28697 WiRO - file Liz Hair, USACE Robb Mairs, DWR e�U.F.Q,2 N�, North Carolina Department of Environmental Quality Division of Coastal Management Wilmintiton Office 127 Cardinal Chive Extension Wilmington. North Carolina 28405 910396121S AGENT AUTHOROZa d QN FOP, LAMA PER01 APEWCA`T0ON Came of Property Owner Requesting Permit: -' P T 7-o P S 1�' L 'ir=�J W& 6> S L L- (�-. Mailing Address: 13CDX 6✓ �5 �r, Nr 2-f6 7 Phone Number: 33 6 __ Z 7 - C, 7 5.2— Email Address: - r 7� (�=�- I certify that I have authorized D 14% W} i L 5 9 Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all.CAMA permits necessary for the following proposed development:. 304 7— L l l= T ,5 at my property located at E 2-v AJI XOA i14`1 in Fi= N P,5iP, Gounty. I furthermore certify that I 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: TC, 'r 77>1"5,41L-VI-1�J FU A� s �� Signature 54mr� 5 N -/--P, 1 C 1:5 Print or Type Na e � �'t/ ,A�-4-6-7i Al (-7 YVI is'F-K Title C Z- I l t I Z z Date ��+r` E0fEIVEEJJ ��e �, DCM WILMi t� ' )k NC This certification is valid through ' z 1 3 l 1 a® Z- APR 0 9 2010 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT" RIPARIAN PROPERTY OWNER NOTIFICATIONMIAIVER FORM Name of Property Owner: Tol tn C', S % I C e_ Address of Property: 620 IV, XGn) A"'e, l ✓r sq, /Teach %��'✓d 2 Clio �}/ (Lot or Street #, Street or oad, ity & County) Agent`s Name #: PbU 2 Mailing Address: Y Cf� �(; ,✓.c�. �c�. Agent's phone #_ fj/ G _�1 2- 0 Vo Z- 4� .1'2.5---.'Z � yl I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact infonnation for DCM offices is available atorbycallingl-888-4RCOAST: No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15` from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information Signature Print or Type Name M�ailling A)ddres/s VY/t1CCSbG2U CitylState/Zip Telephone Number/Email Address L2,-) Date (Riparian Property Owner Information) Signature v I - J ' Pant r Type Name. 7 tt %' l /23 Mailing Address CiiylSlatelZip ,MD ,-<7S V - r�Z- Telephone <Number/Email Address Date r` I V€D (0tri5ied tQ- T0N, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: (Lot or Street #, Street or Load, City & County) Agent's Name 1A1,Lro,-1 M�aiii/ngAddress: � �' • : / Agent's phone #: �✓c J�V a d �°� �12 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing: the development they are proposing. A de dra€ir vfl� driensto s rt `st i iYe'fd d +itith this later. 41-1/1 have no objections to this proposal. 1 have objections to this proposal. If you have objections to what is being Proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM aces is available at http.,Ilwww.nccoastaimanaoernent netiweblcmistaff-listinea or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, clock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 16 from my area of riparian access unless waivedbyme. (if you wish to waive the setback, you mint Initial the appropriate blank below.) i dcr gist to waive the 16 setback requirement. I do not wish to waive the 15` setback requirement. (Property Owner Information) (R( r- Fero erty Owner Information) /i�� 164, go& x Signature Signature Print or Type Name Print or 7ype Name . /?f, � [ Mailing Address mailing Address fit/ rL 0k ,r—. � /V C 2x i'' I a �_tc Zg q-4- ; -' Gitylstatea p City,18t ) - � 91 D aaa--5�( 'relep one Number/ Email Address Telephone Numberl Email Address a `�1Z-/ ZO 2-0D e ice-- Date DCM WILMiNCTON, NC ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: 961 coh"m,� Dx' A. Sig°�❑Agent nature �� yy f X '/ �+ r 1, r✓f ! ❑ Addre 13 ;Received by (Printed Name) C,'� to of li D. Is delivery address different from item 11 ❑ Yd If YES, enter delivery address below: ❑ No Eyl =I_IV�Ji�1:7 �il�i� N APR o s 2020 3. Service Type ❑ Priority Mail Express® I ❑ Atlult Signature Cl Registered MaiIT'^ ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4674 8323 5973 18 ❑ Certified Maila El Certified Mail Restricted Delivery Delivery ❑ Return Receipt for El Collect on Delivery Merchandise 2. Article Number (transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation'" Mail ❑ Signature Confirmation 7 018 3090 0001 8769 7958 Mail Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. s 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. Article Addressed to: / bps' /t C "-?— A. Signature X peko&i4 gent ❑ Addressee R ceived by (Printed Name) C. Date of Derry D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No DCM W►l F 'NGTON, NC APR 0 8 2020 ■I' I �I I I I i' III I I� t�l I I I I I I 13 Service Type ❑ Priority Mail Express® 1 ❑AAdult Adult Signature ❑Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4674 8323 5951 30 13 Certified Mails Delivery ❑ Cerffi d M 'I R t' ted D I` "1R t R' t f 2. Article Number (Transfer from service label) 7018 3090 0001 8769 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. s 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: I?rym�G ['/Z arcp(�� ii S Ui�sLta�� N� 2PYE6 9590i4re 41574 P32� S`J5j:3 2. Article Number (Transfer from service 7018 3090 0001 8769 I e al es Tic a Ivery e urn ecelp or ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirr ionTM n J—,—H eeail ❑ Signature Confirmation 7972 it Restricted Delivery Restricted Delivery Domestic Return Receipt A. Signat e f rfF+� i r . F , ft ❑ Agent X ❑ Addressee B. Receiv by (Printed Name) C Date of Delivery D. Is delivery address different from item 1? ❑ Yes It YES, enter delivery address below: ❑ No APR 0 8 2020 3. Service Type ❑ Priority Mail Express( R 0 8 t%isV ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail@ Delivery Q Gvrtiii�� Mvil ��5�t1`r��l G`rliY�l� � �ie�vm �eceiPttar ❑ Collect on Delivery �erchancilse ❑ Collect on Delivery Restricted Delivery i7 Signature Confirmation"^ 'nail O Signature Confirmation 7729 nail Restricted Delivery Restricted Delivery NORTH CAROLINA Environmental Quality April 22, 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 Applicant: James Trice ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pender County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 BK 4695 PG 909 - 910 (2) DOC# 20054949 This Document eRecorded: 10/11/2019 11:26:15 AM Fee: $26.00 DocType: DEED Tax: $1,000.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLINA GENERAL WARRANTY IEEE Excise Tax: S 1,000.00 Parcel Identifier No. 4223-14-0659-0000 Verified by County on the clay of 2v_ in Mail/Box to: Rizzo & Blackburn PLLC 115 Tifton Lane, SurfCity. NC 28445 This instrument was prepared by: Rizzo & Blackburn PLLC 115 Triton Lane Surf Cikv NC 28445 Brief description for the Index: LOT 8, Nixon Beach THIS DEED made this rday of QG-Dt"- 20 11 by and between GRANTOR I GRANTEE l yatt Topsail LLC JRT Topsail Ventures. LLC 241 Ridgecrest Dr. PO Box 94 Danville, VA 24540 Wilksboro, NC 28697 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate. character of entity, e-g_ 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 the City of Topsail Beach , Topsail Township, Pender County, North Carolina and more particularly described as follows: All of Lot Number 8, of Section 2 of the Nixon Beach Subdivision, as shown on a map recorded in Map Book 12, Paae 18, of the Pender County Regisry, reference to which is hereby made for a more complete and accurate description. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4624 page_ F 3 All or a portion of the property herein conveyed _ includes or X does not include the primary residence q& t , U� �ase' A map showing the above described property is recorded in Plat Book 12 page 18 �p Page 1 of 2 APR ® 8 lJ U NC Bar Association Form No_ 3 © 1976. Revised (D 1977. 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No_ 3 submitted electronically by "Rizzo & Blackburn, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender County Register of Deeds. BK 4695 PG 910 DOC# 20054949 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 is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances. and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Wyatt Topsail LLC (Enti Name)' J � Print/Type Name & Title: Frances P. Wyal Member Bv_ Print/Type Name & By: Print/Type Name & Title: State of - County or City of I, the undersigned Notary Public of the County or City of (SEAL) Print/Type Name: (SEAL,) Print/Type Name: (SEAL) Print/Type Name: (SEAL) Print/Type Name: execution of the foregoing instrument for the purposes therein expressed , 20_. My Commission Expires: (Affix Seal) State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal this day of execution of the foregoing instrument for the purposes therein expressed. , 20- My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name and State aforesaid, certify that personally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal this day of Notary's Printed or Typed Name Public State of Virginia - County e=— of 0,) I, the undersigned Notary Public of the County or City of State of Virgini2 and State aforesaid, certify that Frances P. Wyatt personally came before me this day and acknowledged that she is the Member of Wvatt Topsail LLC a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, she signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial st�pons9�l, this _ day of C-h w 20 . Not. Public My Commission Expires: Q 0 a �� ='Q ; •''NOTgRY'•�'P� Notary (Affix Seal) PU&LIC .• p : Notar<'s Printed or Typed Name REG # I58fiO4 EOM M ISSION `• ES ' Q� APR 1 �1' 9/3012021 • q�F NC Bar Association Form No. 3 0 1976, Revised © 1977. 2002, 20f3,, t# gLTH OF ,"`a This standard form has been approval by: Printed by Agreement with the NC Bar Association —1981 ����� y� Nf��� North Carolina Bar Association —NC Bar Form No. 3 BK 4695 PG 911 - 913 (3) DOC# 20054950 This Document eRecorded: 10/11/2019 11:26:16 AM Fee: $26.00 DocType: DEED Tax: $450.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S 450.00 Parcel Identifier No. 4223-14-1565-0000 Verified by County on the day of 2 _ By: MaiUBox to: Rizzo & Blackbum, PLLC 115 Triton Lane Surf City NC 28445 This instrument was prepared by: Rizzo & Blackbum_ PLLC, 115 Triton Lane, Surf City NC 28445 Brief description for the Index: LOT 6 and PT 5, Nixon Beach THIS DEED made this _1�— day of Q(AV1 �jY 2011, by and between GRANTOR Wyatt Topsail, LLC 241 Ridgecrest Drive Danville, VA 24540 GRANTEE James N. Trice and wife, Patricia B. Trice PO Box 94 Wilksboro,NC 28697 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. 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 the City of Topsail Topsail Township, Pender County, North Carolina and more particularly described as follows: P F,- E i V yam: , --) See Exhibit "A" attached hereto dCM_'="' "TON, NC APR 0 8 2020 The property hereinabove described was acquired by Grantor by instrument recorded in Book 4624 page 2887 All or a. portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book Page 1 of 2 NC Bar Association Form No. 3 © 1976, Revised (D 1977, 2002, 2013 Printed by Agreement with the NC Bar Association — 1981 12 page 18 This standard form has been approved by: North Carolina Bar Association — NC Bar Form No. submitted electronically by "Rizzo & Blackburn, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register of Deeds. BK 4695 PG 912 DOC# 20054950 EXHIBIT A Located in the Town of Topsail Beach, Pender County, North Carolina, adjacent to and kiortheast of the Northeastern line of Nixon Drive and being more fully described as follows, to v✓it BEGINNING to an iron pipe in the Eastern right-of-way line of Nixon Drive, said iron pipe being located along said line at a point that is North 27 degrees 55 minutes West 200.00 feet from an old concrete monument located in the intersection of the Northern right-of-way line of N.C. Highway #50 with the Eastern right-of-way line of Nixon Drive as shown on a map of Section 2-Nixon Beach with said map being duly recorded in Map Book 12, Page 18 of the Pender County Registry; and running thence, from the Beginning, so located, with the Eastern right-of-way line of Nixon Drive North 27 degrees 55 minutes West 75.00 feet to a concrete monument inline; thence North 54 degrees 21 minutes East- 100.92 feet to an iron pipe inline; thence South 27 degrees 55 minutes East 75.00 feet to an iron pipe 'inline, thence South 54 degrees 21 minutes West 100.92 feet to the Beginning, containing 75,000 square feet more or less and being a portion of Lot #5 and all of Lot 6, Section 2-Nixon Beach as shown on a mar, of same duly recorded in Map Book 12, Page 18 of the Pender County Registry. Wyatt to Trice I iv t .„.a.��4i Ii-t. , APR o 9 2i20 BK 4695 PG 913 DOC# 20054950 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 is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Wyatt Topsail, LLC Entity Name) By: 4 Print/Type Name & Title: Frances P. Wyatt Manager By: Mnt/Type Name & By: Print/Type Name & (SEAL) Print/Type Name: (SEAL) Print/Type Name: (SEAL) Print/Type Name: (SEAL) Print/Type Name: State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 20 My Commission Expires: (Affix Seal) Notary's Printed or Typed Name otary Public State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my .hand and Notarial stamp or seal this day of 20 My Commission Expires: (Affix Seal) Notary's Printed or Typed Name State of Virginia - Countyor--C� of plfFS41446 1A/_ I, the undersigned Notary Public of the County or City of te of Vi,,inia and State aforesaid, certify that Frances P. Wyatt personally came before me this day and acknowledged that She is the Manager of WvattTop sail, LLC , a North Carolina or corporation/limited liability company/general partnership/litnited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, she signed the for oing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial staru�seal, this 3 day of C_tJL 2fl. ��. '•. My Commission Expires: ( << `�, ,.•• •••., + *e Notary Public (Affix Seal) : '• P UT'QRY •.%otary's Printed or Typed Naas -M RFG UP:/C P 4 Y�o '$g�oa i z : D C M WILMiN° lssav • °'Pa gat APR 0 8 2 20 n 2011S, 0•�� y •��4LG,�•` Phis standard form has been approved by: NC Bat Association Form No. 3 6 1976. Revised OO 1977, _oo_. '9 Printed by Agreement with the NC Bar Association —1981 ��� i 0, �,�` Noah Carolina Bar Association — NC Bar Form No. 3 6%�2 [7 3 0 IA 3 N F X m L= ei Vl �' N -64 t0 H d G tt�� Vf', M�N tC U C O ,TTZ TYPICAL PIER X-SECTION POST i ICI VJA VclillVl1 11 1 V TYPICAL PIER p�E{LEVATION James Trice 620 Nixon Ave. Topsail Beach Pender County Drawn by: Debbie Wilson Sheet 4 of 4 A%%2 a� C 49 a V b 2ki ei \i o = &. C N 3'1��p'd� a c Dun iopjAjo:) ueledIV Z pp e — — `43RWlas cull ioplijo:) uepedla x 3 J Z Y A 1N i U 101 'a Major Permit Fee Schedule '2 172 Project Name: � �' ` t County:i111 U4\ate\. Check No & Amount: Development Type Fee DCM % DWQ % (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: III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) No 40% ($160) IV Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: