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HomeMy WebLinkAbout20211116 Ver 1_CAMA Application_20210713DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hall Barnett, c/o Andy Dortch (Land Management Group) 2. LOCATION OF PROJECT SITE: 127 Beach Road South, Figure Eight Island, New Hanover County. Latitude: 34° 15' 18.79" N, Longitude: 77° 45' 30.99" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/21/2021 Was Applicant Present - No 5. PROCESSING PROCEDURE: Office - Wilminoton Application Received 6/21/2021 DWR WQC Pre -filing date: 6/10/2021 Application Complete 7/10/2021 Day 30 for WQC Pre -filing 7/10/2021 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - NA (F) Type of Structures: Existing -Private 3 slip docking facility with a floating dock and rip rap stabilized shoreline. Planned - A bulkhead, private 4 slip docking facility, 2 boatlifts, and platform with benches and fish cleaning station. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) -315 ft2 (inco p2 (incorporated) (C) Other - High Ground (D) Total Area Disturbed: 1,055 ft2 / 0,024 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead in front of the existing riprap and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. 127 Beach Road South, Barnett, Hall Page Two 9. PROJECT DESCRIPTION The project site is located at 127 Beach Road South on Figure Eight Island, adjacent to a man-made canal and Banks Channel, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.3 miles and the project site will be on the right. The property is located near the end of a man-made canal, adjacent to Banks Channel and Middle Sound on the southern end of Figure Eight Island. The 0.58 acre parcel has an existing single family residence and ranges in elevation from approximately 0-15' above normal high water (NHW). Upland vegetation on the property consists of ornamental landscaping and patches of high marsh / dune species located at the edge of the highground. The high marsh vegetation is not tidally connected and consists of sea oxeye (Borrichia frutescens) and salt meadow grass (Spartina patens). The approximately 110 linear feet of shoreline frontage is currently stabilized by rip rap that is approximately 5-7' wide with 2-3' of the rip rap below mean high water (MHW). The rip rap shoreline appears to be slumping causing a1-2' erosion scarp located landward of the rip rap. The adjacent properties have timber bulkheads. The applicant currently maintains an existing private docking facility that includes a platform that overhangs the rip rap shoreline that leads to an app 6' by 28' access pier. An access ramp extends from the pier onto an L- shaped floating dock. The float positioned perpendicular to the shoreline measures approximately 25' by 6' and the terminal float attached to the end extending northeast measures approximately 6' by 33'. General Permit 22428-D issued on 2/14/2000 authorized maintenance dredging and the replacement of the floating dock. No other permit history was found. Google Earth imagery indicates that the docking facility configuration has remained unchanged since at least 1993. The existing docking facility currently accommodates up to three (3) vessels. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a bulkhead in front of the existing riprap and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. The applicant proposes to install a bulkhead waterward of the existing rip rap, positioned an average of 2' below MHW and a maximum of 5' below MHW. The proposed bulkhead would align with the adjacent northern bulkhead and would be positioned approximately 8-10' waterward of the adjacent southern bulkhead. There are no areas of Coastal Wetland located waterward of the existing rip rap. The area behind the bulkhead would be backfilled with approximately 68 cubic yards of clean sand from an upland source to minimize further erosion. A 12' by 12' platform would span from the upland over the shoreline with a maximum of a 12' by 6' area waterward of MHW line. The platform would have bench seating, a fish cleaning station, and nearby access stairs down to the water. A 6' by 28' fixed pier would extend waterward from the platform to an access ramp that leads to a U-shaped floating dock. The floating dock would include an approximately 8' by 40' float positioned parallel with the shoreline with two 6' by 32' long finger piers on each end. The floating finger piers would extend waterward in a position perpendicular to the shoreline. Two 13' by 13' boatlifts would be installed in the interior part of the U-shaped floats. A hydrographic survey was conducted by ESP Associates, Inc. on April 27, 2021 that shows the 2' contour line along the landward edge of the 8' by 40' 127 Beach Road South, Barnett, Hall Page Three floating dock (see Drawing 3 of 5). The width of the water body in this area is approximately 290' and the proposed docking facility would extend past the' %4 width to a length of 84' but would not extend past the existing pier headline. According to the applicant the proposed docking facility would not encroach into either riparian corridor and adheres to the 8 square -foot rule. 10. ANTICIPATED IMPACTS The project area consists of open water, Estuarine Shoreline, and highground. As proposed, the new floating dock would result in the incorporation of approximately 740 ft2 of Public Trust Area and Estuarine Waters. According to the applicant the proposed bulkhead would fill approximately 315 ft2 of Public Trust Area. The proposed bulkhead would step out an average of 2' and a maximum of 5' below MHW to help stabilize the existing erosion scarp that has formed landward of the rip rap. The patches of dune vegetation that include Coastal Wetland species are not tidally connected and would be filled with the proposed bulkhead installation. There would be no impact to claimed coastal of freshwater wetlands nor encroachment of the15' riparian setback or pier headline. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: July 11, 2021 Office: Wilmington 5. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative 5.1.1 Project Location and Existing Conditions The project is adjacent to Banks Channel at 127 Beach Road South on Figure 8 Island, New Hanover County. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and 'L' shaped floating dock constructed under an unknown CAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. It should be noted that the shoreline is rip rap and is devoid of coastal wetlands as approved by DCM staff. Water depths, structures, and Mean High Water was located by ESP Associates, Inc. on April 27, 2021. See Appendix B for details. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. 5.1.2 Proposed Action The applicant proposes removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement of the upland access walkway. The proposed floating dock will have a 'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boatlifts are proposed within the 'U' shaped floating dock, and two temporary wet tie slips are proposed on the outside of the 'U' shaped floating dock. The proposed fixed pier will measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform that contains access stairs, benches, and a fish cleaning station. A proposed replacement upland walkway will tie into the existing walkway and measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High -Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will tie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. See Appendix A for details. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. 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 JUN 21 2021 DCM WIL.MINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 14 SLMG ARV MANAGIP 11 NI GROUP e OAVEYAI'. m vran June 18, 2021 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 127 Beach Road South, Hall Barnett and Bay House LLC CAMA Major Permit Application Request Katharine, Please find enclosed a CAMA Major Permit application and supporting materials for the 127 Beach Road South project located on Figure 8 Island, adjacent to Banks Channel, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Andy Dortch Land Management Group Enclosure: CAMA Major Permit Application Package; Fee Check cc: Hall Barnett; Bay House LLC RECEIVED JUN 21 2021 DCM WILMINGTON, NC www.lmgroup.net • info(i1mgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 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 Bay House LLC Project Name (if applicable) 127 Beach Road South Applicant 1: First Name Hall MI n/a Last Name Barnett Applicant 2: First Name n/a MI n/a Last Name n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2319 Lake Drive PO Box City Raleigh State NC ZIP 27609 Country USA Phone No. 919-632-6506 FAX No. n/a Street Address (if different from above) project street address: 127 Beach Road South City Wilmington State NC ZIP 28411 Email Prfb'dbametlpropertiesllc.com : hfb'ii harnettprop.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. n/a Phone No. 2 n/a ext. n/a FAX No. 910-452-0060 Contractor # n/a Street Address (if different from above) NA City State ZIP Email RECEIVED ado'tch'Nmgroupnet, gfinch©rrigroup.net Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina JUN 21 20 DCM W1LMINGTON, NC 1 3. Project Location County (can be multiple) New Hanover Street Address 127 Beach Road South State Rd. # n/a Subdivision Name Figure 8 Island City Wilmington State NC Zip 28411 Phone No. n/a 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 Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. AI' [Natural 0 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 falls within. Figure 8 Island / New Hanover County Yes • No 4. Site Description a. Total length of shoreline on the tract (ft.) 118' @ MHW b. Size of entire tract (sq.ft.) 0.6 +/_ acres c. Size of individual lot(s) n/a (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 0-15' 0/ NHW or ❑NWL e. Vegetation on tract Typical coastal shrubs and trees exist on the tract. f. Man-made features and uses now on tract. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and 'L' shaped floating dock constructed under an unknown CAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential homes and docking facilities. h. How does local government zone the tract? R-20S i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) /C Yes ■No DNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? • Yes 0 No k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. •Yes C. No DNA I. Is the proposed project located in a National Registered Historic District Register listed or eligible property? or does it involve a National ■ Yes Cr No ■ NA ocrcnicn JUN 21 202i Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 2 m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (lii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) DCM STAFF CONFIRMED ABSENCE OF COASTAL WETLANDS •Yes ®No ❑Yes J No /0 No ■ Yes n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. WII the project be for commercial, public, or private use? ❑Commercial ■ Public/Government Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to stabilize uplands with a bulkhead, install a partial upland platform, and install a fixed access pier with 'U' shaped floating dock to provide enhanced water access to the property. 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, dock, and platform 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 removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement of the upland access walkway. The proposed floating dock will have a 'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boatlifts are proposed within the 'U' shaped floating dock, and two temporary wet tie slips are proposed on the outside of the 'U' shaped floating dock. The proposed fixed pier will measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform that contains access stairs, benches, and a fish cleaning station. A proposed replacement upland walkway will tie into the existing walkway and measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High -Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will tie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. 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? —187 fr. Sq.Ft or ❑Acres for upland bulkhead installation, partial upland platform, and walkway installation g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEj1 No new discharges. JUN 21 Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina DUM 3 ED 2021 ,NC i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes NNo DNA If yes, will this discharged water be of the same salinity as the receiving water? DYes ❑No NNA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑Yes NNo DNA 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 1 JIB LLC Phone No. NA Address PO BOX 9846, GREENSBORO, NC 27429 Name KATSAROS SHARON T QPT TRUST ETAL Phone No. NA Address 125 BEACH ROAD SOUTH, WILMINGTON, NC 28411 Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Unknown permit numbers, permittees, or issuing dates h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit — June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 4 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: 6/16/2021 Print Name: Andy Dortch, Agent, Land Management Group Signature _ Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 5 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 ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. b. Type of material to be excavated. 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 DSB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (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), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV DSB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? Dyes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (ii) If yes, how much water area is affected? RECEIVED JUN 2 1 2021 DCM WILMINGTON. NC 6 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑Breakwater/Sill ['Other: c. Average distance waterward of NHW or NWL: 2' e. Type of stabilization material: naval style vinyl sheet pile with sand backfill g Number of square feet of fill to be placed below water level. Bulkhead backfill: -315 sq ft Riprap Breakwater/Sill Other Source of fill material: sand mine or upland source b. d. f. Length: -114' Width: 1' Maximum distance waterward of NHW or NWL: 5' (i) Has there been shoreline erosion during preceding 12 months? NYes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. -2' above top of rip rap, visual inspection h. Type of fill material. sand 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, (R) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill DNA 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: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Bulkhead c. (i) Will navigational aids be required as a result of the project? Oyes NNo DNA (ii) If yes, explain what type and how they will be implemented. b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe or other typical bulkhead construction equipment d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes NNo DNA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. June 16, 2021 17atc 127 Beach Road South Project Name Andy Dortch, Agent Land Management Group Applicant Name Dead Applicant Signature RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit -June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 7 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. No new buildings. The existing partial upland platform and a portion of the wooden walkway will be removed. A proposed uncovered partial upland platform will measure approximately 12' long x 12' wide and contain access stairs to the sand, a fish cleaning station, and benches. A proposed replacement wooden walkway will measure approximately 25' long x 4' wide. Approximately 4' of the -114' bulkhead will be installed on the southwest upland portion of the property. There is no additional upland work proposed on the property. c. Density (give the number of residential units and the units per acre). 1 existing residential unit e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? [hies ❑No DNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A j. Describe proposed method of sewage disposal. Municipal I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). N/A b. Number of lots or parcels. 1 - 127 Beach Road South d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. -183 sq ft for installation of partial upland platform and walkway; -170 sq ft for removal of existing partial upland platform and walkway f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Oyes ❑No IZNA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? Dyes No DNA If yes, attach appropriate documentation. Figure 8 HOA requires an approved CAMA permit before internal review m. Does the proposed project include design? ❑Yes ❑No ®NA If yes, attach appropriate documentation. an innovative stormwater RECEIVED JUN 21 2021 Application for Major Development Permit -June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 8 m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ❑No (EINA community, public system, etc.) (ii) If yes, how many acres? Municipal o. When was the lot(s) platted and recorded? Oct 17, 1972; Plat B13 P47 p. If proposed development is a subdivision, will additional utilities be installed for this upland development? Lives ❑No ®NA June 16, 2021 Date 127 Beach Road South Project Name Andy Dortch, Agent Land Management Group Applicant Name Q� 44 bead Applicant Signature RECEIVED JUN 2 1. 2021 DCM WILMINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 9 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 Fixed Pier, 1 Floating Dock (iii) Length 38•40' (iv) Width 6y8' (v) Floating ®Yes NNo e. (i) Are Platforms included? NYes ❑No If yes: (ii) Number 1 uncovered partial upland platform with access stairs benches, and fish cleaning station (iii) Length —12' (iv) Width —12' (v) Floating Oyes NNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (2 boatlifts and 2 temporary wet slip tie ups) (ii) Number of slips existing 3 wet slips i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: k. Typical boat length: 30' m. (i) Will the facility have tie pilings? ❑Yes NNo (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? Lives NNo d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 2 (attached U shaped design) (iii) Length 32J32' (iv) Width 6' ; 6' (v) Floating NYes ❑No f. (i) Are Boatlifts included? NYes ❑No If yes: (ii) Number 2 proposed boatlifts (Hi) Length 13' (iv) Width 13' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies N Dockage ("wet slips") only, number of slips: 2 temporary tie up wet slips on outsides of 'U' shaped floating dock 0 Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: N Other, please describe: 2 proposed boatlifts (13' x 13' on center) Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout, large center console and sportfishinq vessels I. (i) Will the facility be open to the general public? ❑Yes NNo RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 10 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of 'pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Oyes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 11 p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) N This section not applicable a. (i) Is the boathouse structure(s): ['Commercial ❑PubliGGovernment ❑Private/Community (ll) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) N This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) N This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NNW, NWL, or wetlands 6. MOORING PILINGS and BUOYS N This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit — June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 12 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. —35' northeast riparian corridor; —29' southwest riparian —45' northeast docking facility; —45' southwest docking corridor facility Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body —290' e. (i) Will navigational aids be required as a result of the project? ❑Yes ZNo ❑NA hi) If yes, explain what type and how they will be implemented. NA d. Water depth at waterward end of structure at NLW or NWL —7' NLW existing 8. OTHER ®This section not applicable a. Give complete description: June 16, 2021 Date 127 Beach Road South Project Namc Andy Dortch, Agent Land Management Group Applicant Name p4,4 Dtvad Applicant Signature RECEIVED JUN 21 2021 DCM WILMINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 13 DWR Pre -Filing Meeting Request Form Contact Name* andy dortch Contact Email Address* adortch@Imgroup.net Project Owner* Hall Barrnett Project Name* 127 Beach Road S Project County * New Hanover Owner Address:* Street Address 2319 Lake Drive Address (sae 2 State !Pt ssanse Raleigh NC miry 27609 USA Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Individual Permit Shoreline Stabilization Does this project have an existing project ID#?* Yes No 401 Water Quality Certification - Express Modification Do you know the name of the staff member you would like to request a meeting with? no RECEIVED JUN 21 2021 DCM WILMINGTON, NC Please give a brief project description below and include location information. * The project is adjacent to the Intracoastal Waterway at 127 Beach Road South on Figure 8 Island, New Hanover County. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and'L' shaped floating dock constructed under an unknown CAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. It should be noted that the shoreline is rip rap and is devoid of coastal wetlands as approved by DCM staff. Water depths, structures, and Mean High Water was located by ESP Associates, Inc. on April 27, 2021. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. The applicant proposes removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement upland access walkway. The proposed floating dock will have a'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boatlifts are proposed within the 'U' shaped floating dock, and two temporary wet tie slips are proposed on the outside of the 'U' shaped floating dock. The proposed fixed pier will measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform which contains access stairs, benches, and a fish cleaning station. A replacement proposed upland walkway will measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will tie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. 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* ) Submittal Date 6/10/2021 RECEIVED JUN 21 2021 DCM WILMINGTON. NC ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRAXTON DAVIS Director Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: NORTH CAROLINA Environmental Quality July 11, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Hall Barnett, for State approval for development of the subject property located at 127 Beach Road South, adjacent to a man-made canal on Figure Eight Island, in New Hanover County. It was received as complete on July 10, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 23, 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 July 10, 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 days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Katharine Elks Field Representative cc: Gregg Bodnar, DCM Holley Snider, DWR Hall Barnett, Applicant USAGE Christine Bouffard, LPO D_E aa+m"n, a rr* ,..b,O a\ North Carolina Department of Environmental Qualify i Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • Hall Barnett • DJM-NC, LLC • Frank Golden • Dellaine Risley, Dan Smith, Elizabeth Lennon Hello: Please publish the attached Notice in the Saturday, July 17, 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 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC Files Gregg Bodnar — MHC USACE Skncerely, Tany ! . Pietila Permitting Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 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 July 11, 2021, Hall Barnett proposed to construct a bulkhead & reconfigure a private docking facility to include 2 (two) new boatlifts for a total of four (4) slips at 127 Beach Rd. S. adj. to Banks Channel in Wilmington, New Hanover County; On July 12, 2021, DJM-NC, LLC proposed to construct a new private docking facility with two (2) slips at 2016 Deep Creek Run & expand an existing docking facility to four (4) slips at 2020 Deep Creek Run to a total of six (6) slips between the parcels, adj. to the AIWW in Wilmington, New Hanover County; On July 12, 2021, Frank Golden proposed to reconfigure & expand an existing docking facility to a total of four (4) slips at 8700 Bald Eagle Ln., adj. to the AIWW in Wilmington, New Hanover County; and on July 14, 2021, Dellaine Risley, Dan Smith & Elizabeth Lennon proposed to expand the width of the authorized dredge footprint (State Permit No. 22-21) to 20' in width for 160', & 30' in width for 350' at 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 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 August 7, 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 4D.EQ1) �m North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Hall Barnett / Bay House LLC Mailing Address: 2319 Lake Drive Phone Number: Email Address: Raleigh, NC 27609 919-632-6506 hfb@barnettpropertiesllc.com / hfb@barnettprop.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 installation of fixed pier with necessary for the following proposed development: floating dock/boatlifts/upland platform/benches/walkway, and installation of bulkhead at my property located at 127 Beach Road South, Figure 8 Island 28411 in New Hanover Count y. 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: Signature 11 Print(Qr Type Name PS�`�tyi r RECEIVED Title 6 / /6 i 2_ / JUN 21 2021 Date 12 /31 ,2022 This certification is valid through DCM WILMINGTON, NC L LAND MANAGEMENTo-�GROUP a DAVEY'i'_. company June 17, 2021 KATSAROS SHARON T QPT TRUST ETAL 125 BEACH ROAD SOUTH WILMINGTON, NC 28411 To Whom It May Concern: Hall Barnett / Bay House LLC is applying for a CAMA Major Permit on the property located at 127 Beach Road South, Figure 8 Island, New Hanover County, North Carolina. The specifics of the proposed work involve installation of a fixed pier with seating area, floating dock, and boat lifts as depicted on the enclosed Plan View drawing. 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 drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 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@lmgroup.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures RECEIVED JUN21 www.Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403DCM WILMINGTON, NC LAND MANAGEMENT,tGROUP a DAVEY'i_ company June 17, 2021 1 JIB LLC PO BOX 9846 GREENSBORO, NC 27429 To Whom It May Concern: Bay House LLC is applying for a CAMA Major Permit on the property located at 127 Beach Road South, Figure 8 Island, New Hanover County, North Carolina. The specifics of the proposed work involve installation of a fixed pier with seating area, floating dock, and boat lifts as depicted on the enclosed Plan View drawing. 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 drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 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, Andy Dortch, Agent Land Management Group Enclosures RECEIVED JUN 21 2021 DCM WILMINGTON, NC www.Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ForNICifititt€l e rflittama lan;ki o t 1.10$6.W401i4 ' (U s O Sent To ru M1 S+reeiaridiyo. Ap ; ciblyYdon.. 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R�5 t 06 1 7'2(i21 Postmark Mere 02 RECEIVED JUN 21 2021 DCM WILMINGTON, NC RECORDED. 01ro31201e NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY 12:15:59 PM BY arvoREACREsweu REGISTER or DEEDS ASSISTANT Parcel ID: R04520-003-O0I-000 This instrument was prepared by: The Butler Firm, PLLC- Revenue Stamps: $4,300.00 , 711 Princess Street, 2"d Floor Return tE: n{�' Eugene B. Davis, Jr. Wilmington, NC 28401 Attorney at Law 1612 Military Cutoff Rd, Ste 301 GENERAL WARRANTY DEEEllWi�mington,NC 28403 BK: RE 6112 PG: 2407 - 2409 2018000183 NC FEE S260D REAL ESTATE EATS1130000 ELECTRONICALLY RECORDED Without Title Examination Brief Description for the Index: Lot 127, Sec 8, Fig 8 Island The property herein conveyed is not the primary residence of the Grantors THIS DEED, trade and entered into this r(Ai-1—day of December, 2017, by and between: Paula Foster Bushardt, individually and as sole heir of Paul and Coco Foster, her parents both deceased, and as General Partner of Bay House Partnership, also referred to as Figure Eight Bay House Partnership, recorded at Book 1386 Page 1324 of the New Hanover County Register of Deeds, as a matter of winding up the business of the Partnership, and joined by her husband James B. Bushardt, hereinafter called GRANTORS. whose mailing address is 1513 Futch Creek Road, Wilmington, NC 28411, and Bay House, LLC, a North Carolina limited liability company, hereinafter called GRANTEE, whose mailing address is 2319 Lake Drive, Raleigh, NC 27609. 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 Grantors, for a valuable consideration paid by Grantee, the receipt and adequacy of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto 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: BEING all of Lot 127, Section 8 of the property of the Figure Eight Island Company as shown on map thereof, recorded in Map Book 13, at Page 47 of the New Hanover County Registry, and being the identical property conveyed by the Figure Eight Island Company by Deed dated October 30, 1972, recorded in Book 953, Page 250, New Hanover County Registry. RECEIVED JUN 21 2021 DCM WILMINGTON, NC Submitted electronically by "Eugene B. Davis, Jr. P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New uanover County Register of Deeds. Also known as 127 Beach Road South, Wilmington, NC 28411. To have and to hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple forever. And the Grantors covenants with the Grantee that Grantors are seized in fee of the above described property in fee simple; that Grantors have the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances; and that Grantors will warrant and defend the title against the lawful claims and demands of any and all persons whomsoever. except for the following exceptions: 2017 ad valorem taxes, land use regulations, and easements and restrictions of record., IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. Bay House Partnership ?a/4 Aga, 6G%klittea SEAL By: Paula Foster Bushardt, General Partner 6gam,8,. ataa SEAL Paula Foster Bushardt SEAL es B. Bushardt STATE OF NORTH CAROLINA COUNTY OF Ak4, n/.tllol/Cy2 I, PG4Pr.,�iAM hdo✓/?a/ K the undersigned Notary Public of the County and State aforesaid, certify that Paula Foster Bushardt, General Partner of Bay House Partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrnent for the purposes therein expressed. Witness my hand and notarial stamp or seal this 2? — day of December, 2017. My Commission Expires: NOTARY BLI RECEIVED JUN 21 2021 DCM WILMINGTON, NC Acknowledgement STATE OF NORTH CAROLINA COUNTY OF J4W /fu,dvVL— I,Drket /iM At o// 774 , the undersigned Notary Public of the County and State aforesaid, certify that Paula Foster Bushardt and husband, James B. Bushardt, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial stamp or seal this 12— day of December, 2017. My Commission Expires: W/9 NOTARY PUBLIC RECEIVE[) JUN 21 2021 DCM WILMINGTON, NC ft+ C-Si 'E, AND TEN SECTIONS EIGHT SURVEY BY EV ELO PER z k S $ _WED JUN 2 1 2021 DCm«gwGrNINC RECEIVED JUN 21 2021 DCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar@NCDENR.gov SUBJECT: CAMA /D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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 £ D_E NORTH CAROLINA Department o/ Environmental Dual North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Survey Boundary NHC Tax Parcels Riparian Corridor 15' Setback Existing Pierhead Line Center of Channel Existing Docking Facilities Existing Adjacent Bulkhead Legend Existing Pierhead Line Mean High Water 30' CAMA Buffer Channel Centerline 30' CAMA Buffer Riparian Corridor and 15' Setback 1 JIB ROAD 1 JIB LLC NOTES: 1. 2018 PARCELS FROM NCONEMAP. 2. 2020 AERIAL FROM NCONEMAP. 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 127 BEACH ROAD S LMG LAND LIANA) EMF.N7 ) Rl)UP a DAVEY co,v ero. 3805 Wrightsville Ave Suite 15 Wilmington. North Carolina 28403 910-452-0001 0 50 Project: 127 Beach Road South Title: Existing Conditions and Site Location 100 Dale Scale: Drawn By WI/ SR 1402 Site Location Map NTS .RECEIVED 21 20 DCM WILMINGTON; NC 6/16/2021 1"=100' WAD 200 Revision Dale: N/A Job Number: LMG21.165 Sheet Number: 1 of 5 Subject Parcel NHC Tax Parcels Riparian Corridor 15' Setback Existing Bulkhead Drainage Easemen a Waterbody Width Legend ....... J Existing Pierhead Line Mean High Water 30' CAMA Buffer Channel Centerline Existing Docking Facilities Existing Rip Rap D- • • NOTES: 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. 2018 PARCELS FROM NCONEMAP. 4. NOT A SURVEYED OR ENGINEERED DRAWING. 5. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. 0 10 20 40 9 • ♦ •♦ ♦ ♦♦ • • RECEIVED JUN 21 2021 ♦ \CM WILMINGTON, NC ILMG 1 ! \ U MANAGEMENT GROUP a DA51EY# company 3805 Wrightsville Ave Suite 15 Wilmington. North Carolina 28403 910-452-0001 Project 127 Beach Road South Date: 6/16/2021 Revision Date: N/A Title: Existing View Scale: 1 "=20' Job Number: LMG21.165 Drawn By: WAD Sheet Number: 2 of 5 C:\Users\wd00091Desktop1127 Beach Rd S.dwg Proposed Docking Facility With 2 Boat Lifts (13' x 13' on Center) and 2 Temporary Tie-up Slips Existing Dock to Be Removed Existing Partial Upland Platform to Be Removed Existing Walkway to Be Removed 30' Drainage Easement (Per Plat Book 13 Page 47) Subject Parcel NHC Tax Parcels Riparian Corridor 15' Setback Existing Bulkhead Temporary Tie Slip Legend ...... . Existing Pierhead Line Mean High Water 30' CAMA Buffer Channel Centerline Existing Docking Facilities Existing Rip Rap Proposed Docking Facility .• • ♦ • DK NOTES: 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. 2018 PARCELS FROM NCONEMAP. 4. NOT A SURVEYED OR ENGINEERED DRAWING. 5. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. Drainage Easement 0 Proposed Bulkhead -�Q 40 0 Proposed 28' Long x 6' Wide Fixed Access Pier with \ Handrails, Seating, Fish Cleaning Station,and Access Steps \ (platform measures approximately 12' x 12') — Proposed Bulkhead (-2'- 5' Waterward A from MHW, —114 Feet Long) 9 % •` • • Proposed Replacement Walkway ♦ RECEIVED • ♦♦ JUN 21 2021 • % CM WILMINGTON, NC • 4LMG LAND MANA<;EMENT GROUP a D IEY4 company 3805 Wrightsville Ave Suite 15 Wilmington. North Carolina 28403 910-452-0001 Project: 127 Beach Road South Tilte: Plan View Date: 6/16/2021 Scale: 1"=20' Drawn By: WAD Revision Dale: N/A Job Number: LMG21.165 Sheet Number: 3 of 5 C:\Users\wd0009\Desklop1127 Beach Rd S.dwg A' 10 8 6 MHW 4 2 MLW 0 - 2 - 4 Existing Grade -6 - 8 Pilings per contractor (spacing, depth, etc) Existing Rirap A..•.. ..• MMMMM •.• Existing Walkway 30' C\ MA Buffer A 10 8 6 4 2 0 - 2 - 4 - 6 - 8 Proposed Sand Backfill (-68 CU YD) Existing Rip Rap (to remain) J Assols, Arr.. roposed B,iIkhead Proposed Walkway, Platfo m, Fixed Pier, and Floating D ck Conto r Lines • ... I Existing Pierhead Line 10 20 Proposed Walkway, Platform, Fixed Pier, Access Ramp, and Floating Dock MHW MHW Proposed Bulkhead (1' Wide, —114' Long, depth and height per contractor) 0+00 0+10 0+20 0+30 0+40 0+50 0+60 0+70 0+80 MLW 0 RECEIVED JUN 21 2.021 DCM WILMINGTON, NC 3 6 12 Horizontal and Vertical Scale NOTES: 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. LMG !AND NIAN\ ;r.NM[NT GROUP a D 1EY4 i rrP.,r` 3805 Wrightsville Ave Suite 15 Wilmington. North Carolina 28403 910-452-0001 Project: 127 Beach Road South Date: 6/16/2021 Revision Date: N/A Title: Profile View A Dock Detail Scale As Noted Job Number: LMG21.165 Drawn By: Sheet Number: 4 of 5 WAD C:\Users\wd0009\Desktop1127 Beach Rd S.dwg -2 Proposed\ullthead Proposed Floating ock ■ III •u.•IN•MM..U■ Existing Pierhead Lie r■ Contour Lines 0 5 10 20 10 8 6 4 MHW 2 Existing Pierhead Line Proposed Floating Dock Q MLW - 2 10 8 6 MHW 4 2 jrvuw 0 I -4 - 4 I - 6 -6 - 8 Existing Grade L__ -8 RECEIVED I 0+10 0+120 0+130 0+40 0+50 JUN 21 2021 0+00 DOM WILMINGTON, NC 0 2.5 5 Vertical 0 2.5 5 Horizontal Scale 10 10 NOTES: 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. 4LMG LAND MANAGEMENT GROUP r. DAYEY4 company 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Project: 127 Beach Road South Title Profile View B Dock Detail Date: 6/16/2021 Scale: As Noted Drawn By: rtevision uaie: N/A Job Number: LMG21.165 Sheet Number: 4 of 5 C:\Users\wd0009\Desktop1127 Beach Rd S.dwg WAD Major Permit Fee Schedule Project Name: tiScwy\ — btA1k14"( aCounty: Check No & Amount: a a21-4 /4°°_ Development Type Fee DCM % (14300160143510009316256253) DWQ (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4175 can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4175 can be applied: $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190)