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HomeMy WebLinkAbout20120895 Ver 1_CAMA Permit Application_2012092720120895 CLUE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director Dee Freeman Secretary September 26, 2012 MEMORANDUM: TO: Karen Higgins 401 Oversight Division of Water Quality- Surface Water Protection FROM: Doug Huggett, NC DENR -DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA / D &F Major Permit Application Review Applicant: Riverman, LLC c/o Mark McCarley Project Location: 712 & 720 Surry St., east side of Cape Fear River, adjacent to CF Memorial Bridge, downtown Wilmington Proposed Project: maintenance excavation, new bulkhead and new wharf Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hw-gett at the address above by October 20, 2012. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796 -7423, when appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. 10 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone 910 - 796 -72151 FAX. 910 - 395 -3964 Internet www nccoastalmanagement net An Eaual Omortuntty 1 Affirmative Action Ernolover 2. 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Riverman, LLC c/o Michael McCarley LOCATION OF PROJECT SITE: 712 & 720 Suny Street, east side of the Cape Fear River, adjacent to the Cape Fear River Memorial Bridge, downtown Wilmington, in New Hanover County. Photo Index - 2006: 204 -6657: L -M, 3 -5 2000: 204 -210: L -M, 2 -5 1995: 14 -151: O- P, -3 -5 State Plane Coordinates - X: 2337193 Y: 109042 Rover File: 0- 091110A Latitude: 34 °02'39.84709 "N Longitude: 77'53'13.30375"W INVESTIGATION TYPE: CAMA/D &F INVESTIGATIVE PROCEDURE: Dates of Site Visit — 09/11/2012 Was Applicant Present —Yes PROCESSING PROCEDURE: Application Received — 09/18/2012 (completed) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover Co. /City of Wilmington 2006 Update Land Classification From LUP — Transitional/Industrial (B) AEC(s) Involved: PT, EW, ES, CW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal Planned — None (F) Type of Structures: Existing — Buildings and remnant warehouse concrete foundations, access road, concrete bulkhead and rip -rap, remnant wharf structures. Planned — Increase dredging depth within authorized limits, new shoreline stabilization and new berthing facility. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED ULLED OTHER (A) Vegetated Wetlands (coastal wetlands) —410 sq. ft. (B) Non - Vegetated Wetlands 70,000 sq. ft. 1,460 sq. ft. 25,841 sq. ft. Open Water (incorporated) (C) Other — Highground Disturbance a. 1,440,000 sq. ft. (a. Spoil site b. bulkhead tie -back system) b. 16,180 sq. ft. (D) Total Area Disturbed: 1,553,891 sq. ft. ( -35 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to restore an abandoned existing commercial facility on the Cape Fear River to continue allowing for berthing of larger vessels, which includes maintenance excavation, shoreline stabilization and the construction of a new wharf. Riverman, LLC c/o Michael McCarley, Page 2 9. PROJECT DESCRIPTION: The project site is located at 712 and 720 Surry Street, on the east side of the Cape Fear River, just to the south of the Cape Fear Memorial Bridge, in downtown Wilmington, New Hanover County. To locate the site from the Wilmington Regional Office (WiRO) travel south on Market Street (U.S. HWY 17) until you reach Martin Luther King, Jr. Parkway (N.C. HWY 74) which will be located on the right. Turn right and travel west approximately 3.5 miles until you arrive at North 3rd Street in downtown Wilmington. Continue heading south on North 3`d Street until you reach Castle Street. Turn right onto Castle Street and continue west until you reach Surry Street. Turn left onto Surry Street until you reach the property of interest, which will be located on the right after driving south just under the Cape Fear Memorial Bridge. The properties to the south are currently industrially developed, which includes Colonial Oil Terminals. The property is approximately 6.9 acres with elevations ranging from approximately 8' to 26' above normal high water (NHW). The upland portion of the property currently includes two abandoned brick buildings located at the entrance to the site. The upland portion of the site also includes areas of remnant building/tank farm foundations. The shoreline length is approximately 680 linear feet and is currently stabilized with a concrete bulkhead and historical fill consisting of rubble debris, which includes brick and concrete slabs along the shoreline. The northern and southern portion of the site consists of paved access roads. The central portion of the site along the river consists of remnant dilapidated concrete platforms that were associated with the previous warehouse facilities along the river and associated dilapidated wooden wharf structures. The application states that this location was formally the terminal end of Queen Street, which has been filled with the rubble debris in attempt to stabilize the shoreline from the erosion. The application states that the site was historically utilized for commercial berthing and warehouse operations preceding the 1940's. Recent site history up until the late 1990's includes dockage and cargo handling facilities for Union Oil Company and Pacific Molasses Company. Pacific Molasses Company obtained State Permit No. 198-84 on September 24, 1984, which authorized deepening of the existing berth (700' in length by 100' in width) to a final project depth of -36' @ Mean Lower Low Water (MI.LLW). State Permit No. 198 -84 expired on December 31, 1997 and it appears that the permit was never renewed. Upland vegetation consists of wild grasses and hardwood species, primarily oak trees. Existing coastal wetlands on the site includes a narrow border of Smooth Cordgrass (Spartina alterniora) located waterward of the existing bulkhead on the most northern end of the property adjacent to an area of the remnant concrete foundations and wharf structures. There is also an area of coastal wetlands just to the south of these remnant structures along the waterward side of an existing bulkhead and rip -rap shoreline consisting primarily of Smooth Cordgrass (Spartina alterniora). Several shrubs including Marsh -elder (Iva frutescens) and Grounsel -bush (Baccharus halimifolia) are present on the landward side of this area of coastal wetlands. Based on a 09/11/2012 on -site visit and the provided photographs it appears that the existing coastal wetlands are located within an area of the historical fill, aforementioned (See Sheets 1 through 4 of 9, Project Narrative and Photographs). The Cape Fear River is approximately 850'wide in the project area and the shipping channel of the Cape Fear River is approximately 500' wide in the project area and is located approximately 100' waterward of the existing bulkhead and rip -rap (near bottom edge). The Anchoring Basin in this location is currently maintained at a depth of approximately -3 8' at MLLW by the U.S. Army Corps of Engineers ((JSACE). The application states that the existing water depth within the berth is approximately -35' at MLLW. In the project area, the waters of the Cape Fear River are classified SC, by the NC Division of Water Quality. The project area of the Cape Fear River is designated as a primary nursery area (PNA), by the NC Division of Marine Fisheries and is closed to the harvest of shellfish. Riverman, LLC c% Michael McCarley, Page 3 PROPOSED PROJECT: The applicant proposes to restore an abandoned existing commercial facility on the Cape Fear River to continue allowing for berthing of larger vessels, which includes maintenance excavation, shoreline stabilization and the construction of a new wharf. Once the existing remnant structures along the shoreline and within the river are removed, the application states the previously authorized dredging limits of approximately 700' in length by approximately 100' in width footprint would remain as authorized under State Permit No. 198 -84. The application states that the USACE is planning to deepen the Anchoring Basin to a final project depth of -42' at MLLW. The applicant proposes a new final project depth from the authorized of -36' at MLLW to -42'at MLLW to match the current federally maintained channel depth of -38'at MLLW or the potential -42' at MLLW. The application states that up to approximately 23,500 cubic yards (cy) of material would be removed hydraulically and pumped to the USACE's Eagle Island Designated Disposal Cell #2, which is located across the Cape Fear River approximately 1 mile south of the project site. Eagle Island is located between the Cape Fear River to the east and the Brunswick River to the west. Current dimensions of Cell #2 are approximately 4,500 feet in length by 3,600 feet in width ( -250 acres). The application states that Cell #2 has the capacity to contain approximately 6,000,000 cy of material. The application also states that once a CAMA Permit is authorized, they are will proceed with the license or Consent Agreement with the USACE to allow for the use of Cell #2. The application states that the proposed dredging would commence after the USACE completes dredging of the shipping channel, which is scheduled for the 4`h quarter of 2012. The application states that the USACE will contract a specialized dredge to remove rock within the federal channel, which is required to assist in obtaining the proposed depth within the USACE channel. The application also states that the dredge would be contracted while mobilized within the project vicinity to maintain the owner's berth along with other privately owned berths. The application states that a new 809 linear feet (LF) steel sheetpile bulkhead would be located waterward of the existing dilapidated bulkhead and historical fill to a straightened shoreline alignment. Beginning from the northern portion of the site, the initial 200 LF alignment would be located approximately 2' waterward of the existing concrete bulkhead and would fill approximately 60 sq. ft. of Smooth Cordgrass (Spartina alterniora) (See Cross Section 1 of Sheet 9A). The alignment would then continue towards the south at the location of the existing concrete wall, which would intersect with the existing collapsing concrete platform. This is the location along the shoreline that appears to have experienced significant erosion over the years, aforementioned. Due to the existing erosion at this location, the applicant proposes to construct 80 LF of the new bulkhead approximately 27' waterward of NHW, which would fill approximately 200 sq. ft. of Smooth Cordgrass (Spartina alterniora). This section would encapsulate the collapsing concrete platform, which includes the associated creosote timbers, piles, rubble, timber cribbing and historical fill (See Cross Section 3 of Sheet 9A and Photographs). The new alignment would then continue south a distance of approximately 165 LF approximately 2' waterward of the existing bulkhead and would fill approximately 150 sq. ft. of Smooth Cordgrass (Spartina alterniora) (See Cross Section 5 & 6 of Sheet 9A). The alignment would then continue an additional approximately 100 LF to the southern property line, which approximately 60 LF of this alignment would be landward of NHW by up to 15'. The application also states that the portions of the collapsed wall and other rubble debris within this section and within the Public Trust Area would be removed (See Cross Section 7 of Sheet 9B and Project Narrative). The applicant proposes to construct a new wharf and breasting structure within the existing berth. A new 483' in length by 54' in width open frame crane rail structure would be constructed. Within these dimensions a platform, measuring approximately 94' in length by 54' in width would be located midpoint of the crane rail structure. The application states the proposed structure would accommodate ocean going vessels from 195' to 650' in length (See Sheets 5 through 9 of 9, Sheets 9A and 9B and Project Narrative). The application states that the only upland development proposed would be associated with the new sheet pile bulkhead tie- back anchor system. The application states that there is currently no upland development proposed outside of cleaning the debris off the site and maintaining the vegetation. The application also states that no grading work is proposed and the existing impervious areas on -site would remain. Riverman, LLC c/o Michael McCarley, Page 4 10. ANTICIPATED IlVIPACTS: The proposed excavation within the existing berth along The Anchoring Basin of the Cape Fear River would disturb approximately 70,000 sq. ft. of previously excavated bottom area, and would result in the removal of approximately 23,500 cy of material. The material would be hydraulically pumped to the existing USACE Eagle Island Designated Disposal Cell #2 which has the current capacity to handle up to approximately 6,000,000 cy of excavated material per the direction of the USACE. It is anticipated that approximately 1,737,000 sq. ft. (-33 acres) of highground would be impacted within the existing spoil island. It is also anticipated that the applicant would "piggyback" with another facility maintenance event in this vicinity to reduce costs of mobilization. The proposed new bulkhead would incorporate approximately 1,460 sq. ft. of Estuarine Waters and Public Trust Areas in the area waterward of the existing concrete bulkhead and historical fill. The proposed bulkhead would also fill approximately 410 sq. ft. of Coastal Wetlands which primarily consist of Smooth Cordgrass (Spartina alterniora), which appears to have colonized on the waterward side of the shoreline due to the historical fill. The bulkhead would disturb approximately 16,180 sq. ft. of highground for the associated backfill and tie -back anchor system. The proposed crane rail structure and platform would incorporate approximately 25,841 sq. ft. of Estuarine Waters and Public Trust Areas, which is currently usurped with the remnant structures, aforementioned. The majority of this proposed structure is open framing. Submitted by: Robb L. Mairs Date: 09/25/2012 Office: Wilmington RIVERMAN, LLC 3330 River Road, Wilmington, NC 28412 August 30, 2012 Mr. Robb Mairs North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Hand Delivered RE: North Carolina Division of Coastal Management Application for Major Development Permit Riverman Layberth Facility 712 & 720 Surry St., Wilmington, NC 28401 Dear Mr. Mairs: Enclosed please find our Application for Major Development Permit for the subject property complete with DCM Forms MP -1, MP -2, MP -4, Property Deed, Narrative, Gary Green Engineers Drawings 1 through 9 inclusive, and Notification Letters with Certified Mail Receipts for the adjacent property owners for your review. Specifically we are requesting permission to lower our berth to -42 in conjunction with the anticipated adjacent harbor deepening proposed by the US Army Corps of Engineers. Additionally we are requesting permission to remove failed structures in public trust waters, and to replace the failed dock with a new dock and bulkhead as indicated in the attached drawings. We have enclosed a check in the sum of $ 47S=0 for the application fee. Please do not hesitate to contact the undersigned with any questions related to this request. Sincerely, Mic ael E. McCarley Co Owner, Riverman, LLC Attach: Application for Major Development Pen-nit, NCDCM, dated 8/30/2012, Riverman, LLC with supporting documents. (910) 791 -2411 -FAX (910) 791 -4054 UT130v RDT( Axifflanq NPOVOR (last revised 121227106) 2 North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Riverman, Llc Project Name (iF applicable) Riverman Layberth Facility Applicant 1: First Name Michael MI E Last Name McCarley Agent/ Contractor 1. First Name Applicant 2: First Name MI Last Name E If additional applicants, please attach an additional page(s) with names listed. Agent/ Contractor 2: First Name Mailing Address 3330 River Road PO Box N/A City Wilmington State NC ZIP 28412 Country USA Phone No 910 - 791 - 2411 ext FAX No. 910 -791 -4054 Street Address (if different from above) City State ZIP ZIP Email mike @carolinamarineterminal.com Phone No. 2 2. Agent/Contractor Information Business Name Atlantic Diving & Marine Contractors, Inc. Agent/ Contractor 1. First Name MI Last Name Michael E McCarlely Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3330 River Road NIA Wilmington NC ZIP Phone No 1 Phone No. 2 28412 910 - 791- 2411 ext. 910- 395-4777 ext. FAX No. Contractor # 910 791 4054 Street Address (if different from above) City State ZIP Email mike @carolinamarineterminal.com <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. # New Hanover 712 & 720 Surry St. SR1442 Subdivision Name City State zip NIA Wilmington NC 28401- Phone No. Lot No.(s) (rf many, attach additional page with lis(j 910 -791 -2411 e)t. NIA, 1 , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Basin On the 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. ®Natural OManmade ❑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 ONO work falls within. Riverfront Mixed Use 4. Site Description a. Total length of shoreline on the tract (fL) b. Size of entire tract (sq.ft.) 680 l-F 6.94 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA, I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) +8 to +26 IZNHW or ONWL e. Vegetation on tract Scrub oaks and Grasses, Isolated Pockets of Coastal Wetlands Emergent Upon Historical Fill, Debris and Piling f. Man -made features and uses now on tract Site is not currently in use. Existing brick office building not in use, bulkheads,failing dock structures, various foundation remains from tanks, warehouses, buildings, eta, roadways pumpstation, fencing. g. Identify and describe the existing land uses adiace nt to the proposed project site. North - NCDOT Cape Fear Memorial Bridge North (of NCDOT) SunTrust Bank South- Vacant land Owned by Colonial Oil h. How does local govemment zone the tract? I. Is the proposed project consistent with the applicable zoning? RFMU Riverfront Mixed Use (Attach zoning compliance certificate, if applicable) ®Yes ❑No j]NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes ONO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ONO ®NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 252 - 800 -2308 <. 4.81'€3 —IRC AST vr� *a,.ras �es��4teln��:��ir�eorzFnt.c��t Form DCM 1MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (i) Are there coastal wetlands on the site? ®Yes []No (ii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ONO (Affach documentation, if available) n. Describe existing wastewater treatment facilities. City sewer available o. Describe existing drinking water supply source. Cape Fear Public Utility Authority p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public(Govemment []PrivatelCommundy b. Give a brief description of purpose, use, and dally operations of the project when complete. Layberth barges, tugs, vessels, etc. Prepare site (dredge rock) in preparation to restore cargo vessel berthing capacity. 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. Crane mounted on spud barge removing existing deteriated wharf, driven piles by Delmag 16-32 diesel hammer, precast concrete decking cast in place pile caps. Hydraulic dredge with rock cutting capability. d. List all development activities you propose. Repair existing ship berth dock and dredge to -42 MLLW (or to match USACOE dredging depth in accessible federally maintanined channel). e. Are the proposed activities maintenance of an existing project, new work, or both? Both, Repair existing ship berth and dredge to -42' MLLW E What is the approximate total disturbed land area resulting from the proposed project? NIA ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO, ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None 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. <Fonn continues on back> :.1.3 ^c �ii �#`>1. ,�Y (,e+ .. � •%w i= .'3`i'2:r s1r> v� '.;'i :tV vv. 0 1's*'aIW C+'3 Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformattion In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below a. A project narrative. b An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Colonial Oil Phone No. 910 - 762 -1747 Address 1002 S. Front St. Wilmington, NC 28401 Name NCDOT Bridge Maintenance Phone No 910 - 341 -200 Address 5501 Barbados Blvd. Castle Hayne, NC 28429 Name SunTrust Bank c/o Sandi Spiers Phone No. 910 - 509 -5807 Address 1979 Eastwood Road, Wilmington, NC 28403 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State of North Carolina Department of Natural Resources and Brownfield agreement with state of NC has been applied for Community Development and Coastal Resources 04/24/12 Commission Permit Number 198-84 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 Cn. j I ?� Print Name Michael E. McCarley Signature �Y\ Please indicate application attachments pertaining to your proposed project. MDCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development ®DCM MP -4 Structures Information Form ®CM MP -2 (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 9. EXCAVATION []This secSon not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubicyards, silts and marl 23,500 ' note that 50 feet of 100 feet is in federal channel c. (i) Does the area to be excavated include coastal wetiandslmarsh (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 (ii) Describe the purpose of the excavation in these areas. To provide berthing of commercial barges and ships up to length of 650 feet. d. High - ground excavation in cubic yards. 0 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area Corps of Engineers maintained cells on Eagle Island per refer to permit drawings liscene with the Corps of Engineers c (1) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL}? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, when:? Corps of Engineers cells on Eagle Island (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes. how much water area is affected? ?a? f3GS °2OOS .. 1-04S -41R. OAST .. i'afsarnvnt,net revised, 12126M Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 700 Width 100 " Avg. Existing 34.7 ft MLLW NA NA Depth Final Project 42 ft MLLW NA NA Depth 9. EXCAVATION []This secSon not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubicyards, silts and marl 23,500 ' note that 50 feet of 100 feet is in federal channel c. (i) Does the area to be excavated include coastal wetiandslmarsh (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 (ii) Describe the purpose of the excavation in these areas. To provide berthing of commercial barges and ships up to length of 650 feet. d. High - ground excavation in cubic yards. 0 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area Corps of Engineers maintained cells on Eagle Island per refer to permit drawings liscene with the Corps of Engineers c (1) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL}? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ®Yes []No ❑NA (ii) If yes, when:? Corps of Engineers cells on Eagle Island (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes. how much water area is affected? ?a? f3GS °2OOS .. 1-04S -41R. OAST .. i'afsarnvnt,net revised, 12126M IJ(("51 j ittjU'- 1 u ill, P- 1cic :! c o7 2" 3. SHORELINE STABILIZATION ❑ This section not applicable (If development is a wood groin, use MP -4 — Structures) a Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater /Sill ❑Other. c Average distance waterward of NHW or NWL• -1.07 ft e. Type of stabilization material: Steel Shoot Piles g. Number of square feet of fill to be placed below water level Bulkhead backfill 1459.5 Riprap Breakwater /Sill Other i Source of fill material borrow b Length: 809 Width Sheet thickness - 112 inch d Maximum distance wateiward of NHW or NVVL: 27 It re. 1 location f. (i) Has there been shoreline erosion dunng preceding 12 months? ❑Yes ❑No ®NA (ii) If yes, state amount of erosion and source of erosion amount information h. Type of rill material. sand 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 olaced in coastal wetlandsimarsh (CM. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (86), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV ❑SB OWL []None (i)i Describe the purpose of the fill in these areas- 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (o g , dragline, controlled? backhoe, or hydraulic dredge)? Excavated (dredged) material in Corps disposal. Any fill behind hydraulic dredge for berth excavation landward of new sheetpile (between existing and new) c. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 1& 3 Mike McCarley /Atlantic Diving & Marine Contractors Inc Date Applicant Name C' Riverman Layberth Facility CV \-S Applicalia Project Name dt, :t :•. 1-4 Fot'9'1'i ®CM MP-4 (Construction within Public Thrust Are2S) 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 FACILITYINARINA CHARACTERISTICS a. (1) Is the docking facility/manna: ®Commercial ❑Public/Government ❑Private /Community []This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (1) Dock(s) and/or pier(s) d. (!)Are Finger Piers included? []Yes ®No (ii) Number 1 "Open frame "crane rail structure' If yes: (ii) Length 483' (ii) Number (iv) Width 53.5' see 1 e below for solid deck portion (iii) Length (v) Floating []Yes ®No (iv) Width (v) Floating ❑Yes []No e. () Are Platforms included? ❑Yes ®No f. (i) Are Boatlifts induded? []Yes ®No If yes: If yes:' (ii) Number 1 (portion of 1.c above (ii) Number (iii) Length 93.5' (iii) Length (iv) Width 53.5' (iv) Width (v) Floating ❑Yes ®No Nato: Roofed areas am calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 1 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 (previously a berth with dredge permit) ❑ Dockage, fuel, and marine supplies ❑ Dockage (;net slips ") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe - Berth for Deepwater Ships and Barges i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water, dredging for basin and/or channel ❑Open water; no dredging required []Other, please describe: k- Typical boat length- 195' to 650' m. (1) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? 1. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Commercial barges (195'x35') to Ships (650 feet +/- LOA) I. () Will the facility be open to the general public? []Yes ®No 2662.808 -2808 :s 1 -8884 tCOAST :: V- J% Ajons- nCCo;aztalmana_goma.,1t.not revised: 12/27/06 Form DCe%4 NIP-4 (Straictures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This secfion 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: N/A ❑ Showers ❑ Boatholding tank pumpout; Give type and location: NIA b. Describe treatment type and disposal location for all sanitary wastewater. CAPE FEAR PUBLIC UTILITY AUTHORITY SEWER AVAILABLE FOR ANY FUTURE SITE DEVELOPMENT a Describe the disposal of solid waste, fish offal and trash. NIA NOT A MARINA d. How will overboard discharge of sewage from boats be controlled? N/A NOT A MARINA e. (1) Give the location and number of 'No Sewage Discharge' signs proposed. 0 NOT A MARINA (ii) Give the location and number of °Pumpout Available" signs proposed. 0 NOT A MARINA f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NIA NOT A MARINA g. Where will residue from vessel maintenance be disposed of? NIA NOT A MARINA h. Give the number of channel markers and `No Wake' signs proposed 0 I. Give the location of fuel- handling facilities, and describe the safety measures planned to protect area water quality NONE j. What will be the marina policy on ovemight and lire- aboard dockage? N/A NOT A MARINA k. Describe design measures that promote boat basin flushing? NIA DREDGED AREA IS WITHIN EXISTING RIVER FLOW AREA ADJACENT TO EXISTING DREDGED CHANNEL 1 If this project Is an expansion of an existing marina, what types of services are currently provided? N/A NOT A MARINA m. Is the marina /docking facility proposed within a primary or secondary nursery area? Wes ❑No 252- 508 - 2808 :: 9- 888ARCO AST :: vfwvr.baecoabtkaiananacremea3f, saes revised: 12/27/06 Form DCM MP -4 (Structures, Page 3 of 4) n. is the marina/docking fadity, proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandstmarsh (Cllr, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB []WL ®None p. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? ❑Yes ONO if yes, give the name and address of the leaseholder(s), and give the proximity to the lease 3. BOATHOUSE (including covered lifts) ®This section not applicable a. @ is the boathouse structure(s), ❑Commercial ❑PubliclGovernment ❑Private /Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from drlpMe dimensions 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP -2, Excavation and Fill.) [9 This section not applicable a. (i) Number (H) Length (ii) Width 5. BREAKWATER (e g., wood, sheetpi /e, etc.) ®This section not applicable a. Length b- Average distance from NHW, NAIL, orwetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): [-]Commercial ❑Public/Govemment ❑Prlvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present: e. Are of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 262-908-2808;: 1- 536- ARCOAST :: revised: 32/2T/Q-6 = c"'9-�7-� U C;: h .i1fJF'0- ?. is'Li0.9i'tk,lg' ?s', P._Igc' -' 13 •4J 7. GENERAL a Proximity of structure(s) to adjacent riparian property lines 44 Ft & 130 Ft for Wharf downstream and upstream respectively Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 450 to 530 feet for channel / 850 to 950 feet for shorelines e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented b. Proximity of structure(s) to adjacent docking facilities. 580 upstream on same shoreline, 1500 feet downsteam on same shoreline and 720 feet across water body d. Water depth at waterward end of structure at NLW or NWL 22 to 37 feet, referenced to MLLW, along berth 8. OTHER [3 This section not applicable a. Give complete description Project will replace existing deteriorated wharf and bulkhead with new wharf and bulkhead Dale Riverman Layberth Facility Project Name Mike McCarley, Atlantic Diving & Marine Contractors, Inc App is .M Applicark Signature ..r� "t41111�: -"'I' i rt'.o .-'�;',Si ;'a ii�il 'ftr, "U�J.S?s; C:.PC :{ ti1�217!<I1I, " �' -c• i ti RIVERMAN SURRY STREET CAMA PERMIT APPLICATION NARRATIVE August 2012 TABLE OF CONTENTS INTRODUCTION: CRITICAL TIME SENSITIVE APPROVAL: LOCAL AND STATE ECONOMIC VALUE OF THE PROJECT TIMELINE PREVIOUS USE: CURRENT STATUS: PROPOSED WORK: DREDGING REMOVAL OF FAILED STRUCTURES & DEBRIS NEW WHARF & BREASTING STRUCTURES SHORELINE STABILIZATION UPLAND DEVELOPMENT (NOT APPLICABLE) SITE PHOTOGRAPHY: p. 2 p. 3 P. 5 p. 6 p. 7 p. 12 1 INTRODUCTION: The purpose of work proposed by this application is to restore vessel berthing capability to an existing, though abandoned, waterfront terminal on the Cape Fear River in Wilmington, NC. Scope of work: • Deepen the berth to -42' MLLW (but not deeper than the accessible* federally maintained channel) by removing sand, silt and rock requiring specialized rock dredging equipment. • Remove failed timber and concrete dock structures that are in decay and are falling into public trust waters. • Install new shoreline stabilization consisting of a sheet pile bulkhead, concrete cap, and tie backs. Prevent further erosion of timber, concrete, rubble, and fill by stemming erosion and encapsulating undermining structures within the sheet pile wall. • Replace failed dock structures with new functional berthing facilities. *The United States Army Corps of Engineers is soliciting bids to deepen the Wilmington Anchoring Basin to -42' MLLW south of the Cape Fear Memorial Bridge. This adjoins the southern limit of the subject property and will permit access and utilization of the berth (with herein proposed improvements) to -42' MLLW. N CRITICAL TIME SENSITIVE APPROVAL: PROPOSED DREDGING MUST BE PERFORMED IMMEDIATELY FOLLOWING CORPS' DREDGING SCHEDULED FOR THE 4T" QUARTER OF THIS YEAR Approval must be received in time to enable rock dredging to coincide with the Corps' project Foreseeably, this will be the ONLY OPPORTUNITY that will ever be economically viable to remove the rock from the site. It is unlikely the necessary rock dredging equipment will ever be operating again in the Cape Fear River after this dredging cycle. If permits are not received in time to take advantage of this opportunity, the historical utilization of this site as a commercial cargo berth, along with its economic benefits, will be permanently lost for Riverman, Wilmington, and the State of North Carolina. LOCAL AND STATE ECONOMIC VALUE OF THE PROJECT Restoration of commercial cargo operations at this berth requires service to vessels with drafts of 36' to 40' ( +2' over dredge). Restoring commercial utilization of the berth will provide opportunities for product export or import that will provide jobs to the local and state economies. As an import facility, the provision of raw material at competitive pricing provides manufacturing and other local industries an economic advantage. As an export facility, the facility would provide an outlet for products manufactured within the state for international trade. Transportation of products to and from the facility will provide jobs for local trucking and rail companies and the industries that serve their needs. In summary, the economic benefits of revitalizing this facility include (but are not limited to): • Initial construction investment an associated jobs. • Increased property value and tax revenue. • Employment opportunities for port personnel, maintenance personnel, ship chandlers, tug companies, line boat operators etc. • Employment opportunities in the transportation industries and those providing their expendable commodities. • Reduced manufacturing costs for local industries served by less costly raw materials, and /or • Providing an outlet for export of products manufactured within the state. 3 TIMELINE The timeline provided below indicates Riverman, LLC has worked diligently to secure (purchase) the property and restore its utilization as a commercial berth since learning of the United States Army Corps of Engineers intent to deepen the Wilmington Harbor south of the Cape Fear Memorial Bridge. We respectfully request the agencies reviewing this request will join us ensuring this time critical opportunity for the region and the state is not missed. Second Quarter of 2012 • Riverman, LLC became aware of United States Army Corps of Engineers intent to dredge the Wilmington Harbor to -42 MLLW south of the Cape Fear Memorial Bridge. • Riverman initiated negotiations to purchase the subject property because the Corps' deepening project would restore economic viability to the site for commercial cargo berthing operations. • Riverman simultaneously applied for a Brownfields Agreement for the subject property. June 2012 • Riverman closed on the sale of the subject property. Third Quarter of 2012 • Riverman's discussion with potential clients reveals the berth itself must be deepened to be economically viable for modern cargo vessel utilization. • Riverman probes the berth July 30 & 31 and determines rock dredging equipment is required. • Riverman learns the Corps' work is likely to commence the fourth quarter of this year and all dredging will /must be completed by January 31, 2013. • Riverman accelerates engineering, surveying, and necessary work required to submit this application for approval. Pre - submittal reviews of the application commence with Mr. Robb Mairs NCDENR in August 2012. Fourth Quarter of 2012 • Corps of Engineers scheduled to dredge project. CAMA permit required in time to negotiate and schedule rock dredging equipment immediately following Corps dredging. 4 PREVIOUS USE: Aerial photos, property records, and other historical research document the property has been utilized for commercial berthing and warehouse operations preceding the 1940's. Recent site history (late 1900's) includes dockage and cargo handling facilities for Union Oil Company and Pacific Molasses Company. The Pacific Molasses Company received Permit Number 198 -84 from the State of North Carolina Development of Natural Resources and Community Development and Coastal Resources Commission on 9/27/84 to deepen 700'x 100' of the existing berth to - 36'MLLW. Piling, substructures, and debris remain from older wharf and warehouse facilities extending the length of the entire shoreline of the property. Much of these structures (including the terminal end of the former Queen Street) has fallen into decay eroding into the public trust waters of the Cape Fear River. The final section of this narrative contains photographs indicating the extent of previous warehouses, docks, Queen Street, and other facilities that once stood upon the site. 5 CURRENT STATUS: Moorings, various structural remains, tank and other foundations, and the remains of dock structures collapsing into the Cape Fear River are currently found on the site and in public trust waters. Based upon the age of the structure, much of this eroding material is likely to be coal tar creosote timber. The abandoned property fell into foreclosure and was purchased by Riverman, LLC on June 13, 2012. A Brownfields application was filed on April 24, 2012 by Riverman and is being processed by NCDENR, Division of Waste Management, in order to promote beneficial use of the property. Probing of the berth on July 30, and 31, 2012 revealed rock as high as -35' MLLW, indicating the desired depth of the berth as permitted by Pacific Molasses Company in 1984 was not entirely achieved. Failure to achieve the permitted depth was likely due to the absence of specialized equipment required to remove rock. Riverman, LLC, in conjunction with its sister company, Carolina Marine Terminal, Inc., is evaluating potential clients. These prospects have indicated they will not consider a berth with less than 38 feet of draft. A minimum berth depth of -38' MLLW is thus required to restore the property's use as a cargo ship berth in today's market\ Prudence dictates the berth should be lowered to match the elevation proposed for the US Army Corps of Engineers deepening project of -42' MLLW at this time. The necessary equipment to dredge the rock may never return to the Cape Fear River. Supplementing the photos in the previous section, the following photos show the current condition of the property including views of the failed dock structures collapsing into public trust waters. Much of the Pacific Molasses pier is now lying on the bottom of public trust waters. In the last section of this narrative, photos are provided showing the current condition of the property. These photos show much of the Pacific Molasses pier is now lying on the bottom of public trust waters. Piling and other debris remain from warehouse facilities in use during the 1940's. The former terminal end of Queen Street has eroded into the Cape Fear River and erosion is undermining the timber cribbing, concrete bulkheads, and timber and concrete decking from which the Pacific Molasses pier extended. As these structures continue to erode, more debris is entering the public trust waters including creosote treated timbers. N. PROPOSED WORK: DREDGING Riverman, LLC submits this application to prepare the berth to receive vessels requiring 42' draft. Absent the ability to service such vessels, it is unlikely facility can economically be returned to, and maintained in, its historical use as a cargo ship berth. Timing is critical. The upcoming dredge window may be the ONLY opportunity this property will ever have to be restored to use as a cargo ship berth. Coincident with the shipping industry's increased draft requirements, and the potential economic advantage (or alternative loss); the Army Corps of Engineers is soliciting bids to deepen the Wilmington Harbor Anchoring Basin (i.e. adjacent federally maintained channel) to -42 MLLW. The Corps will mobilize and employ rock dredging equipment that does not otherwise operate in this region for this work. Rock as high as -35' MLLW at the subject berth necessitates the use of such rock dredging equipment to obtain the industry's dictated minimum of -38' MLLW, and more desirable and competitive -42' MLLW. For this work to be economically viable it must be performed in unison with the mobilization of specialized equipment for the Corps' project. This work is scheduled for the dredging window in the 4 t quarter of this year which closes January 31, 2013. If the subject berth is not dredged during the same dredging window as the Corps' project, it is unlikely that it will ever be economically viable to deepen the berth (due to the prohibitive cost of mobilizing necessary equipment for such a small project). Failure to deepen the berth in conjunction with the Corp's project will be a loss, not only to Riverman, but also to Wilmington and the State of North Carolina. Vessels the berth might accommodate will be forced to call on other private ports, likely in South Carolina and Virginia, who can meet the modern berth requirements. Construction, trucking, and permanent employment opportunities, property tax revenue, product production and export revenues, or economic benefits from cost effective material import capacity generated by such a facility will be lost to a neighboring state. We therefore respectfully request approval of this permit in time to enable Riverman to negotiate a contract with the Corps' successful dredger, and complete rock removal immediately following the Corps' dredging, and prior to the closing of the dredge window on January 31, 2013. We note the area of dredging is as per the Pacific Molasses Company Permit Number 198 -84 from the State of North Carolina Development of Natural Resources and Community Development and Coastal Resources Commission to deepen 700' x 100' of existing berth. Our request is to deepen this area to match the depth of the current Corps project, and in keeping with modern vessel requirements. 7 REMOVAL OF FAILED STRUCTURES & DEBRIS As indicated in preceding sections and photos, the Pacific Molasses Company's dock including creosote timbers and concrete has failed. Much of this structure has already collapsed into public trust waters. In preparation for dredging, and for other site improvements and construction, the remains of this pier will be removed. On the southern end of the property, portions of a failed bulkhead that has fallen into the river, as well as concrete, brick, and other debris and rubble will be removed and or encapsulated by the proposed sheet pile stabilization. NEW WHARF & BREASTING STRUCTURES This application provides for construction of: • four breasting dolphins on pipe piles • 483' x 53' -6" "open frame" crane rail consisting of two crane rails, brace beams at 30' on center, and required pipe piling supports • 93' -6" x 53' -6" service platform decking constructed on the crane rail structure (Approx 5,000 SF). SHORELINE STABILIZATION Proposed shoreline stabilization consists of 809 If of steel sheet pile bulkhead with concrete cap, tiebacks, and anchors. Review of photos in the last section of this document demonstrates the extensive erosion that has occurred at this site. In 1949 the former terminal end of Queen Street is identifiable to the water ward limit of the platform that is now collapsing. The end of Queen Street (once between two warehouse structures) north of the platform is now gone. The bulkhead, cribbing, fill, timbers and concrete of the platform (once a filled warehouse foundation) are now eroding into the public trust waters of the Cape Fear River. The proposed shoreline stabilization will stem this erosion of this material and debris into the public trust waters. The location of the stabilization has been chosen to minimize the impacts to coastal wetlands, stabilize the shoreline for functional utilization of the site, and to contain and encapsulate debris that is collapsing into public trust waters. 8 Notes on existing coastal wetlands: - On July 10, 1996 the U.S. Army Corps of Engineers provided a Notification of Jurisdictional Determination stating: "There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344)." - The applicant acknowledges this determination has expired, and acknowledges the presence of coastal wetlands species currently on the site. - All coastal wetlands species have emerged subsequent the 1996 determination upon concrete, timbers, bricks, and other rubble from collapsing structures or that has been otherwise placed in public trust waters by previous property owners as shoreline stabilization. Considerations and impacts of the proposed shoreline stabilization are as follows: 1. The proposed new shoreline stabilization would start at the north end of the property and run along the existing concrete wall (believed to be supported on timber cribbing). The sheets would be placed as close as practical to the existing wall (approx. 2'). In front of the existing wall is a 30' long isolated strip of coastal wetlands plants, 3' to 8' wide, that have emerged on ruble and remains of previous structures (approx. 60 sf affected by the new wall). (See application drawing cross section 1 sheet 9A and photos in the final section of this narrative.) 2. The new steel wall is proposed to continue straight beyond the southern limit of the existing concrete wall to intersect an existing collapsing platform. There is triangular shaped eroded region (formerly the terminal end of Queen Street) that has been partially filled with broken concrete and other rubble in an apparent attempt to stabilize this region. At the widest point the current MHW line is approximately 27' landward from the proposed sheet pile alignment. An isolated strip of coastal wetlands plants 31' long by 5' to 7' wide has emerged at the base of this rubble (less than 200 sf of wetland plants affected, and less than 625 sf of fill below normal high water, by the proposed work in this region). (See application drawing cross section 3 sheet 9A and photos in the final section of this narrative.) We believe it is justified to encapsulate this region and fill behind the bulkhead for the following reasons: Functionality of the site by providing a contiguously aligned bulkhead Minimal size of the region Limited value of the small isolated wetlands pocket that has emerged on top of rubble Encapsulation of rubble and control of erosion entering public trust waters The region was previously filled as the terminal end of Queen Street. 3. From the preceding intersection, the proposed sheet pile bulkhead would turn west, and then turn again heading south, encapsulate a collapsing platform constructed on fill consisting of concrete decking on creosote timbers, piles, rubble, and timber cribbing and fill. Erosion of the fill beneath the northern limit of this platform now allows water to enter beneath at high tide for the northern 14' section which is now collapsing into the water. (See photos in the final section of this narrative). Encapsulating this area will prevent further erosion of fill and debris into public trust waters. 4. At the southern limit of the platform the proposed steel bulkhead would turn landward, continue south, and then turn water ward again in order to minimize impact to coastal wetlands that has emerged on brick, concrete and other rubble. (See cross sections 5 & 6 sheet 9B in the application drawings and photos in the final section of this narrative.) The sheet pile will be constructed as close as practical to existing concrete structures. Most of this portion of the bulkhead wall will be located at or above high water with minimal impacts to the wetlands plants at the north and south wall returns, and for about 20' along the southern portion paralleling the river (less than 150 sf total affected wetlands). 5. Finally the sheet pile wall will continue to parallel the river to the southern end of the property and then return landward. In this region (See cross 7 sheet 9B in the application drawings and photos in the final section of this narrative) portions of a collapsed wall, and other debris that has fallen or been placed in public trust waters, will be removed to restore a straight alignment where there historically had been a barge dock. 10 UPLAND DEVELOPMENT (NOT APPLICABLE) This application is made for dredging, dock, and shoreline stabilization to stem the erosion of debris and fill into public trust waters of the Cape Fear River. No upland development is included in this application. The owner is cleaning debris from the site and maintaining overgrowth to preclude gang and homeless presence, and to make it more aesthetically pleasing to the community including those utilizing the Cape Fear Memorial Bridge. No grading work is proposed and impervious surfaces are to remain "as is" except as required to install water dependent structures, specifically the shoreline stabilization (sheet pile wall and tie backs) as identified in this application. The deepening of the berth and the installation of moorings are prerequisites for the owner to solicit specific clients. The owner cannot obtain the interest of prospective clients, or enter into contracts to provide services absent such improvements. The specific (future) utilization of the upland portion will depend on the specific client(s) needs which are to be determined. The owner understands and agrees that any future upland development will require permitting by the appropriate agencies. 11 SITE PHOTOGRAPHY: Below is a 1949 aerial photograph of the site. The former terminus of Queen Street (now abandoned) may be observed dividing two buildings (warehouses) adjacent the Cape Fear River. North of Queen Street is a building (warehouse) on the river side of the existing concrete wall identified in paragraph 1 of the preceding section continuing beneath the current day Cape Fear Memorial Bridge. Queen Street itself appears to be filled to the river side limit of the adjacent warehouses. This is the location of the current eroded triangle between the southern end of the remaining concrete wall and the northern limit of the existing collapsing platform identified in paragraph 2 of the preceding section. South of Queen Street is a building (warehouse) situated on the existing remains of the platform constructed on cribbing and concrete bulkheads, debris, fill, and piles identified in paragraph 3 of the preceding section. The installation of shoreline stabilization as proposed will stem further erosion of sediment and debris into public trust waters from the site. 12 The following photographs depict the extent of the 30' strip of coastal wetlands that has emerged on debris in front of the concrete wall discussed in paragraph 1 of the preceding section. TOP VIEW LOOKING NORTH (Note piles and debris from previous warehouse structure.) 13 The following photo (looking south) further illustrates piles from the previous warehouse structure and the concrete wall that continued north of Queen Street. 14 The following photos show the triangular eroded area where the terminal end of Queen Street used to be, as discussed in paragraph 2 of the preceding section. Note the debris that has been placed to try to control the erosion, and the isolated patch of coastal wetland plants that have emerged at the base of this debris. LOOKING SOUTH LOOKING NORTH LOOKING EAST 15 The following photos show the section of platform constructed on debris, rubble, timber cribbing and concrete bulkheads which is collapsing into public trust waters. Erosion from within the cribbing has permitted water to enter under the northern 14' segment at high tide. Encapsulating this region (once bulk headed and filled) will prevent additional erosion of fill, debris, and (possible creosote) timbers into public trust waters. LOOKING SOUTH j7d VIEW BENEATH COLLAPSING STRUCTURE Note remains of timber cribbing wall, rubble and fill currently eroding into the river precipitating the collapse of this structure. SECTION CONTINUED ON NEXT PAGE 16 The following 1998 and 2002 aerials show the extent of the fixed pier that once served the Pacific Molasses Plant. * t. g 5 E 1998 aerial photo 2002 aerial photo w Pe� is The following photos show the remains of this pier collapsing into public trust waters. Proposed work includes removing this debris from above and below water, and encapsulating the landward structures that have or are beginning undermined as discussed in paragraph 3 of the preceding section, thus preventing further erosion into public trust waters. LOOKING SOUTH WEST LOOKING WEST LOOKING NORTH WEST SECTION CONTINUED ON NEXT PAGE 17 The following photos identify the region of coastal wetlands that has emerged upon debris and rubble to the south of the dock remains as discussed in paragraph 4 of the preceding section. Here the proposed bulkhead will step landward up to and partially above the high water line. There will be minimal impacts to the wetland area at the two points were the wall steps back, and for the limited area to the south where the wetlands adjoins the existing concrete wall. LOOKING SOUTH LOOKING DOWN @ NORTH LOOKING DOWN @ SOUTH Most of sheet pile wall will be SHEET PILE OFFSET LOCATION SHEET PILE OFFSET LOCATION landward of the limit of vegetation. SECTION CONTINUED ON NEXT PAGE The following photos show remains of a concrete wall that has fallen into public trust waters as well as debris that has fallen or been placed into public trust waters as discussed in paragraph 5 of the preceding section. Portions of this debris are to be removed, and portions to be encapsulated by the proposed new sheet pile wall. The new straight alignment will be as close as practical to what was once a bulkhead and barge dock, and will stop erosion and debris from continuing to enter public trust waters in this area. COLLAPSED WALL AND DEBRIS 19 i PROJECT SITE LAT. 34' 13' 33.40" N LONG. 77' 57' 04.29° W CITY OF WLMINGTON Qr EAGLE ISLAND r rn \ O ' O � I pp f� 1 1 I l z SCALE: I"= 1000' PURPOSE: MARINE TERMINAL LOCATION MAP GARY GREENE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY E N c 1 N s 9 R s PO Box 99213 RICE. NC 27624 DATUM: NAVD88 APPUCANL• RIVERMAN LLC WATER BODY: CAPE FEAR RIVER ADJACENT PROPERTY OWNERS: 3334 RIVER ROAD STREET: SURRY STREET 1. COLONAL INDUSTRIES CITY COUNTY: VLMINGTON NEW HANOVER 2. NC DEPT OF TRANSPORTATION WILMINGTON, NC 28411 PATE_ 9/15/12 SHEET 1 IDF 9 z l P i D LLj 0 j�U) LLJ LLJ m ° W� o``'zz Zm o m aovUim r ?131�g0' 100 y 113d4Nd ' —gyp J9 a T.0S8 i� z m v, j2 C3 m. O O a Lu f 1 cc=.�Q j U \ vW 7 m C IJ �i °E ;�; z m -oc �� a Z IE i I N to b, LLJ C3 LLJ !a � � I � W ✓ter W Z sot Q = ►L J + a ' m ° o oc \✓ F z tu W Ckt z LLJ W \ xl z Cl _ ( U J \ Q Cam.) j Q� \ m Q 0 W \ z � I _ \ W � m SCALE: 1"= 200' PURPOSE: MARINE TERMINAL SITE PLAN GARY GREENE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY PO BO E N C I N E R S X 99213 RA LQlA1. NC 27624 DATUM: NAVD88 APPLICANT: RIVERMAN LLC WATER BODY CAPE FEAR RIVER ADJACENT PROPERTY OWNERS: STREET: SURRY STREET 333D RIVER ROAD gT1f COUNTY: WILMINGTON NEW HANOVER 1. COLONIAL DMSM IES 2. NC DEPT OF TRANSPORTATION WILMINGTON, NC 28411 DATE: 9/15/12 SHEET 3 OF 9 o p'F�/ RTY pVw yyNFR 12 °N` z z V I C3 Q O p = a_ w I [� QI y- o:: W L_il W to a� I pia- I LLj In En LO Q m CL d WLqM M Z ' +\ Z W J to @ -� W z <=mz X W N O z W uj (Z uj O 0 0 Z¢ 5 W W LLj � LLJ 0 Z j 1� Q� zO I a S _ m LX wcy I \ a LLI Z o PROPERTY OWNER #1 m I J - r SCALE: 1 rr - 100 PURPOSE: MARINE TERMINAL DEMOLITION PLAN GARY GREENE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY E N 1 N S B R 5 Pa eax 93213 RALEICFf, NC 27824 DATUM: NAVD88 WATER BODY: CAPE FEAR RIVER APPLICANT: RIVERMAN LLC STREET: SURRY STREET ADJACENT PROPERTY OWNERS: 3330 RIVER ROAD 1. coLaNIal. IND T�IEs US CITY COUNTY: WILMINGTON NEW HANOVER DATE: 9/15/12 SHEET 4 OF 9 2. NC DEPT Of TRANSPORTATION WILMINGTON, NC 28411 ° P ROP FRT 0 z Y 'PER 12 >- o z _Z ¢ _j U I LU Q � 1 � V Z cwa � a Z Ln I JQ I I M W p I I zli 0i> o i` a t -` v Q cV) I LLI LLJ W I cr Q � - - - - -- ,' LLJ zN z ,RKJc:, 1 \ mv�� ¢ ' C3 w cno 1 � W U Ld I mQ t=�ZQ U U V) U 1 ! 11 00 0� t 1 I EL !! I I t 1 � + � ! Cie m I m� \ 0 uj Z o PROPERTY OWNER #1 m U SCALE: 1 °= 100' a�= PURPOSE: MARINE TERMINAL WHARF / BULKHEAD PLAN GARY GREENE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY E N O I N$ E R S 0 BOX 99213 RALEIGH, NC 27624 DATUM: NAVD88 1. COLONIAL INDUSIRIES APPLICANT: RIVERMAN LLC 3330 RIVER ROAD WILMINGTON, NC 28411 WATER BODY CAPE FEAR RII STREET: SORRY STREET CITY / COUNTY: DATE: 9/15/12 NEW HANOVER' SHEET 5 OF 9 o t I 3NIl 1-131VN4 1 t' ti h Z Z QCE -J p � Qm U I p p f�i -,-1 W W taQ • t UZ I � g � � /� �� /�9 X60 1 w ,ya �` � ` l . •11 . r a j% 3 p\0 d` It E I I - I -o r r r i l� 41" } �. „app 1 14 J 3NI1 H31VW Li ELEVATIONS REFERENCE NAV088 oI 3:1 � , SEE SHEET P9 FOR TIDAL DATUM o W SCALE: i = 50 PURPOSE: MARINE TERMINAL SPOT ELEVATIONS (NAVD88) GARY GREEKE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY E N Q t N 8 E ti 3 PO WX 99213 RALQ K NC 27624 DATUM: NAVD88 APPLICANT: RIVERMAN LLC WATER BODY, CAPE FEAR RIVER ADJACENT PROPERTY OWNERS: 3330 RIVER ROAD STREET: SURRY STREET 1, COLapK MNUSTRIES CITY COUNTY: WILMINGTON NEW HANOVER 2. NC DEPT OF TRMSVORTATM WILMINGTON, NC 28411 DATE: 9/15/12 SHEET 6 OF 9 Cl 0 O� J�La. } CC i I SCALE: 1 "= 100' PURPOSE: MARINE TERMINAL WORK: ORIGINAL 'DATUM: NAVD88 (ADJACENT PROPERTY OWNERS: i 1. COLONIAL WOUSHMS EDGE OF CHANNEL �I J ,s>\ Ws Jp LLJ 0 0 n • a' W W \ � N 1 1 I v (L 4 0' fpd \\ L� \ v •'` p�4d ha i 1R 4� �4 �A �+Pao'�oa o a as?� aoaq g °,r 0 P'?OPfRrl, 00 WNER 02 i I � ` I i I ! I 1 \ � 1 � ' l c=ti `IN \ 1 Il � � n �1 r 1 I I I I it ti PROPERTY OWNER #1 , DREDGE PLAN RIVERMAN LAYBERTH FACILITY APPLICANT: RIVERMAN LLC 3330 RIVER ROAD WILMINGTON, NC 28411 Qff GNolNEEIts E PO BOX 99213 RAU°KK NC 27624 WATER BODY. CAPE FEAR RIVER STREET: SURRY STREET 01Y / COUNTY: WILMINGTON/ NEW HANOVE DATE: 9/15/12 SHEET 7 OF 9 PROJECT SITE / GE/ CITY OF / WILMINGTON EAGLE ISLAND t �1. / o o ,o �� COE DREDGE DISPOSAL f AREA NORTH CELL , 1 Q v 1 I I lDREDGE AREA SAMPLED 1 & SEDIMENT HAS BEEN TESTED FOR SATISFYING d 4 ` DISPOSAL REQUIREMENTS j AS REQUIRED BY THE a 1 THE CORPS OF ENGINEERS CI ; jj AND ARE DEEMED ACCEPTABLE NU 0� DISPOAL OF INITIAL & FUTURE �°, MAINTENANCE DREDGING o a WILL BE THROUGH LISCENE w AGGREEMENTS NTH THE a CORPS OF ENGINEERS Z SCALE: 1 °= 2000 PURPOSE: MARINE TERMINAL DREDGE DISPOSAL SITES IV, WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY GN G 1 �"s e e sg Po BOX 9W13 Aux+ HC 27024 DATUM: NAVD88 APPLICANT: RIVERMAN LLC WATER BODY: CAPE FEAR RIVER ADJACENT PROPERTY OWNERS: 3330 RIVER ROAD STREET: SURRY STREET r. COLOMAL IMMMEs CITY COUNTY: WILMINGTON NEW HANOVER 2. KC DEPT OF MMSPMTATiON WILMINGTON, NC 2841 i DATE. 9/15/12 SHEET 8 OF 9 Y U O D 4. O a O O SCALE: 1"= 20' PURPOSE: MARINE TERMINAL WORK: ORIGINAL DATUM: NAVD88 1. COLONIAL INDUSTRIES 2. NC OPT OF TRAM 13NNVHO �z 0 d J UJ }- z D: o W ME m` a: 3 r a 0 O e� J a a W Ln m m o c i m co � Q o a' w x z a '¢ u.j v 7 O3 m c=i1 m � N °aWao + a w Lal r Q i ` z O LLI ZO o o p to a g Q J N ODD M n n q1t n N I / O) OD n Lr) to N N O + ++ ++ raj N CV O N I I I SCALE: 1"= 20' PURPOSE: MARINE TERMINAL WORK: ORIGINAL DATUM: NAVD88 1. COLONIAL INDUSTRIES 2. NC OPT OF TRAM 13NNVHO �z 0 d J UJ }- z D: o W ME m` a: 3 r a 0 O e� J a a W Ln m m Q o c / x z a '¢ whe 10ao / c=i1 m � N °aWao + a w Lal r m r W J 2 U 3w J uj °- NIy m a. m cn °" r 3 w Z1�i1 wUwDpc I / z As cnU I OV31.1=8 ONIlSIX3 TYPICAL SECTION & TIDAL RIVERMAN LAYBERTH FACILITY APPLICANT: RIVERMAN LLC 3330 RIVER ROAD WILMINGTON, NC 28411 I 4 4 a' t C 4 CL d j 4 'sf d c 4 L C Q GAiRy1 GNP RN sE PO BOX 99213 RALEMN, NC 27614 WATER BODY: CAPE FEAR RIVER STREET: SURRY STREET QTY / COUNTY: WILMINGTON/ NEW HANOVER DATE: 9 /15/12 SHEET 9 OF 9 mlarl I I a 1 I �_ I W m _! I II� O z Q L 33S \ 1 SCALE: PLAN I "= 100' SECTIONS I"= 40' PURPOSE: MARINE TERMINAL WORK: ORIGINAL DATUM: NAVD88 ADJACENT PROPERTY OWNERS: 1. COLONIAL INDUSTRIES 2. NC DEPT OF TRANSPORTATION g 13 W � 4 Z OO 1 2 I D m� W m� W pQ ~ c t( !1 N z W ly4j Z S O Z Aw � U m Ld U J U N � W Q. I�I ' t Q / m z / C3 / �� o_ a in ti �I L p¢ -:cc Q LO .2! BULKHEAD SECTIONS RIVERMAN LAYBERTH FACILITY APPLICANT: RIVERMAN LLC 3330 RIVER ROAD WILMINGTON, NC 28411 I D m� W O : � U Z�w _ � �qZ U N W BULKHEAD SECTIONS RIVERMAN LAYBERTH FACILITY APPLICANT: RIVERMAN LLC 3330 RIVER ROAD WILMINGTON, NC 28411 i O z �3 I U F a U o W a a rr GARY GREENE CNOINEERS PD aX 94213 ItALF1GN, NC 27624 WATER BODY: CAPE FEAR RIVER STREET: SURRY STREET OTY COUNTY: WILMINGTONJ NEW HANOVER DATE: 9/15/12 SHEET 9A OF 9 m� : Z Z�w _ � �qZ U i O z �3 I U F a U o W a a rr GARY GREENE CNOINEERS PD aX 94213 ItALF1GN, NC 27624 WATER BODY: CAPE FEAR RIVER STREET: SURRY STREET OTY COUNTY: WILMINGTONJ NEW HANOVER DATE: 9/15/12 SHEET 9A OF 9 m � d = r i / / 1 1 1 1 /A 1 I m l Ww l z Z �_wCOO yVZ 0 z U .- w o QQ��a.,11 tt�JJ�W v) �O� �d ° 6 W � En QU NdZ m 52QO to v� W:5 LW C ° z' 2 F W sk 1 1 /A 1 I m U w Ww d23 Z �_wCOO yVZ 0 U w z z 0 to v� W:5 LW C ° z' 2 F W sk 4N4 ;5 Z iaJ OJ � K SCALE: 1 °= 40' PURPOSE: MARINE TERMINAL BULKHEAD SECTIONS GARY GREE NE WORK: ORIGINAL RIVERMAN LAYBERTH FACILITY B H I N R 9 O% 94213 A t PO B RAlfttK NC 27824 3 DATUM: NAVD88 WATER BODY: CAPE FEAR RIVER APPLICANT.• RIVERMAN LLC STREET: SURRY STREET ADJACENT PROPERTY OWNERS: 3330 RIVER ROAD t, COLONIAL @IDllSifIIES CITY COUNTY: WILMINGTON NEW HANOVER 2, MC DEPT OF TRANSPORTARON WILMINGTON, NC 28411 DATE: 9/115/12 SHEET 98 OF 9 oFOR JENNI; R10IlJ },ACNEISH OF GEED' M NEW HHNOVER COUNTY, ) !I lul�lf' �I�pl�9 2�i2 JI;iJ 13 03 14 24 P, 2012019735 BK 5647 PG 2221 -2225 FEE $26 00 KC REV STW $2,3M 06 1611 � NOR F'%,W Tat $ Parcel m R0 53 1 2 -004 -001, R05312405-003 $2,300-00 P,05312- 005 -004 Prepared by and Return to *9 MORRIS MANNIN0 AND l�1 ART1t�i. L -LP 1000 Park Plaza, Ste 350 Dufiam, NC 27713 BnefDesmpoon for the Index I 3 Tracts - SMY ��140t dmmgton, LNew Hanover C NORTH CA ROLINA SPECLAL WARILAIV"rY DEEPS THIS DEED made this 1 "day of June, 2011, by and between GRANTOR CRM Mid Atlantic Properties, LLC, a Georgia limited liability company Whose mailing address is c/o StmTinat Bank 303 Peachtree Sued, N F, 36' Floor Atlanta, GA 30303 GRANTEE RMR/MIAN, LLC Whose mathng address is 3330 Rivet Road Wilmingtor, NC 28412 rnw m appsapaata block for reob Party name, addre�, and if WgaaP a Ct18taGt6 of amt}, 69 cmpmatum m Pmtarn -P the destgpattoe tiraatoT and Gaa*A as ued mama, r Wl)ncb& sad patua, tteir hare, suc=nmi, and amsm% fad Sbdl maws smgutar, pb -A, um =&r- fammm a neuter m manned by =1ta d WII MSETH, that Grantor, for and m cons dwattoa of the sate ofTen and No/100 Dollars ($10 00) and abet good and valuable conmderatton m hand paid at and before tho delivery of these presents, the receipt and suffictaacy of which are hereby acknowledged. has granted, bargained, sold, transferred, conveyed and confirmed and by these presorts does grant, bargaln, selI, and convey tmto the Grantee m fee mmple, all that certain trad orparcel of [and lying and being mNew Hanover County, North Carobna, being more particularly doscnbcd on bit (the "Property'} attached hereto and incorporated hewn byreference The Property heremabove descnbed was acgmrcd by Gratrtar by mst o ent recorded in Book 5586, Page 843, New Hanover County Regstry All or a porhonof$te PropertYllc t conveyed does not include the pninary restdem of Qm1or + TO HAvE K14D TO BOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee is fee simple Aid Grantor covenants with Grantee, that (traitor has done nothing to title to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful chum of all persons claiming by, under or through Grantor, except for the exceptions heremapter stated Title to the Property is sabiect to the following exceptions (r) the lien of real estate taxes, taxes =posed by speeral assessment and water, sewer, vault, public space and oth= public charges which are not yet due and payable, (n) all applicable laws (including zonnig, building ordinances aW land use rogelations), (ni) all easements, reslnctions, covenants, ag' menu, conditions, or other matters of record, and (1v) all matters that may be revealed by a currant and accurate survey or inspection of the property Ormilor makes no warranty or represeutabon as to the condition of the property or auy improvcrnents thereon, mcludmg without limitation, any latent or envnromnOnW defects in the property or m any nuprovements thereon and the serviceability or fitness for a particular purpose of the property or any umprovemcnis thereon, and Grantee accepts the property and anytinproveii is thereon "A5 IS" without recourso against Grantor [Signature page follows] IN WrnjM WOOF, Grantor bas caused tits instrument to be signed in its amine Sus I" day of J une, 2012 and dsltvered as of be date, urd_oated on the first page of this Deed GPAMOR CM NIIl)- ATLAMCFROURTM. LLct4t a Georgia hinted hablw By hmit By Name Tu Tate VicaPiemdent unty, 1 or t Gl t`t Wake co 'llsJ I certify that the foPowing person personally appeared before me this day and wjmowledged to me that he or shs vclun`anly sl9 ted the foregoing document for the purpose stated therem and in the capacity mdicawd 'Timothy Lairmalas, Vice President CRM M D4MANTICPROPERTM, LL.C, a Georgia intuited bAdrtyo o=p any by CRIA Properties Mwmga I LC, a Georgia hmite6 Lability campanY, Its sole member Date &- I- ;000 -- My Commisstork Expires [Affix Notary Stamp or Seal) KAREN D PULLEY Notary Public Franklin County North CarDhRa My �ommissioo Expires Fkb 1 2016 � ;3(;) 14 Pnbli �j� , PrmtName b rt� �-l� Rxhi.bit "A" Located in the City of Wilinnington, County of New Hanover, State of North Carolina Comratmee at an. exmttag concrete monument located in the centerline of Scary Street at Its Intersection with the centerline of Queen Street, thence, South 20 degrees 26 minutes 1 l seconds West, a distance of 75 14 feet to the point of Beginning, thence, along and with the west rda of way Ime of Surry Street, South 05 degrees 37 rninutes 00 seconds East, a distance of 229 50 feet to an existing im pipe, thence, South 84 degrees 23 minutes 00 seconds West, a distance of 110.00 feet to an existing iron pipe, thence, South 05 degrees 37 minutes 00 seconds East, a distance of 132.00 feet to a neat In asphalt; thence, South 84 degrees 23 minutes 00 seconds West, a distance of 474 00 feet to a nail in asphalt, thence, South 94 degrees 23 minutes 00 seconds West, a distance of 205 00 feet (approximate) to the Eastern Harbor Line of the Cape Fear River, thence, a northwardiy direction, along and with the Eastem Harbor Lmc of the Cape Fear Inver, a distance of 150.00 feet (approximate) to a point; thence, north 84 degrees 23 minutes 00 seconds east, a distance of 135 00 feet (approximate) to a point; ibance, along and with the mw high water line of the Cape Fear River in a nortitvr irdty direction, a distance of 99.00 feet (approximate) to a point, thence, south 84 degrees 23 minutes 00 seconds west, a distance of 85 00 feet (approximate) to the eastern Harbor Line of the Cape Fear Raver, thence, along and with the eastern Hubor Line of the Cape Fear River, in a northeastwardly direction, a distance of 230.00 feet (approximate) to a point; thence, Notch 84 degmm 23 minutes 00 seconds East, a distance of 81.23 feet (appro)dmate) to a point; thence, North 12 degrees 20 minutes 06 seconds Fast, a distance of 123.7I feet to a point, thence, North 12 degrees 37 minutes 46 seconds East, a distance of 58 25 feet to a point in the southern right of way of the Cape Fear Memorial Bridge, thence, along and with the right of way of the Cape Fear Memorial Bridge, South 66 degrees 06 minutes 50 seconds East, a dtstme of 35 23 feet to a point, thence, along w th the Ii& of vmy of the Cape Fear Memorial Bridge, North 23 degrees 53 minutes 10 seconds Fast, a distance of 15 00 feet to a point, thence, along and with the right of way of the Cape Fear Memorial Bridge, South 66 degrees 06 amnutes 50 seconds East, a distance of 264 68 feet to a point, thence, South 05 degrees 37 minutes 00 seconds East, a distance of 38 38 feet to a point, thence, South 05 degrees 37 minutes 00 seconds East, a distance of 66.00 feet to a point; thence, along and with the southern right of way line of Queen Street, North 94 degrees 23 minutes 00 seconds East, a dts%m of 154 02 to a point, thence, South 66 deg roes 06 minutes 52 seconds East, a distance of 70 06 feet to the point of Begannirig„ contaiiung 7 42 acres, more or less, as shown on a survey for JLM Realty, Inc made by Michael Underwood and Associates dated June 19, 2001; and being the same property conveyed to JIM Realty, Inc by those deeds recorded in Book 2277, Page 873 and Book 2277, Page 870 and Book 2402 Page 61 of the New Hanover County Registry, and to Peter D Koke at Book 2204 at Page 0628 of the New Hanover County Registry (Note the ()ueeai Strmet ngM of Way located south of and adioirlina_the above descried 0 80 acre. is now closed See Book 890 at Page 86 and Book 1295 at Page 707 of the New Hanover County for reference Together with any easement, whacb shall run with the land, for ingress and egress to and from QuBm Street over the following described tract. Begtmmmg at point in the northern line of Queen Street which is located South 84 degrees 23 minutes 00 seconds West 215 feet from the Intersection of the northern lane of Queen Street with the western line of Sung Street, rimming thence from said B,-ginning point South 05 degrees 37 minutes 00 seconds Fast 45 feet; thence South 84 degrees 23 mimvies 00 3=nds West 45 feet, thence North 06 degrees 37 minutes 00 seconds West 45 feety thence North 94 degrees 23 minutes 00 seconds East 45 feet to the point of Beginning, The coarveyance of this easement is subject to eammeats for raiilrties in favor of the City of Wilmington, Carolina Power and Light Company and other utilities under or over sand easement strip JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28461 RkRR!# RRtkkktt## t# kkRtR# ttttRkl Rtk# ktt# Rt# t!## R# ttttttRRkt4kttt# tttkkk## tl kt## tkt# tktkRraka +ttktRkrLkivbmrebkttCklkr.ekR Filed For Re91stratfon Book Document No: NC REAL ESTATE EXCISE TAX Recorder 0611312012 03'14'24 PM RE 5647 Page 2221 -2225 2012019735 5 PGs $26 00 $2,30000 ,JOHNSON, CAROLYN State of North Carolina, county of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. t 2012019735 1 G� S` 2 I a2 Y� ,�4�4FJKlill�t'• JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 FOed For Regrsrrata0n. DGM=012 02,44.24 Poo Book RE 5647 Page 2227 -2225 Docun=d No : 2012014715 5 PGS $2600 NC REAL ESTATE EKCISE TAX S2.30D DD Recorder JOHNSON. CAROLYN State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. `02012 nV 1ny 735 2012019735 RIVRRMAV, LLC 3330 River Road, Wilmington, NC 28412 August 30, 2012 Ms. Sandy Spiers SunTrust Bank 1979 Eastwood Road Wilmington, NC 28403 RE: North Carolina Division of Coastal Management Application for Major Development Permit Riverman Layberth Facility 712 & 720 Surry St., Wilmington, NC 28401 Dear Ms. Spiers: This letter is to provide required notice that we are applying for a Major Development Permit with the NC Division of Coastal Management for the subject property. Enclosed please find a copy of this application, complete with DCM Forms MP -1, MP -2, MP -4, Property Deed, Narrative, and Gary Greene Engineers Drawings 1 through 9 inclusive for your review. Specifically we are requesting CAMA's permission to lower our berth to -42 in conjunction with the anticipated harbor deepening proposed by the US Army Corps of Engineers. Additionally we are requesting permission to remove failed structures in public trust waters, and to replace the failed dock with a new dock and bulkhead as indicated in the attached drawings. Any objections or concerns you may have regarding our proposal should be provided in writing to the North Carolina Division of Coastal Management within thirty days. Sincerely, vo� � �X\J Michael E. McCarley Co Owner, Riverman, LLC Attach: Application for Major Development Permit, NCDCM, dated 8/30/2012, Riverman, LLC with supporting documents. (910) 791 -2411 -FAX (910) 791 -4054 o Complete items 1, 2, and 3. Also complete A. sid re t 0 Agent item 4 if Restricted Delivery is desired. X 0 Addressee El Print your name and address on the reverse so that we can return the card to you. B. ec ,V rite e) to of p i1r ry o Attach this card to the back of the mailpiece, �r / Z, or on the front if space permits. D Is delivery address different from item 1. es 1. Article Addressed to: If YES, enter delivery address below* ❑ No f J + 3. Se ice Type Zertified Mail ❑ Express Mail ,y ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. �J IJ 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7009 3 410 0001 3 3 8 9 4 815 (transfer from service label) Domestic Return Receipt 102595 -02 -M -1540 PS Form 3811, February 2004 ' r D-. _rl r Z' cc M Postage $ M Certified Fee §Postin rk O Return Receipt Fee, r3 (Endorsement Required) 0 Restricted Delivery Fee C3 (Endorsement Required) � Total Postage &Fees m Sent To��� D� - - - -- ... -- - - -- street, Apt. No.; or PO Box No. City State, ZIP +4\' IV—It stal Servicen, IFIED MAIL,, RECEIPT F c Mail only; No Insurance Coverage provided)- y information visit our Website at w"- .usps.comm . _ y r D-. _rl r Z' cc M Postage $ M Certified Fee §Postin rk O Return Receipt Fee, r3 (Endorsement Required) 0 Restricted Delivery Fee C3 (Endorsement Required) � Total Postage &Fees m Sent To��� D� - - - -- ... -- - - -- street, Apt. No.; or PO Box No. City State, ZIP +4\' IV—It RIVERMAN, LLC 3330 River Road, Wilmington, NC 28412 August 30, 2012 Mr. Trevor K. Carroll Division Bridge Maintenance Engineer NCDOT Bridge Maintenance 5501 Barbados Blvd. Castle Hayne, NC 28429 RE: North Carolina Division of Coastal Management Application for Major Development Permit Riverman Layberth Facility 712 & 720 Surry St., Wilmington, NC 28401 Dear Mr. Carroll: This letter is to provide required notice that we are applying for a Major Development Permit with the NC Division of Coastal Management for the subject property. Enclosed please find a copy of this application, complete with DCM Forms MP -1, MP -2, MP -4, Property Deed, Narrative, and Gary Greene Engineers Drawings 1 through 9 inclusive for your review. Specifically we are requesting CAMA's permission to lower our berth to -42 in conjunction with the anticipated harbor deepening proposed by the US Army Corps of Engineers. Additionally we are requesting permission to remove failed structures in public trust waters, and to replace the failed dock with a new dock and bulkhead as indicated in the attached drawings. Any objections or concerns you may have regarding our proposal should be provided in writing to the North Carolina Division of Coastal Management within thirty days. Sincerely, Mic el E. McCarley Co Owner, Riverman, LLC Attach: Application for Major Development Permit, NCDCM, dated 8/30/2012, Riverman, LLC with supporting documents. (910) 791 -2411 o FAX (910) 791 -4054 ❑ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • 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 mallpiece, or on the front if space permits. 1. Article Addressed to: �csst i ac�artA , JV �S`i �Q COMPLETE TMIS SECTION ON DELIVERY B. D. Is delivery address different from item 1? u Yes If YES, enter delivery address below: ❑ No 3. Service Type 49:Certfied Mail [3 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mad ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7pD9 347,D DDO1 3389 48D8 (Transfer from service label) _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 540 e Oil ° 0 D CO o . ( o cO rl GYb Er M Postage $ m Cerufled Fee � f�� rl /Yii Retum Receipt Fee e M C3 (Endorsement Required) M Restricted Delivery Fee (Endorsement Required) O r=I Total Postage & Fees $ ftl Sent To . (v_ .W _! Street, Apt. Nii ,1- M or PO Box Iva � City, State. ZIP+4 _. RIVERMAN, LLC 3330 River Road, Wilmington, NC 28412 August 30, 2012 Mr. Bob Welch Colonial Oil 1002 S. Front St. Wilmington, NC 28401 RE: North Carolina Division of Coastal Management Application for Major Development Permit Riverman Layberth Facility 712 & 720 Surry St., Wilmington, NC 28401 Dear Mr. Welch: This letter is to provide required notice that we are applying for a Major Development Permit with the NC Division of Coastal Management for the subject property. Enclosed please find a copy of this application, complete with DCM Forms MP -1, MP -2, MP -4, Property Deed, Narrative, and Gary Greene Engineers Drawings 1 through 9 inclusive for your review. Specifically we are requesting CAMA's permission to lower our berth to -42 in conjunction with the anticipated harbor deepening proposed by the US Army Corps of Engineers. Additionally we are requesting permission to remove failed structures in public trust waters, and to replace the failed dock with a new dock and bulkhead as indicated in the attached drawings. Any objections or concerns you may have regarding our proposal should be provided in writing to the North Carolina Division of Coastal Management within thirty days. Sincerely, f, Mi ael E. McCarley Co Owner, Riverman, LLC Attach: Application for Major Development Permit, NCDCM, dated 8/30/2012, Riverman, LLC with supporting documents. (910) 791 -2411 s FAX (910) 791 -4054 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • 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, A. Sign ture j{( �(t�j�� ❑Addressee B./Fleceived by (Punted Name) C. Date of Delivery D. Is delivery address different from item 1? El e If YES, enter delivery address below: No 3. Service Type 1 = ertified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number ?009 3 410 0001 3 3 8 9 4.7 ? 8 (Transfer from service label) _ _ _._ ____ — ]02595 -02 -M -1540 PS Form 3811, February 2004 Domestic Return Receipt O 0 ED 11- - UU.3u '4AiZ � Er r M m Postage $ M r Certified Fes os rk_ r-1 E3 Return Receipt Fee e O (Endorsement Required) E3 Restricted Delivery Fee (Endorsement Required) �- Total Postage 8 Fees I m Sent To Er or PO Box No. 1 d O._.__ ...... ... .........� P- c�ry,'s "�,�� `�G 2 €3 `f o