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HomeMy WebLinkAbout20210199 Ver 1_CAMA Application_20210401DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Major Modification State Permit No. 84-05 1. APPLICANT'S NAME: Waterfronte Villas Owners Association, Inc. c/o Andy Dortch 2. LOCATION OF PROJECT SITE: 100 Spencer-Farlow Drive Carolina Beach, NC, adjacent to the CB Yacht Basin Lat: 33°52'11.4" N Long: 78°10'00" W Lat: 34°03'19.02"N Long: 77°53'28.09"W 3. INVESTIGATION TYPE: LAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit-3/17/21 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — Complete: 3/23/21 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Carolina Beach Land Classification From LUP — Developed (B) AEC(s) Involved: CW, PT, EW, ES Water Dependent: Yes (D) Intended Use: Commercial/Residential (E) Wastewater Treatment: Existing — Municipal Sewer Planned: None (F) Type of Structures: Existing — Waterfronte Villas (including town homes, marina, maintenance building, bulkhead and docking system) Planned - New Vinyl Bulkhead, Continued Maintenance on Existing Docking Facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal/Section 404) (B) Non -Vegetated Wetlands (Open water) (C) Other — Highground (BackfilI) 248 sq. ft. (bulkhead) 740 sq. ft. (bulkhead) 9,880 sq. ft. (I) (E) Total Area Disturbed: 10,868 sq. ft. (.25 Acres) Primary Nursery Area: No Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is requesting a Major Modification to existing State Permit # 84-05 to construct a new vinyl bulkhead 2 ft. waterward of the existing wall within Estuarine and Public Trust Waters and the Coastal Wetland AEC. The request also includes continued maintenance on the existing marina docking facility. Waterfronte Villas Owners Association, Inc Page Two 9. PROJECT DESCRIPTION The project site is located at the end of Spencer Farlow Drive, adjacent to the Atlantic Intracoastal Waterway and Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. To get to the site, take Hwy 421 south from Wilmington into Carolina Beach. Turn left onto Lewis Drive and then an immediate left onto Access Road. Turn right onto Spencer Farlow Drive from Access Road and Waterfronte Villas will be located at the end of the Road. The lot averages 6-10 feet above mean sea level. Waterfronte Villas and Marina currently operates as a fuIl- service residential and commercial docking facility. The Waterfronte Marina facility is comprised of approximately 4.37 acres and is located at the far end of the Spencer Farlow Drive. The facility is used to provide marina services to the residents of the Waterfronte Villas, as well as for commercial use. Existing man-made features on the tract include: several town home units, a docking facility, maintenance building, swimming pool, clubhouse and a bulkhead. The tract is developed with very little vegetation. Lawn grasses and ornamental landscaping represent the majority of on -site vegetation. Waterward of the bulkhead adjacent to "C-Dock" exhibits an area of coastal marsh measuring approximately 200' in width by 100' in length consisting primarily of Smooth Cordgrass Marsh (Spartina alterniflora) and Black Needlerush (Juncus roemarianus). There also exists an area of coastal marsh measuring approximately 350' in Iength by 100' in width located at the northern side of "A -Dock" consisting primarily of Smooth Cordgrass Marsh and Black Needlerush. The existing water depths at this location of the marina range from approximately —0.5' to —2.0' @ Mean Low Water (MLW). CAMA Major/Dredge and Fill Permit # 168-96 was originally issued to Snow's Cut Marina Townhouses c/o Northcrest Investment, Co. in December 1996. The permit was transferred to Snow's Cut Marina Townhouses c/o Ellsworth -Sloan, LLC in May of 1999. In July 1999, the permit was transferred to Waterfronte Villas and Yacht Club c/o Ellsworth -Sloan, LLC. The previously issued permits included dredging activities in the areas surrounding the floating docks as well as the entrance to the boat basin. The Waterfronte Villas and Marina facility submitted a major permit application for modification to their existing CAMA Major/Dredge and Fill Permit No. 84-05, which was issued through the Express Program on July 8, 2005. State Permit No. 84-05 authorized maintenance dredging within the marina basin and the addition of 16 slips creating a total of 169 slips. This permit was modified on June 9, 2006 for the addition of 6 additional slips and again on October 29, 2015 and December 21, 2016 for the addition of jet docks and floating boat lifts within existing slips at the marina. The marina currently accommodates up to 174 slips. State Permit No. 84-05 was last renewed on February 27, 2020 under a Maintenance 5/Renewal and is due to expire on December 31, 2024. The Town of Carolina Beach Land Use Plan classifies the area in the vicinity of the project area, as Developed. The waters in the project area are classified as SE by the N.C. Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant is requesting a Major Modification to existing State Permit # 84-05 to construct a new vinyl bulkhead 2 ft. waterward of the existing wall within Estuarine and Public Trust Waters and the Coastal Wetland AEC. The request also includes continued maintenance on the existing marina docking facility. According to the application, 494 linear ft. of the existing degrading bulkhead would be replaced 2 ft. waterward of the existing bulkhead. Two Coastal Wetland areas, measuring a total of 124 linear ft., exist adjacent to two sections of the existing bulkhead. The applicant is proposing to fill approximately 248 sq. ft. of Coastal Wetlands consisting primarily of Smooth Chordgrass (Spartina alterniara), Black Needlerush (Juncus romerianus) and Salt Meadow Grass (Spartina patens) mixed in with Wax Myrtles in these areas (see sheets 2, 3,4 and 5 of 5). An existing 8 ft. Waterfronte Villas Owners Association, Inc Page Three wide by 420 ft. long shore side wooden walkway would be removed for bulkhead installation and replaced within the same footprint. According to the applicant, the existing marina docking facility will be maintained and repaired over time within the existing footprint as permitted under State Permit No. 84-05 (see most recent marina configuration drawing dated received on November I, 2018). 10. ANTICIPATED IMPACTS The proposed new bulkhead installation would incorporate 740 sq. ft. of Estuarine Waters and Pubic Trust Area and fill approximately 248 sq. ft. of Coastal Wetland Area. High ground disturbance within the Estuarine Shoreline Area would be a maximum of 9,880 sq. ft. The existing permits and modifications currently authorize dockage for up to 174 vessels within the marina basin. The applicant would like to include future marina repairs and maintenance within the existing marina footprint with this Major Modification Request. Submitted by: Tara MacPherson Date: 3/29/21 Office: Wilmington tLMG LAND MANAGEMENT GROUP a DAVEY. company March 1, 2021 Patrick Amico Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: Waterfronte Villas Owners Association, Inc. 1630 Military Cutoff Rd, 108 Wilmington, NC 28403 Patrick, On behalf of Waterfronte Villas Owners Association, Inc., I would like to request a CAMA Major Modification to Permit 84-05 for 100 Spencer Farlow Drive for bulkhead replacement and replacement of damaged docking facilities within the existing permitted marina footprint. A complete application and supporting materials are enclosed. $400 application fee check was delivered with the previous application. The adjacent riparian landowners have been notified and green confirmation cards / waivers will be forwarded once received. Please ]et me know if you have any questions or need anything in addition to accept the application as complete. Thank you for your assistance. Sincerely, Andy Dortch Encl: Drawings Cc: Waterfronte Villas Owners Association, Inc. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0080 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED MAR 0 1 ?O?I DCM WILMINGTON, NC 3. DCM MP-1 Section 6.0 Additiona[ Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at 100 Spencer Farlow Drive in Carolina Beach, New Hanover County. The overall property operates as a townhome complex and marina facility. Permitting history for the property is extensive. The most recent permits issued are Emergency GP #76166 (11/13/2020) for repairs to existing docking facilities damaged by Hurricane Isaias, and Major Renewal / Maintenance #84-05 (2/27/2020) for maintenance dredging within the existing permitted dredging boundary. Alternate permits that have been issued include minor modification #84-05 (12/21/2016), minor modification #84-05 (10/29/2015), minor modification #84-05 (6/9/2006), new express #84-05 (7/8/2005), renewal / transfer #168-96 (7/7/2009), and renewal / transfer #168-96 (9/4/2001). See Appendix B for details. Waters in the project area are classified as SB and are not open to shellfishing. There are no SAV or shellfish resources present. 3.1.2 Proposed Action The applicant proposes major modification to Permit 84-05 for replacement of —494 of the existing degraded bulkhead 2' waterward of the existing location, after which the vacant area will be backfilled with sand. Replacement of the already compromised portions of bulkhead 2' waterward rather than in the original footprint will minimize sediment discharge and potentially dangerous earth slides of the already jeopardized soil stability. Approximately 248 square feet of coastal wetlands will be impacted. The proposed construction method of backfill intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately 1' wide and will be constructed of naval style vinyl sheet pile with a wooden cap. The proposed bulkhead will tie to adjacent bulkheads. An 8' wooden walkway will be installed in the original footprint when bulkhead construction concludes. The applicant also proposes to replace damaged docking facilities within the existing marina footprint as needed. There is no additional upland work proposed on the property. See Appendix A for details. It should be noted that Mike Conard with Carolina Marine Construction, Inc. will be applying for a General Permit for immediate bulkhead replacement outside Coastal Wetland boundaries between approximate stations 35 — 180 on the southern portion of the property ("61 feet away from the southern property boundary and spanning "'116 feet north). The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Additionally, the project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED MAR 0 I. 2021 Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina DCM WILMINGTON, NC 9 WATERFRONTE V[LLAS AND YACHT CLUB OWNERS ASSOCIATION, INC. clo CAMS 1612 Military Cutoff, Ste. 108 Wilmington, NC 28403 January 20, 2020 Patrick Amico NC Divison of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Amico, I, Kevin Wilson, acting as agent for Waterfronte Villas and Yacht Club Owners Association, am requesting the renewal of State Permit # 84-05, to keep the permit active and renew the five year maintenance dredging cycle. Over the life of the permit, Waterfronte has done dredging between the entrance ways and replaced pilings on its B dock. Further, we have modified the permit in r4equesting floating lifts and have done float repair. State Permit 84-05 was issued originally to Waterfronts Development, LLC, in July 2005 for excavation and the creation of a marina docking facility, adjacent to the AIWW and Carolina Beach Yacht Basin at Spencer Farlow Drive in Carolina Beach. State Permit No. 84-05 has been modified, renewed, and refined several times. In 2015, State Permit 84-05 was transferred to Waterfronte Villas and Yacht Club Owner's Association, and expired on December 31, 2019. If any additional information is required, please contact me (the association's managing agent) at kwilson@camsmgt.com, or (910) 239-1516. Sincerely, On Behalf of the Board of Directors of; Waterfronte Villas and Yacht Club HOA, Inc; Kevin Wilson CAMS RECEIVED MAR 01 Z021 DCM WILMINGTON, NC 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Waterfronte Villas Owners Association, Inc. Project Name (if applicable) Waterfronte Villas Owners Association, Inc.— 100 Spencer- Farlow Drive Applicant 1: First Name Tim MI nla Last Name Holloway Applicant 2. First Name MI n/a Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1630 Military Cutoff Road SUITE 108 PO Box n/a City Wilmington State NC ZIP 28403 Country USA Phone No 919-972-1082 FAX No. Street Address (if different from above) NA City State ZIP Email thsr1949@gmail.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name Andy MI n/a Last Name Dortch Agent/ Contractor 2: First Name Greg MI n/a Last Name Finch Mailing Address 3805 Wrightsville Avenue, Suite 15 PO Box n/a City Wilmington State NC ZIP 28403 Phone No. 1 910-452-0001 ext nla Phone No. 2 nla ext. nla FAX No. 910-452-0060 Contractor # n/a Street Address (if different from above) NA City State ZIP Email adortcht In1group.net, gfinch(a?Imgroup.net RECEIVED MAR o 1 7D71 Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina DCM WILMINGTON, NC 2 3. Project Location County (can be multiple) New Hanover Street Address 100 Spencer-Farlow Drive State Rd. # nla Subdivision Name n/a City Carolina Beach State NC Zip 28428 Phone No. nla Lot No.(s) (if many, attach additional page with list) NA a. In which NC river basin is the project located? White Oak b. Name of body of water nearest to proposed project AIWW / Snows Cut c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. AIWW 1 Snows Cut [Natural @ Manmade ❑Unknown e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work fails within. Carolina Beach Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) 810' @ NHW b. Size of entire tract (sq.ft.) 4.7 +1- acres c. Size of individual lot(s) nla (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Shrubs, trees and lawn grasses. d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 0-11' ®NHW or ❑NWL f. Man-made features and uses now on tract Townhomes, parking facilities, pool and clubhouse facilities. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential homes, community docks and slips, coastal marsh. h. How does local government zone the tract? MB-1 Marina i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j Is the proposed activity part of an urban waterfront redevelopment proposal? ['Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes No DNA If yes, by whom? i. Is the proposed project located in a National Registered Historic District or does it involve a National ['Yes No DNA Register listed or eligible property? RECEIVED MAR 01 20?1 Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina DCM WILMINGTON, NC 3 m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (il) above, has a delineation been conducted? (Attach documentation, if available) NORMAL HIGH WATER AND COASTAL WETLAND LINES DETERMINED FROM AERIAL PHOTOGRAPHY, 12/10/2020 SITE INSPECTION AND RENEWAL PERMIT 168-96 FIGURES. NO UPLAND DEVELOPMENT IS PROPOSED. SEE APPENDIXA FOR DETAILS. ®Yes ❑No ®Yes ❑No ■ Yes ®No n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. Municipal storm drains and retention / beautification pond 5. Activities and Impacts a Will the project be for commercial, public, or private use? • Commercial ❑Public/Government ►1 Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to replace -494' of the current existing degraded bulkhead 2' waterward from its current location. Approximately 124' of the -494' replacement will occur over coastal wetlands. An 8' wooden walkway will be installed in the original footprint when bulkhead construction concludes. The purpose of the project is to stabilize uplands, repair the degraded existing bulkhead, and replace damaged docking facilities within the existing marina footprint as needed. 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 bulkhead construction methods and equipment will be used. Equipment will be stored on site, if needed d. List all development activities you propose. The applicant proposes major modification to permit 84-05 for replacement of -494' of the existing degraded bulkhead 2' waterward of the existing location, after which the vacant area will be backfilled with sand. Approximately 248 square feet of coastal wetlands will be impacted. The proposed construction method intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately 1' wide and will be constructed of naval style sheet pile with a wooden cap. The proposed bulkhead will lie to adjacent bulkheads. An 8' wooden walkway will be installed in the original footprint when bulkhead construction concludes. The applicant also proposes replacement of damaged docking facilities within the existing marina footprint as needed. There is no additional upland work proposed on the property. See Appendix A for details. It should be noted that Mike Canard with Carolina Marine Construction, Inc. will be applying for a General Permit for immediate bulkhead replacement outside Coastal Wetland boundaries between approximate stations 35 - 180 on the southern portion of the property (-61 feet away from the southern property boundary and spanning -116 feet north). 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? —988' ®Sq.Ft or ❑Acres total —248' 0 Sq.Ft or EAcres coastal wetlands g. Will the proposed project encroach on any public easement, public accessway or other area ['Yes I No MINA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. EIVED Application for a Major Modification to CAMA Permit 84-05 - March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina R 0 A ?Dji'l DCM WILMINGTON 'C i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑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. 6, Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly 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 HARBOUR PT YACHT CLB MEM ASSOC Address 1630 MILITARY CUTOFF ROAD SUITE 108, WILMINGTON NC 28403 or 101 GREEN TURTLE LANE, CAROLINA BEACH NC 28428 or 114 GREEN TURTLE LANE, CAROLINA BEACH NC 28428 Phone No. NA Name CAPPA DANIEL P ETAL Phone No. NA Address 69 STONEWOOD AVENUE, ROCHESTER NY 14612 Name WARREN GLEN LINDA Phone No. Address 1614 ISLAND MARINA DRIVE, CAROLINA BEACH NC 28428 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates Emergency GP #76166, Waterfronte Villas HOA, 11/13/2020 Renewal / Maintenance #84-05, Waterfronte Villas & Yacht Club, 2/27/2020 Minor Modification #84-05, Waterfronte Villas & Yacht Club, 12/21/2016 Minor Modification #84-05, Waterfronte Villas & Yacht Club, 10/29/2015 Minor Modification #84-05, Waterfronte Development LLC, 6/9/2006 New (Express) #84-05, Waterfronte Development LLC, 7/8/2005 Renewal / Transfer #168-96, Waterfronte Villas & Yacht Club, 7/7/2009 Renewal / Transfer#168-96, Waterfronte Vil€as & Yacht Club, 9/4/2001 Renewal / Transfer #168-96, Waterfronte Villas & Yacht Club, 7/7/1999 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. RECEIVED MAR 0 1 2071 Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina DCM WILMINGTON, NC 5 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: March 2021 Print Name: Andy Dortch, Agent, Land Management Group Signature tfali4 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 RECEIVED MAR O 2f21 Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina DCM WILMINGTON. NC 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION O This section not applicable a. Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2_ DISPOSAL OF EXCAVATED MATERIAL El This section not applicable a. Location of disposal area. b Dimensions of disposal area. c. (i) 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf 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 disposal in these areas. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? (i) Does the disposal include any area in the water? ['Yes ❑No DNA (ii) If yes, how much water area is affected? RECEIVED Application for a Major Modification to CAMA Permit 54-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina MAR 01 ?O?q DCM WINING -ON NC 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑BreakwateriSill ❑Other: c. Average distance waterward of NHW or NWL: 2' e. Type of stabilization material: naval style vinyl with sand backfill and wooden cap g. Number of square feet of fill to be placed below water level. Bulkhead backfill -988 sq ft total ; -248 sq ft Coastal Wetlands Riprap Breakwater/Sill Other i. Source of fill material. Sand mine or upland source b. d. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes No DNA (ii) If yes, state amount of erosion and source of erosion amount information. Bulkhead is leaning waterward at portions of proposed replacement area h. Type of fill material. Sand Length: -494' Total ; -124' over Coastal Wetlands Width: 1' Maximum distance waterward of NHW or NWL: 2' 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ®This section not applicable a. (i) Will fill material be brought to the site? ❑Yes ❑No If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill ❑NA b. (i) Will fill material be placed in 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 (ii) Describe the purpose of the fill in these areas: NA 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fence or typical erosion control measures c. (i) Will navigational aids be required as a result of the project? ❑Yes No EINA (ii) If yes, explain what type and how they will be implemented. NA b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe or other typical bulkhead replacement construction equipment d. (i) Will wetlands be crossed in transporting equipment to project site? Eves No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. N/A Date March 2021 Project Name 100 Spencer-Farlow Drive Applicant Name Waterfronte Villas Owners Association, Inc. Applicant Signature Devad , Agent, Land Management Group Application for a Major Modification to CAMA Permit 84-05 — March 2021 100 Spencer-Farlow Drive Carolina Beach, New Hanover County, North Carolina RECEIVED iAR 01 ?fl21 DCM WILI1 !NGTC:r DWR Pre -Filing Meeting Request Form Contact Name * Contact Email Address* Project Owner* Project Name* Project County* andy dortch adortch a[ Imgroup.net Waterfronte Villas HOA Inc 100 Spencer-Farlow Drive, Waterfronte Villas New Hanover Owner Address:* street Address 1630 Military Cutoff Road, 108 Address Line 2 aty State/ Province! Region wilnungton nc Festal / Zip Cade Country 28403 united states Is this a transportation project?* r Yes No Type(s) of approval sought from the DWR: r 40i Water Quality Certification - r 401 Water Quality Certification - Regular Express r Individual Permit PT Modification l;% Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Do you know the name of the staff member you would like to request a meeting with? no Please give a brief project description below.* RECEIVED MAR 01 2021 DCM WILMINGTON, N+C The project is located on the Atlantic Intracoastal Waterway at 100 Spencer Farlow Drive in Carolina Beach, New Hanover County. The overall property operates as Waterfronte Villas condominium complex and marina facility. Permitting history for the property is extensive. The most recent permits issued are Emergency GP #76166 (11/13/2020) for repairs to existing docking facilities damaged by Hurricane Isaias, and Major Renewal / Maintenance #84-05 (2/27/2020) for maintenance dredging within the existing permitted dredging boundary. Alternate permits that have been issued include minor modification #84-05 (12/21/2016), minor modification #84-05 (10129/2015), minor modification #84-05 (6/9/2006), new express #84-05 (7/8/2005), renewal / transfer #168-96 (7/7/2009), and renewal / transfer #168-96 (9/4/2001). See Appendix B for details. Waters in the project area are classified as SB and are not open to shellfishing. There are no SAV or shellfish resources present. The applicant proposes major modification to Permit 84-05 for replacement of -265 of the existing degraded bulkhead 2' waterward of the existing location, after witch the vacant area will be backfilled with sand. Replacement of the already compromised portions of bulkhead 2' waterward rather than in the original footprint will minimize sediment discharge and potentially dangerous earth slides of the already jeopardized soil stability. Note that the applicant is proposing the replacement of portions of the bulkhead rather than the entire bulkhead in an effort to minimize impacts to coastal wetlands. Approximately 132 square feet of coastal wetlands will be impacted. The proposed construction method of backfill intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately 1' wide and will be constructed of naval style vinyl sheet pile with a wooden cap. The proposed bulkhead will tie to adjacent bulkheads. An 8' wooden walkway will be installed in the original footprint when bulkhead construction concludes. There is no additional upland work proposed on the property. See Appendix A for details. It should be noted that flake Cannard with Carolina Marine Contractors will be applying for a General Permit for immediate bulkhead replacement outside Coastal Wetland boundaries between approximate stations 35 - 180 on the southern portion of the property (-61 feet away from the southern property boundary and spanning -116 feet north). Please give a couple of dates you are available for a meeting. 2/2/2021 2/9/2021 Please attach the documentation you would like to have the meeting about. DWR Request Binder.pdf 3.52MB pcif oY RECEIVED MAR 01 25n1 DCM WILMINGTON, NC By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule_ • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * OieoreFkOotreii Submittal Date 1/28/2021 RECEIVED 0 1 Z0Z1 QCM WILMINGT©N, NC ROY COOPED Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality March 29, 2021 Waterfronte Villas Owners Association, Inc. C/o Andy Dortch 3505 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: The Division of Coastal Management hereby acknowledges receipt of your application, on behalf of Waterfronte Villas Owners Association, Inc. for State approval for development at property located at 100 Spencer Farlow Drive, Carolina Beach, in New Hanover County. It was received complete on March 23, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 6, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from March 23, 2021, 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 clays 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_ ara District Manager cc: Curt Weychert, DCM Robb Mairs, DWR USACE Miles Murphy, LPO Applicant, Tim Holloway LD_EQrr_ rArqotma ` i oa�.a aa�...�+m.w,\V� North Carolina Department of Environmental Quality i Division of Coastal Management Wilmington Office i 127 Cardinal Drive Extension l Wilmington, North Carolina 28405 910.796.7215 rw•N PON 1 41110 WIN 411 VP' r1129. 2021 1 0 0 CD 0 _ 11 CD o ICBM O co �� 0 J L U < f- zu- 0u Up J� QH CC wW UJ cc O APPLICANT: NORTH CAROLINA Environmental Claalft3• April 1, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director, Division of Coastal Management Re: Major Public Notice for: • Waterfronte Villas Owners Association, Inc. • Jerry Spivey Hello Angie: Please publish the attached Notice in the Thursday, April 8, 2021 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. erely, yaK .-tila Permittin_ upport & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE State of North Carolina j Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9i9 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 applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 29, 2021, Waterfronte Villas Owners Association, Inc. proposed a Major Modification of State Permit No. 84-05 to construct a new vinyl bulkhead & continue maintenance on the existing marina docking facility at 100 Spencer-Farlow Dr., adjacent to the Carolina Beach Yacht Basin in Carolina Beach, New Hanover County; and on March 30, 2021, Jerry Spivey proposed to expand an existing docking facility to a total of six (6) boat slips at 820 Santa Maria Ave., adjacent to Pages Creek in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (Waterfronte Villas Owners Association, Inc.) or Katharine Elks (Spivey) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 (Tara MacPherson) or (910) 796-7424 (Katharine Elks) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 29, 2021 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. Name of Property Owner Requesting Permit: Waterfronts Villas HOA inc Mailing Address: 1630 Military Cutoff Rd, 108 Phone Number: Email Address: Wilmington NC 28403 919-972-1082 thsr1949@gmail.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: for bulkhead replacement Modification to permit 84-05 at my property located at 100 Spencer Farlow Drive in New Hanover County. 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: 1 s 140i(oWAY Print or Type Name fltReikead choitr, its certification is valid through 1 31 2022 RECEIVED MAR 0: 2r ` DCM 1i 4!iL!'. NGTON. NC LMG LAND MANAGEMENT GROUP a DAVEY*. company March 1, 2021 WARREN GLENN LINDA 1614ISLAND MARINA DR CAROLINA BEACH, NC 28428 To Whom It May Concern: Waterfronte Villas Owners Association, Inc. is applying for a Modification to CAMA Major Permit 84-05 for development activity on their property located at 100 Spencer Farlow Drive, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 It is understood that you may have already signed a riparian waiver / notification form. If this is the case, please disregard this duplicate notification - DCM requires that a notification attempt also be performed by the US Postal Service via certified mailing. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e- mail me at adortch©Imgrouo.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED MAR 0 x 2021 DCM WILMINGTON, NC LMG LAND MANAGEMENT GROUP a DAVEYI company March 1, 2021 HARBOUR PT YACHT CLB MEM ASSOC 1630 MILITARY CUTOFF ROAD SUITE 108 WILMINGTON, NC 28403 To Whom It May Concern: Waterfronte Villas Owners Association, Inc. is applying for a Modification to CAMA Major Permit 84-05 for development activity on their property located at 100 Spencer Farlow Drive, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 It is understood that you may have already signed a riparian waiver / notification form. If this is the case, please disregard this duplicate notification - DCM requires that a notification attempt also be performed by the US Postal Service via certified mailing. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e- mail me at adortch@Imgroup.net Sincerely, A V4 Andy Dortch, Agent Land Management Group Enclosures www.lmgroup.net . Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED MAR 0 2021 DCM WILMINGTON, NC CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Waterfronte Villas HOA Inc. Address of Property: 100 Spencer Farlow Drive, Carolina Beach, New Hanover County, NC (Lot or Street #, Street or Road, City & County) Andy Dortch 3805 Wrightsville Ave Ste 15 Agent's Name #: Mailing Address: g Agent's phone #: 910-452-0001 Wilmington NC 28403 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. .:appa or Warren Initials 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 information for DCM offices is available at httpJAvww.nccoastalmanagement net/web/cm/staff-listinq 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 1 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) (Riparian Property Owner Information) Signature Waterfront Villas Signature Tim Holloway HOA Inc. Print or Type Name Print or Type Name 100 Spencer Fallow Drive Mailing Address Carolina Beach, NC 28428 City/State/Zip 919-972-1082 Telephone Number / Email Address Cappa or Warren RECEIVED Mailing Address City/State/Zip MAR 01 2021 DCM WILMINGTON, NC Telephone Number / Email Address D Date (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Waterfronte Villas HOA Inc. Address of Property: 100 Spencer Farlow Drive, Carolina Beach, New Hanover County, NC (Lot or Street #, Street or Road, City & County) Andy Dortch Agents Name #: Mailing Address: 3805 Wrightsville Ave Ste 15 Agent's phone #: 910-452-0001 Wilmington NC 28403 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. iarbour Yacht Club Initials 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 information for DCM offices is available at http://www.nccoastalmanagement.net/web/cm/staff-fistinq 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, 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) (Riparian Property Owner Information) Signature Tim Holloway Waterfront Villas HOA Inc. Signature Print or Type Name Print or Type Name 100 Spencer Farlow Drive Mailing Address Carolina Beach, NC 28428 City/State/Zip 919-972-1082 Telephone Number / Email Address Harbour Yacht CIb Mem Assoc 1630 Military Cuttoff Road STE 108 RECENEO Mailing Address Wilmington, NC 28403 City/State/Zip DCM WILMINGTON, NC Telephone Number / Email Address Dare Date (Revised Aug. 2014) SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. al Print your name and address on the reverse so that we can return the card to you. 2 Attach this card to the back of the mallpiece, or on the front If space permits. 1. Aricle Addressed tn; \()\ (' t4,t-k r1e% !J C CPsol\no, z),-. 5S6110-6 11111111111 1E1111111 1111111111111111111E 9590 9402 5776 0003 9739 28 2. Article Number (Transfer from service label) 7018 1130 0001 7930 6656 PS Form 3811,July 2015 PSN 75s0-02-000-gosa D. Is delivery address different from item 1? if YES, enter delivery address below: CI No I livery 3. Service 'Yoe ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Malie ❑ Cerdfled mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Oetivory ❑ insured Mail 0 Insured Mail Restricted Delivery over$5001 ❑ Priority Mal Expresso ❑ Registered Mello" ❑ Registered Mall Restricted Delivery 0 Return Receipt Morrbendlsu El Signature ContlmtatlonTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt 704 1836 PS Fr+.,., SENDER: COMPLETE THIS SECTION a Complete Items 1, 2, and 8. r 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 maifplece, Or on the front if Space IrrTTits. 1, Article Add tressed to: ILO') Uvr 1,1A,A- ())‘5Ounco„, 11i I11#I111ii 1t11111111111111111111111 I1111111 959p 94[)2 77f 0003 9739 1 2_ ArBciB Numher lTr nsfer 2, cw+rrr•n � $320, 7005 2570 0000 5 COMPLETE THIS SECTION ON DELIVERY A. Sign Ce X B. Receiv COMPLETE THIS SECTION ON DELIVERY A. Sigreturrr) X met ( B. Received ,tr��" Name) Elki-ont D Addressee C. Dat of !v Y, ©Agent by (Printed IV©Addressee C. D; e f Delivery D is delivery address differa't from!~ 3 i item 1? CI Ye If YES, enter delivery address s below: p Noo a Service Type o Adult Signature 0 Adult Signature Restricted Delivery C❑7 Certified MeV 0 Coifed on Deltified ieerRestricted Delivery o Collect on DellveryReeirloted t?eilvory ❑ Insured Mall ❑ fad . Mail Restricted tre;ivery 11, July 2015 PSN 7630.O2-000-91153 ') sot Gli Priority MtrEaExpreue ❑ ileglstenud Who. r1 Registered Mali Restricted unwary O Return Receipt for merchandise ❑ Sig:larure Confirntadonr"r ❑ Signature Confirmation Res rleleo Delivery Domestic Return Receipt , s RECEIVED MAR 08n21 DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Waterfronts Villas HOA Inc. Address of Property: Agents Name #: 100 Spencer Farlow Drive, Carolina Beach, New Hanover County, NC (Lot or Street #. Street or Road, City & County) Andy Dortch Agent's phone #: 910 452-p0O1 Mailing Address: 3$05 Wrightsville Ave Ste 15 Wilmington NC 28403 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to mo as shown on the attached drawing the development they are proposing. A description or drawing. with dimensions, must be provided with this letter. Capps or Wafren Initials 1 have no objections to this proposal. 1 have objections to this proposal. if you have objections to what is being proposed. you mustnotify the Division of Coastal Management WDCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at Oita:;/www.nccoastarrnanagement net/web/crnfstaff•tistinq or by calling 1-8884RCOAST. No response is considered the same as no objection if you have been notified by Certified Matt. WAIVER SECTION 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 youyvrish 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. (Pro.e Owner Sign > rt e Tim Holloway HOA Inc Print or Type Name 100 Spencer Farlow Drive Alas Marling Address Carolina Beach, NC 28428 City/State/Zip 919-972-1082 -telephone Number /Eme I Address i ti (RI a Property Owner Information) Z'T Signature Cappa or Warren Print or Type Name o 0 4i1/4-Ir..i 1 eD . Mading Address City/State/Zip 90 5L1/7 54r- Telephone Number/ Email Address Dare r}.y' 7.11 3/0 / (Revised Avg 2014) MAR 082.q21 DCM WILM`NGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Qwner:Waterfronte Villas HOA Inc. 100 Spencer Farlow Drive, Carolina Beach, New Hanover County, NC Address of Property: (Lot or Street #, Street or Road, City & County) Andy Dortch Agent's Name #: Agent's phone #: 910-452 0041 Mailing Address: 3805 Wrightsville Ave Ste 15 Wilmington NG 28403 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. Harbo r Ya -Mitt initials -- Ihavend'object ons to t135Rproposal: I have objections to this proposal. !f 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 offices is available at htip:/fwww.nccoastaimanagementnef/web/cm/staff-listing or by calling 1-888-4RCDAST_ No response is considered the same as no objection if you have been notified by Certified Mali. 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.) F� 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Prop arty Owner Info 3tl Signature�" \., Waterfrork ViI1 Tim Holloway HOA Inc. Print or Type Narne 100 Spencer Fallow Drive Mailing Address Carolina Beach, NC 28428 City/State/Zip 919-972-1082 Telephone Number/ Em (Riparian Pr erty Owner Information) ignatur-e Harbour Yacht Clb Mem Assoc Print or Type Name 1630 Military Cuttoff Road STE 108 Mailing Address Wilmington, NC 28403CI City/State/Zip U 910-50.1f c5,14k Telephone Number/Email Address 3--fo I Date (NM (Revised Aug. 20 1 4) DCM WILMINGTON, NC Permit Class RENEWAL/TRANSi4ER ED) Issued to STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermtt for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-1 I8 ' I4M/l Permit Number .168-96 ECENE 24 2 1999 Excavation and/or filling pursuant to NCGS 113-229 Waterfronte Villas & Yacht Club, c/o Ellsworth-Sloane,LLC, Box 443, Greenville, N. C. 27835 authorizing development in New Hanover County at Cut Myrtle Grove Sound, irrimed. south of Snows 8/7/96 including attached work plan drawings for marina and upland construction, 8 sheets dated received 8/9/96 & `Dredge Plan" dated received 8/29/96. This permit, issued on 77777 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null artd void. , as requested in the pennittee's application dated 1) This permit amendment authorizes, in addition to the upland residential development, the marina development for which review under the N. C. Environmental Policy Act concluded on January 13, 1997. Marina Basin Excavation 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with. the Division of Marine Fisheries_ (See attached sheets for Additional Conditions) This permitaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation .or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunderrequires further Departmental approval. All work must cease when the unit expires on December 31, 2o(E1 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina a Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Aion Do of a.�, anagement nt This permit and its conditions are heriVtg9c4p& 1 DCM WILMINGTON, NC Signature of Pemiittee fig.. ...r..am, J.._ Snows Cut Marina Townhouses ADDITIONAL CONDITIONS Permit #168-96 Page 2 of 4 3) Excavation shall not be conducted any closer than 10' from the waterward edge of the coastal marsh. 4) Excavation will not exceed 6 feet below the mean low water (MLW) elevation_ 5) No marsh grass will be excavated and/or filled. 6) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands it not authorized_ 7) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters_ 8) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean low water level to prevent gully erosion and unnecessary siltation. 9) The terminal end of the pipeline will be positioned at or greater than fifty feet (50') from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 10) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards_ 11) The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 12) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the water body is 25 NTUs or less are not considered significant NOTE: The Division of Water Quality approved the excavation aspect of the project on October 29, 1996 under General Water Quality Certification No. 3025. Dock Construction and Marina Operation RECEIVED 13) Prior to construction of new docks, an Easement must be approved by the State Prop QI c Dept. Of Administration (telephone: 919/733-4346)_ U 1 Z3121 DCM WILMINGTON, 1'4 ono Snow E s Cut Marina Townhouses IVE ! 1 e i(( it #168-96 J• e, 12 �� a` 3 of 4 ADDITIONAL CONDIT`IQNs '., . ' -- — 14) All structures must be built a minimum of eighty (80) feet from the near edge of the Atlantic Intracoastal Waterway (AJWW). I5) Prior to occupancy of any new slips authorized by this pen -nit, the perrnittee will install and maintain for the life of the project, a pump -out facility to service boats with holding tanks. 16) The marina will display a sign showing the location of the onsite pumpout facility. including 17) No sewage, whether treated or untreated, shall be discharged at any time from boats using the other appropriate waste disposal information, at the entrance and exit from the main pier. marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 18) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the pertnit application. No other structures, modification. No non -water dependent uses of structures may be conducted on, in, or over whether floating or stationary, may become a permanent part of this marina without permit public trust waters without permit modification. 19) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 20) It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this perm the integrity of the permitted structure and the safety of moored boats. The permittee will not does not relieve the permittee from taking all proper steps to ensure hold the United States liable for any such damage. 21) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit The pennittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. Upland Development and General 22) The boardwalk connecting the northern docking system to the existing pier to the split-GE.E , ,#•, situated over open water. MAR 01 2021 DCM WILMINGTON, NCI fez..o....z..-;:wcw,i;:-.0wm,..e.ect,..-;,..o..-ox-o..v,---z---e....;:,.....z.xvwcb.-cNioz,,q.,soorcs-,..-e„,,,„(s,cs...e.,,,e,...t,...a,:z....,:...z......-o.,K,..., Snows Cut Marina Townhouses Permit #168-96 Page 4 of 4 ADDITIONAL CONDITIONS 23) The Division of Water Quality authorized upland development on October 1, 1996 under permit will be considered a violation of this CAMA permit. Stormwater Management Permit No. SW8960805. Any violation of the stormwater management 24) All bulkhead construction or repair will take place landward of wetlands. 25) The residential project will be carried out in keeping with all local state building codes and regulations. 26) If the peiiiiittee discovers any previously unknown historic or archaeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer, who will initiate the required State/Federal coordination. NOTE: This plan must be filed at least thirty (30) days prior to the beginning of any land -disturbing activity_ Submit this plan to the Dept_ of Environment and An Erosion and Sedimentation Control Plan will be required for this project_ Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405_ ECEIVE ,,„9 _,,,. .... ,„w , /S i 4 4 / I RECEIVED MAR 0 1 2021 DCM WILMINGTON, NC Permit Class RENEWAL STATE OF NORTH CAROL Department of Environment and Natural and Coastal Resources Commission for Permit Number 168-96 I1ItC ELVE SEP I 12001 OF COASTAL DIVISION MANAGEMENT X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronte Villas & Yacht Club, c/o Ellsworth -Sloane, LLC , Box 443. Greenville, NC 27835 Authorizing development in New Hanover County at Myrtle Grove Sound, immed. south of Snows Cut , as requested in the permittee's application dated letter dated 8/31/01. This permit, issued on September 4, 2061 . is subject to compliance with the application (where consistent with the permit), alI applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal must be attached to the original of Permit #I68-96, which was transferred to the current permittee on 5/18/99, as well as the amendment of 7/7/99, and all documents must be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the race may be_ This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2003 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program_ Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Do f'b_ Moffitt, Director Division of Coastal Management RECEIVED This permit and its conditions are hereby accepted. MAR 01 2021 DCM WILMINGTON, NC Signature of Perrnittee Permit Class NEW (Express Permit Program) STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission er in 1 t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Permit Number 84-05 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronte Development, LLC c/o Stewart Pitman PO Box 284, Wrightsville Beach, NC 28480. Authorizing development in New Hanover County at adj. to the AIWW and Carolina Beach Yacht Basin, at Spencer- Farlow Dr.. in Carolina Beach, NC as requested in the perrnittee's application dated 11/30/04 (MP-11 4/15/05 (MP-2 & MP-4) & 4/28/05 (MP-6), including the attached workplan drawings (4) dtd_ 4/26/05 & the COE app. wetlands del. map dtd. 3/02/05 This permit, issued on July 8, 2005 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. EXCAVATION 1) In order to protect juvenile fish and shrimp populations, no excavation or filling shall take place between April 1 and September 30 of any year, without prior approval from the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) No vegetated wetlands shall be excavated and/or filled, even temporarily. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands, is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2Q08 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program.. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commnission. Charles S, Jones, Director Division of Coastal Management This permit and its conditions are tilEtygiNigfra MAR 0 I ZOZi DCM V €g' -150 ihdetee Waterfronte Development, LLC ADDITIONAL CONDITIONS Permit #84-05 Page 2 of 5 4) All excavated materials shall be confined landward of the Normal High Water (NHW) elevation contour within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. 5) This permit only authorizes the excavation activities indicated on the attached workplan drawings. 6) Excavation shall not exceed —6 feet below the elevation of Normal Low Water (NLW). 7) Excavation shall not be conducted any closer than 10 feet from the waterward edge of the coastal marsh. 8) The terminal end of the pipeline from the dredge area into the diked retention area shall be positioned at or greater than 50 feet from any part of the dike, and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. 9) A water control structure shall be installed at the intake end of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. 10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the Mean Low Water (MLW) level to prevent gully erosion and unnecessary siltation. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the peimittee shall not be entitled to compensation for damage to the authorized structure or work, or injury, which may be caused from existing or future operations undertaken by the United States in the public interest 12) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at, or adjacent to, the authorized work. Use of the permitted activity shall not interfere with the publics right to free navigation on all navigable waters of the United States. 13) No excavated or fill material shall be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 14) The activities shall be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction related discharge. Increases in turbidity of 25 NTU's or less are not considered significant. Marina. Docking Facility 15) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of these docking facilities without permit modification. No non -water dependent uses of structures may be conducted on/in, orRpcsNibrust waters without permit modification. MAR 0 1 2021 DCM WILMINGTON, NC Waterfronte Development, LLC Permit#84-05 Page 3 of 5 ADDITIONAL CONDITIONS 16) Prior to construction, the permittee shall submit a revised workplan drawing showing the relocation of C-Dock, indicating that the proposed docks/finger piers have a minimum setback of 10 feet from the waterward edge of the coastal marsh. 17) The permittee shall maintain the authorized work in good condition and in confoiznance with the teens and conditions of this permit. The permittee is not relieved of this requirement if he abandons the peiwitted activity without having it transferred to a third party. 18) The permittee shall install and rnaintairz at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 19) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the authorized facility, either now or in the future, will require that the permittee undertake remedial actions to remedy the situation. Such actions include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 20) It is possible that the authorized structures may be damaged by wave wash from passing vessels. The issuance of this peiunit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The pennittee shall not hold the State of North Carolina nor the United States liable for any such damage. 21) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of north Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. 22) The docks and associated structures shall have a minimum setback distance of 15 feet between any part(s) of the structure and the adjacent property owner's riparian access corridor. 23) All structures shall be located a minimum of 80 feet from the near bottom edge of the federally maintained channel. An as --built survey shall be performed on the marina docks upon completion of the project and sent to the U.S. Army Corps of Engineers, Wilmington Regulatory Field Office and the Division of Coastal Management. 24) This permit authorizes a maximum of 169 boat slips. Any proposal to add one or more additional boat slips to the existing facility would require a permit modification from. the DWAlVEQ oastal Management. MAR 01 2021 DCA/I WILMINGTON, NC Waterfronte Development, LLC ADDITIONAL CONDITIONS Permit#84-05 Page 4 of 5 Sedimentation and Erosion Control 25) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or beaus, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. 26) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. NOTE: An Erosion and Sedimentation Control Plan will be required for this project_ This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. General 27) The permittee is advised that if discharges or fill material from waters closed to the harvest of shellfish are placed in areas adjacent to waters that are open to the harvest of shellfish, a minimum of 24 hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest of shellfish may be put in place. Contact Shellfish Sanitation at (252) 726-7021 for further information_ 28) In accordance with the U.S. Army Corp of Engineers, the permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit, 29) In accordance with the U.S. Army Corp of Engineers, the permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with, the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 30) Prior to the construction of new docks/finger piers, the applicant shall contact the State Property Office, Department of Administration at (919) 733-4336 and obtain any easements required. Endangered Species 31) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the waters of New Hanover County . In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "PredirteroiEROD General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be followed. MAR 01 Z021 NOTE: This permit does not eliminate the need to obtain any additional state, b1 mai1igtiotTfOxiiV approvals or authorizations that may be required. Waterfronts Development, LLC Permit#84-05 Page 5 of 5 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 050127), which was issued on. 5/3/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500752. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: All mechanized equipment should be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. NOTE: In accordance with the U.S. Army Corp of Engineers, if the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he shall immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. RECEIVED MAR 0 12021 DCM WILMINGTON, NC This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered • hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2011 In issuing .this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Permit Class MOD/FICA TION/1VMA JOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermtt for X Major Development in an Area of Environmental Concerti pursuant to NCGS 113A-118 • Excavation and/or filling pursuant to NCGS 113-229 Issued to Wattei'fronte Develo men LLC c% Stewart Pitman PO Box 284 Wri htsville Beach NC 28480 Authorizing development in . New Hanover County at ad' to the AIVWV &Carolina Beach Yacht each, NC, as requested in the permittee's application, 1/26/06 MP-4 &-10/4/05 P-6 includint the attached work Ian drawin s s 2 both dated .1 1/30/05 This permit, issuedtt o- the permit)licable re , is subject to compliance with the application (where consistent withapP regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. D acilit Permit Number 84-05 RECEIVED DCM WILMINGTON. N J U N 1 3 2006 In accordance with commitments made by the permittee, this mit only author 122A, 165, 158B, 153 and 154, all as depicted on the attached wper rkplan drawings izes new slips 168, No sewage, whether -treated or untreated, shall be discharged at any time from any boats using the docking facility_ Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the -authorized work (See attached sheet for additional conditions) Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Peveis- v Charle S. Jones, Director Division of Coasts . gement REGEI� This permit and its conditions are hereby accepted. OR 01 ZU1 DCM N11tLMtNGTOtd, NC 1 Signature of Permittee Waterfronte Development, LLC ADDITIONAL CONDITIONS Permit 484-05 Page 2 of 2 4) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 5) This permit does not authorize any excavation or filling of coastal wetlands or open water areas, including kicking with boat propellers. 6) This major modification shall be attached to the original of Permit No. 84-05, which was issued on 3/7/88, as -well as all subsequent modifications, refinements, renewals and the Settlement Agreement dated 3/20/00, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 7) All conditions and stipulations of the active permit remain in force under this major modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division- at-(910) 796-7215-prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30. feet of the normal high water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051596. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500752. RECEIVED DCM WILMINGTON NC JUN 1 3 2006 RECEIVED MAR 01 ZOZ1 DCM WILMINGTON, NC This permit action may be appealed by the permittee or other qualified parspns within twoury (20) days or the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2919 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission errant for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-I 18 Permit Number 84-05 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronte Villas and Yacht Club Owners' Association, 100 Spencer Farlow Dr., Carolina Beach, NC 28428 Authorizing development in. New Hanover - County adi. to the AIWW & Carolina Beach Yacht Basin, Spencer Farlow Dr_. Carolina Beach NC, as requested in the permittee's letter dated 8/19/15, including the attached workplan drawing (1). dated 8/17/15. This permit, issued on October 29, 201 i , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1 Unless specifically altered herein, this Minor Modification authorizes the division of a 110' boat slip (B-106) into two 55' boat slips (B-106 North and B-106 South), as well as the placement of scissor lifts in slips A-169, B-120, D-36, E-152, floating boat lifts in Slips B-119, C-77, D-41, and a jet dock in slip E-6, all as expressly and specifically set forth in the attached work plan drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This Minor Modification shall be attached to Permit No. 84-05, which was transferred to the permittee on 10/15/15, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. (See attached sheet for Additional Conditions) Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission_ c?„ Braxto r ='` . Davis, Director Division of Coastal Management RECEIVED This permit and its conditions are hereby accepted_ MAR 01 2021 DCM ILMMINC;TON. NC Signature of Permittee Waterfronte Villas & Yacht Club Owners' Association Permit #84-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits approvals or authorizations that may be required. ' NOTE: A minor modification application processing fee of $100 was received by DCM for this project. RECEIVED MAR 0i NV DCM WILMMNGTON, NC Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission hermit Permit Number 84-05 for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Waterfronts Villas and Yacht Club Owners' Association,100 Spenser Farlow Dr., Carolina Beach, NC 28428 Authorizing development in New Hanover County adj. to the AIWW & Carolina Beach Yacht Basin, Spencer Farlow Dr.. Carolina Beach NC, as requested in the permittee's letter dated 10/18/16. including the attached workplan drawing (1), dated 10/18/16. This permit, issued on December 21, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes the installation of a "Tidewater Launch Pad" boatlift in slip B-117, all as expressly and specifically set forth in the attached work plan drawing. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This Minor Modification shall be attached to Permit No. 84-05, which was transferred to the permittee on 10/15/15, and to the Minor Modification issued on 10/29/15, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission_ DBraxton C. Davis, Director ivision of CREnIENigmement This permit and its conditions are hereby mete . 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. DCM WILMINGTON, NC Signature of Permittee Waterfronte Villas & yacht Club Owners' Association Permit #84-05 Page 2 of 2 ADDITIONAL CONDITIONS 3) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: A minor modification application processing fee of S 100 was received by DCM for this project. RECEIVED MAR 01 2021 DCM WILMINGTON, NC Permit Class RENEWAL/ MAINTENANCE-5 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission jcrmtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 84-05 Issued to Waterfronts Villas and Yacht Club Owner's Association, 100 Spencer Farlow Dr., Carolina Beach, NC 28428 Authorizing development in New Hanover County at adj. to the AIWW 8c. Carolina Beach Yacht Basin, Spencer Farlow Er., Carolina Beach, NC , as requested in the perrnittee's application dated letter dated 1/20/20 This permit, issued on February 27, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This Renewal shall be attached to the original of Permit No. 84-05, which was transferred to the permittee on.10/15/15, as well as all subsequent renewals, refinements and modifications, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this Renewal. (See attached sheet for additional conditions.) This permit action may be appealed by the perrnittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby acceep`tecl. MAR 01 2021 DCM WILMINGTON, NC Signature of Perinittee Waterfronte Villas and Yacht Club Owner's Association Permit No. 84-05 Paget oft ADDITIONAL CONDITIONS Maintenance Clause 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any rna'ntenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No, 051596. NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW- 2005-9988966, 2005-00752. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. RECEIVED MAR 01 2021 DCM WILMINGTON, NC ,C�,K .M':77'n4m::tl::s9:b:":2:ss:s36 fit sp. Strfastsvot :SE;17014:1; R.Tr4:140 Ci.E4147f AWARD 7fE moo n. 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Mal 34.4-6002 LM.MTON, NC 11; 11 MI I lit, NORTH CAROLINA Environmental Oualih' April 1, 2021 MEMORANDUM: FROM: ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director, Division of Coastal Management 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@NCDEN R.gov SUBJECT: CAMA /Dredge & Fill Applicant: Waterfronte Villas Owners Association, Inc. Project Location: 100 Spencer-Farlow Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New Hanover County. Proposed Project: The applicant is requesting a Major Modification to State Permit No. 84-05 to construct a vinyl bulkhead 2' waterward of the existing wall within Estuarine and Public Trust Waters and the Coastal Wetland AEC. The request also includes continued maintenance on the existing marina docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by April 29, 2021. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE ale of North Carolina Environmental Quality Coastal Management • 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Prepared by: J.C. Hearne, 11 P.O. Box 179 Wilmington, NC 28402 ,.)vlail after recording to: Calder & Calder Excise Tax: 11IIIIII11 2010037733 Y VV FOR REGISTRATION REGISTER OF DEEDS. NJENNIFEVER CQUNflISNC 2010 QEC 30 01;17; 6B PM BK:5537 PG:42-45 FEE;$25.00 NC REV STAMP;$372.00 INS7 J1B7 # 2010131733 Preparer of this document has made no title examination and makes no representations or certifications as to any matters affecting title S372.00 Parcel identifier No.: R08806-005-001-002 This property does not include the primary residence of at least one of the Grantors. (per NC GS § 105-317.2) Waterfronte Villas Clubhouse Condominium, Unit B NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this 3o day of December, 2010, by and between GRANTOR PITTMAN-ELLSWORTH CONSTRUCTION, LLC, a North Carolina Iimited liability company Mailing Address PO Box 623 Wrightsville Beach, NC 28480 GRANTEE WATERFRONTE VILLAS OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation Mailing address 100-B Spencer Farlow Drive Carolina Beach, NC 28428 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 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 or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: See attached Exhibit "A" which is incorporated herein by reference The property hereinabove described was acquired by Grantor by instrument recorded in Book 5358 at Page 854. 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 except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2010 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer by authority of its Board of Directors, the day and year first above written. PITTMAN-ELLSWORTH CONSRUCTION, LLC (Seal) By: rancis S. Pittman, Member/Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Francis S. Pittman, personally appeared before me this day and acknowledged that he is a Member/Manager of Pittman_ Ellsworth Construction, LLC, a North Carolina limited liability company and that by authority duly given and as the act of the limited liability company, the foregoing instrument was signed in its name by its Member/Manager. Witness my hand and official stamp or seal, this 30 day of December, 2010. My commission expires: p2. a 2-0I No Public ,`! ties4A1±44., O F'l `�7,d �,r�� NOTARY r. PUBLIC r s RECEIVED MAR 01 Z021 DCM WILMINGTON, NC Exhibit "A" A UNIT OWNERSHIP in real property pursuant to Chapter 47-C of the General Statutes of North Carolina in and to Unit B, of Waterfronte Villas Clubhouse Condominium, as the same is shown on a plat or plats thereof recorded in Condominium Plat Book 13 at Page 348, of the New Hanover County Registry. TOGETHER WITH an undivided interest in the common Areas and facilities as described in the Declaration of Waterfronte Villas Clubhouse Condominium recorded in Book 4480 at Page 434 of the aforesaid Registry and any amendments thereto. RECEIVED MAR 0I 2021 .DCM WILMINGTON, NC JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WiLMINGTON, NC 28401 ***********************************-***************:t************i4*iY,r**************************************,Nettie********* Filed For Registration: 1213012010 01:17:00 PM Book: RE 5537 Page: 4245 Document No.: 2010037733 4 PGS $25.00 NC REAL ESTATE EXCISE TAX: $372.00 Recorder: CARTER, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2010037733* RECEIVED MAR 01 2021 DCM WILMINGTON, NC 2010037733 X X X X X r X r X X 1 1 X X X X X X s- a X X X X 8 X X X X X X X X X X X X X C X X X X X X X X X X X X X X - - � X X X X X ----------------- ----------------------------- - X X W ct CD CD CC 0+1 w a 0.1 W 1-6 fY n v Z ? ❑ C _ 7s i us z2 u 1- °� t E Ol O .. 0. U 3 0 O q U Z _.I z vm a z } 0 0 w JO O W us o ww wZ I______CC CK a DW aW w ( ❑ Z co w z CC 1 ¢< 0 XZ O < w MWIjN O 00 LiNi e W D LO IX od OW O W 0 C3QQ jz I— .ZIZj = Z < CI ll.l J cK w�gc�wav E ¢ 0O m ¢ 2 i zwZo O0¢oo� Z O 01 J U z w W Et cZ Z W J Z {/} °i-wO2Oi- >WoSa=O=u,UZ6ugw� — n ���W°0 ��e° rCO a ¢MIGwFraw 1 F (7C Z I— g m 1^ 00}¢ ¢WQ f/j Z Z J> CC N 7 W • Ni CM d' 0 co co V a co C] Existing Water Depths v 0 OD 0 0) Lri tin a v 0 0) n 0 D a 0 0 0 4 4 1 1 4 4 4 1 4 4 4 1 4 4 4 4 1 4 r 1 4 1 4 4 1. ,- - 1 4 4 1 y 1 1 4 4 4 4 41 1 1 4 4 4 1 1 4 4- 4 4 4 4 I. 4 4 4 - 4 A,. is 2 h0 0�{� V• w 7 0 X a 0 .cs a 0 0 0 4) m O 0) to m ❑ 0 0 CeD Z 1- 0) x o ,n z w 0 g Z0- CO z= wF q�gt? inU W J ❑ Q o -^ - u) • Q~vOZ w O U ZcgZ W oY❑ z0Q0,tOw Ci aQa°�om 51 LU )u- 505 0 LijCO >wWo0O f1=O°OmOtn Q �~ a-ti1I-0 1-Irz�o�nz O 0 W o Q K 0 (0ZZ jcN W0 w O�NM V 6n6 Z Co w (.7 IA.. 0) 0) 2 w a Cn iY Li/ cc z cc • u- s") ❑ W US Z 0_ ui z, FL-w ▪ z • J cc a� r Q • w w O Z (� w 5 cc z� w� 6O OZ (7 Q W w 0 I z co w 0) .0 U) E 0 L P_ fa N a) -13 Od a) 0 Q. 0 a Q Lc) N 0 CD J U X 0_ IIIII III IIIIIIIIIIIHHIH�HIIII in L c -- O mo;I: 0) W ^L W 0 0 0 O 00 CD t N O N d• CD 00 1 1 1 1 J Z App O 00 {D N O N Cfl 00 M Proposed Bulkhead (2' waterward from existing 0 4] Existing Bulkhead (depth unknown) 0 Bulkhead Backfi z a w X OD 4- 0 0 w F- uJ w a a z a 5 w ti 0 N Q o6 N r z 2 w � 2 n ¢ w w O�r`O u_ J Nw0et 0 • 0 z Ct a01-W 000> rz o w = m w 1 7 z w 2QWo Ow 0 N zw(0'- w 0© 0 cr w c�a¢� o �Z E z ❑ w J - ❑ 2m¢ z z ❑ w u04�0 Q Z J 19 Z • o,o 0¢CYOz w O F J > 0- w c:E0I-L10 2 w • z O O w 7¢7 0 (n ,; Z J > w O T N M V (f z C 1Users\wd00091Desktop\100 Spencer Fallow Drive.dwg 0 Outer Edge of Marsh ■ MIN 0 O 0 J 0 0 o_ Q uuIJr1u1uwr1uuumi�uiuuuuw� Proposed Bulkhead l W cci ca Appx. Coastal Wetand Line ca Appx. Outer Edge of Marsh 0 co 0 L 0 0 W DCM WILMINGTON, O Co (0 N O N d- C? o0 W CD N O N d' CO 00 RECEIVED 0 ..c 0 0 75 03 Bulkhead Backfill Horizontal Scale cn 0 0 E ! 2 O 0 m a Z N J 0 co (0 CO I— w W i ' Z Q 5 W r 0 O co Q Z W0 1- Q Q ce Q W EE Q W Z a h fl 0 U � J 0) Q Q u3W OIY. Q V z ce CD 0• 0�1> r Z w • o r m w Z O Q 2 W w61. Z W • u' N csi 2 LLL 1 W F 1 cc 0 0 - ❑ W 0a_7 ❑ J ,acra Z Q Z Z 00 I-0 ri U W Z L.LJ Z 01-W00 O < CC U = S CCItnr J 7�• LI_ J ,-�Zw13- r� OOWQg 0) Z Z J r Di Di V vi Z C:Userthwd0c091Desktop5100 Spencer Fe now Dnve.dwg \I\ Major Permit Fee Schedule NVt'CV ���� tro Protect Name: i. Alir VA)* Development Type I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: II- Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: Ill. For development that involves the filling andlor excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: 111(A). Private, non-commercial development, if General Water Quality Certification No. 4175 can be applied: 111(8). Public or commercial development, if General Water Quality Certification No. 4175 can be applied: If General Water Quality i ication No 4175 could be applied, ut DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: If General Wat rty Certification No. 4475 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: Fee $250 $400 $250 $400 0 $400 $475 County: \\\P t_1Yv Check No & A riount: )br arn Sv401)---- DCM % (14300160143510009316256253) 100% ($250) 100% ($400) 100% ($250) 100°/a ($400) 60% ($240) 60% ($240) 60% ($285) DWC (2430016024351000952341) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 40% ($160) 40% ($160) 40% ($190)