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HomeMy WebLinkAbout20211193 Ver 1_CAMA Application_20210730DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kyle Warren, c/o Andy Dortch (Land Management Group) 2. LOCATION OF PROJECT SITE: 1324 Final Landing Lane, adjacent to Middle Sound and AIWW, Wilmington, New Hanover County. Latitude: 34° 16' 35.19" N, Longitude: 77° 45' 39.18" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/21/2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Office — Wilminaton Application Received 7/15/2021 DWR WQC Scoping meeting date: 5/24/2021 Application Complete 7/26/2021 Day 30 for WQC Pre -filing N/A 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 — Septic Planned — NA (F) Type of Structures: Existing — Planned — A bulkhead, private 4 slip docking facility, boatlift, and excavation. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) 98 ft2 (shaded) (B) Non -Vegetated Wetlands (Open water) —16,700 ft2 —1,977 ft2 (incorporated) (C) Other — High Ground —20,000 ft2 (spoil disposal) (D) Total Area Disturbed: 38,775 ft2 / 0.89 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. 1324 Final Landing Lane, Warren, Kyle Page Two 9. PROJECT DESCRIPTION The project site is located at 1324 Final Landing Lane in Wilmington, adjacent to Middle Sound and the Atlantic Intracoastal Waterway (AIWW), in New Hanover County. The property is accessed by heading north toward Porters Neck on Market Street (Hwy 17). Turn right onto Porters Neck Road and travel approximately 0.9 miles to the traffic circle and take your first exit onto Edgewater Club Road. Travel approximately 1.3 miles on Edgewater Club Road and take a slight left into Final Landing Lane after the sharp left curve. Travel approximately 480' and turn right onto a dirt road that services 1318, 1320, and 1322 Final Landing Lane. The subject property is at the end of the road. The 1,82 acre property is adjacent to Middle Sound and the AIWW near the mouth of Little Creek in the Porters Neck area of New Hanover County. The parcel has culverted access across a drainage feature to an existing single-family residence on pilings. The adjacent properties are also single-family homes. Elevation ranges from approximately 0-15' above normal high water (NHW) with upland vegetation primarily consisting of natural coastal shrub/scrub species. The parcel has approximately 118' of shoreline that descends from the highground quickly into a narrow band of high marsh with vegetation including sea oxeye (Borrichia frutescens) and spike grass (Distichlis spicata) and then gives way to low marsh dominated by saltmarsh cord grass (Spartina altemaflora). A drainage feature runs along the north side of the residence where it meets a small tidal cove surrounded by coastal wetlands with the exception of a narrow sandy accessway to the mouth of Little Creek. The sandy accessway is able to exchange water during high tide but is dry during a normal low tide. State Permit 76-95 was issued on June 12, 1995 authorizing §404 wetland fill in association with the construction of the house. State Permit 76-95 expired on December 31, 1998. There is no existing docking facility or other water dependent development on the parcel. Water depths in the cove range from -3 to -15' normal low water (NLW), the elevation of the sandy accessway from Little Creek into the cove is shoaled to approximately +8" NLW based on the DCM site visits, and the depths of the adjacent Little Creek channel range from -6" to -36" NLW. The adjacent property to the north, 1330 Final Landing Lane was issued State Permit 42-18 on May 10, 2018 for a docking facility and excavation under the proposed slips out to the AIWW federally maintained channel. The applicant's proposal would overlap the previous excavation performed under State Permit 42-18, expiring on December 31, 2021. A copy of State Permit 42-18 and the permit drawing is included with Appendix B. No other permit history was found. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of the AIWW and Middle Sound in the vicinity of the project area 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 CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. The applicant proposes to install a 470' bulkhead 1' landward of §404 and coastal wetlands. The proposed bulkhead would run from the southern property boundary north along the AIWW and then wrap back toward the west around the home along the drainage area to the culvert. Bulkhead stabilization is proposed for both sides of the culverted driveway. Additionally, the applicant proposes to construct a docking facility within the cove that includes a 6' by 139' fixed pier with a terminal 12' by 12' gazebo positioned on the north side of the fixed pier (see Narrative). Approximately 16.3' of the fixed pier would be over coastal wetlands, A U-shaped floating dock would be positioned slightly north of 1324 Final Landing Lane, Warren, Kyle Page Three the fixed pier within the cove accessed by a ramp that would extend north from the fixed pier parallel to the shoreline. The U-shaped floating dock would have two (2), 6' by 48' finger piers positioned perpendicular to the shoreline, connected by a 6' by 26' dock positioned parallel to the shoreline. A 13' by 13' boatlift is proposed to be positioned on the outside of the southern 6' by 48' finger pier (see drawing 3 of 5). The docking facility adheres to the eight square -foot rule and would extend approximately 115' into the cove waterbody. The Division of Coastal Management (DCM) has determined that the width of the waterbody would extend out to the AIWW, which ranges from approximately 625-900' wide; the structure would therefore meet the IA width rule. The proposed structures would not encroach into either adjacent 15' riparian corridor setback. In support of the proposed slips the applicant is proposing new excavation within the cove and maintenance excavation of the AIWW access channel a minimum of 10' away from any coastal wetlands. The proposed new excavation footprint for the boat basin measures approximately 70' wide and between 75'-100' in length (-7,000 ft2) to a depth of -4' NLW, The new excavation of the sandy shoal connecting the cove to the Little Creek access channel measures approximately 12' by 90' (-1,080 ft2) to a depth of -4' NLW. The proposed maintenance excavation of the mouth of Little Creek to the federally maintained AIWW channel measures approximately 380' in length by 20' in width (7,600 ft2) to a depth of -4 NLW most recently authorized through State Permit # 42-18, issued to the north adjacent property owner, Dennis Duke. According to the applicant the proposed excavation would impact a total of approximately 16,700 ft2 of shallow bottom with approximately 1,500 cubic yards (CY) of material removed using bucket -to -barge methods. The excavation spoil would be placed above NHW in a 20' x 10' area on the Northeast New Hanover County Conservancy spoil island, DA-228, outside of the USAGE right-of-way. A consent to cross agreement would be obtained by the hired contractor if necessary to cross USACE property to access the disposal location. During the May 24th, 2021, onsite scoping meeting with the NC Division of Water Resources and the agent no areas of submerged aquatic vegetation (SAV) were noted, a few living clams were identified but no extensive shellfish beds were identified in the project area. 10. ANTICIPATED IMPACTS The project area consists of open water, Estuarine Shoreline, shallow bottom, and highground impacts. As proposed, the new bulkhead would be placed on the highground, 1' landward of the coastal wetland line. The new docking facility would result in the incorporation of approximately 1,977 ft2 of Public Trust Area and Estuarine Waters and shading of approximately 98 ft2 of coastal wetland. The proposed excavation would result in a total of 16,700 ft2 of shallow bottom impacts, approximately 8,080 ft2 of which would be new excavation and approximately 7,600 ft2 of which would be maintenance excavation. There would be no encroachment of the15' riparian setback, pier headline, or % width. 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 29, 2021 Office: Wilmington ti/MG LAND MANAGEMENT GROUP a Qir1EY4. company July 26, 2021 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 1324 Final Landing Lane, Kyle Warren CAMA Major Permit Application Request Katharine, Please find enclosed an updated CAMA Major Permit application and supporting materials for the 1324 Final Landing Lane project located on Final Landing Lane, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards are included. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, 9t Andy Dortch Land Management Group RECEIVED JUL 2 6 ?_0?I DCM WILMINGTON, NC Enclosure: Updated CAMA Major Permit Application Package; (Fee Check delivered July 15, 2021) cc: Kyle Warren www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The project is adjacent to the Intracoastal Waterway at 1324 Final Landing Lane near the Figure 8 Island Bridge, New Hanover County. There is a single-family residence currently located on the property. There are no piers or docking facilities currently located on the property. Permit number 42-18 was issued to adjacent landowner Dennis Duke on May 10, 2018. The adjacent permit authorized a 4-slip docking facility with basin and channel dredging to -4' below normal water level. Onsite Normal High Water and Coastal Wetland lines were determined by LMG and approved by DCM on January 22, 20201. Outer edge of marsh line was determined through aerial photography by Land Management Group. See Appendix A 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. 4.1.2 Proposed Action Installation of an -470' bulkhead is proposed 1' inside the coastal wetland line. The bulkhead will be 1' wide and composed of vinyl naval style sheet pile. There is no additional upland work proposed on the property. The applicant proposes installation of a 139' long by 6' wide fixed pier with attached 12' wide by 12' long covered gazebo. The fixed pier would shade approximately 98 square feet of coastal wetlands and be constructed a minimum of 3' above existing grade. Also proposed is a'U' shaped floating dock with two fingers measuring 6' wide by 48' long, connected by a 6' wide by 26' long section. The `U' shaped floating dock will contain a total of 4 slips, (1) 13' x 13' boatlift and 3 wet slips. After meeting with DCM and DWR staff on May 24, 2021, the proposed floating dock fingers were reduced from 53' long to 48' long to minimize the dredge footprint. Due to insufficient water depths at the proposed floating dock and access channel, dredging to -4' MLW is proposed at least 10' away from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021, the proposed basin and access channel dredging area was reduced from -9,670 square feet to -7,779 square feet ("70' x -100' basin = 7,000 sq ft and "'12' x -90' access channel = 1,080 sq ft). The entire proposed dredging area including access to the ICWW is "16,700 square feet. Dredging will generate approximately 1,500 cubic yards of spoil material. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-228 outside of the USACE right-of-way along and adjacent to the existing dike. It is understood that if the contractor intends to cross the USACE right-of-way to place spoil material, a consent agreement must be obtained. See Appendix A and C 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. Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina RECEIVED JUL 2 6 2021 DCM WILMINGTON, NC 12 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner Information Business Name n/a Project Name (if applicable) 1324 Final Landing Lane Applicant 1: First Name Kyle MI n/a Last Name Warren Applicant 2: First Name n/a MI nla Last Name n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address n/a PO Box 11371 City Wi]mington State NC ZIP 28404 Country USA Phone No. 252-473-7014 FAX No. n/a Street Address (if different from above) project street address: 1324 Final Landing Lane City Wilmington State NC ZIP 28411 Email Kyle a(�.offithehookvs.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name Andy MI nla Last Name Dortch Agent) Contractor 2: First Name Greg MI n/a Last Name Finch Mailing Address 3805 Wrightsville Avenue, Suite 15 PO Box nla City Wilmington State NC ZIP 28403 Phone No. 1 910-452-0001 ext. n/a Phone No. 2 n/a ext. nla FAX No. 910-452-0060 Contractor # n/a Street Address (if different from above) NA City State ZIP Email adortchAlmgroup.net ofinchalmoroup.net JUL 2 6 2021 Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 3. Project Location County (can be multiple) New Hanover Street Address 1324 Final Landing Lane State Rd. # n/a Subdivision Name n/a 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 AIWW c. Is the water body identified in (b) above, natural or manmade? ❑Natural ®Manmade ❑Unknown d. Name the closest major water body to the proposed project site. AIWW e. Is proposed work within city limits or planning jurisdiction? ®Yes ❑No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) 118' @ NNW b. Size of entire tract (sq.ft.) 1.82 +/- acres c. Size of individual lot(s) n/a (lfmany 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' ®NHW or El NWL e. Vegetation on tract Typical coastal shrubs, trees, and grasses exist on the tract. f. Man-made features and uses now on tract There is a single-family residence located on the tract. There are no piers or docking facilities located on the property. g. Identify and describe the existing land uses adjacent to the proposed project site. Coastal Marsh, 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) ®Yes ❑No ❑NA 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, by whom? If yes, attach a copy. •Yes No DNA I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? r I"'"Ir' l k r lr- tg; L.L.0 JUL 2 6 Z021 Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina 2 m. (i) Are there wetlands on the site? ®Yes [No (ii) Are there coastal wetlands on the site? ®Yes ❑No (ii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) NHW AND COASTAL WETLAND LINES DELINEATED BY LMG AND APPROVED BY DCM ON JANUARY 22, 2021. OUTER EDGE OF MARSH LINES WERE DETERMINED THROUGH AERIAL PHOTOGRAPHY. n. Describe existing wastewater treatment facilities. Septic ❑Yes No o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ['Commercial ❑Public/Government ® Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes installation of a bulkhead, dredging, installation of a fixed pier, covered gazebo, floating docks and boatlift. The purpose of the project is to stabilize uplands and provide waterway access to the residential 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. Bucket -to -barge dredging is proposed for the current event. Hydraulic dredging may be used for future maintenance events if an approved spoil location can be identified. Typical bulkhead, pier and dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. Installation of an -470' bulkhead is proposed 1' inside the coastal wetland line. The bulkhead will be 1' wide and composed of vinyl naval style sheet pile. There is no additional upland work proposed on the property. The applicant proposes installation of a 139' long by 6' wide fixed pier with attached 12' wide by 12' long covered gazebo. The fixed pier would shade approximately 98 square feet of coastal wetlands and be constructed a minimum of 3' above existing grade. Also proposed is a 'U' shaped floating dock with two fingers measuring 6' wide by 48' long, connected by a 6' wide by 26' long section. The `U' shaped floating dock will contain a total of 4 slips, (1) 13' x 13' boatlift and 3 wet slips. After meeting with DCM and DWR staff on May 24, 2021, the proposed floating dock fingers were reduced from 53' long to 48' long to minimize the dredge footprint. Due to insufficient water depths at the proposed floating dock and access channel, dredging to -4' MLW is proposed at least 10' away from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021, the proposed basin and access channel dredging area was reduced from —9,670 square feet to —7,779 square feet (-70' x —100' basin = 7,000 sq ft and —12' x —90' access channel = 1,080 sq ft). The entire proposed dredging area including access to the ICWW is —16,700 square feet. Dredging will generate approximately 1,500 cubic yards of spoil material. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-228 outside of the USACE right-of-way along and adjacent to the existing dike. It is understood that if the contractor intends to cross the USAGE right-of-way to place spoil material, a consent agreement must be obtained. See Appendix A and C for details. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 4 q.Ft or ['Acres —470 ElSq.Ft or ['Acres bulkhead 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? Application for Major Development Permit -July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina JUL 2 6 2021 3 OCM W1LMINGTON, NC h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ['Yes No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. is there any mitigation proposed? If yes, attach a mitigation proposal. ❑Yes No 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) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e The appropriate application fee. Check or money order made payable to DENR. t. 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 which to submit comments on the proposed project to the Division of Coastal Management. in Name DUKE DENNIS CAROLYN Phone No. NA Address 1330 FINAL LANDING LANE, WILMINGTON NC 28411 Name HARREN JAMES C JACQUENINE B Phone No. NA Address 1457 EDGEWATER CLUB DR, 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. nla 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 JUL 2 6 2021 Application for Major Development Permit — July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 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: July 26, 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 JUL 2 6 DCM WJLMINGTCN, NC Application for Major Development Permit —July 2021 1324 Final Landing Lane 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 -500' "75 - 100' Width "'12 - 20' -70' Aug. Existing Depth -1.5' NLW -0.5' NLW NA NA Final Project Depth -4' NLW -4' NLW NA NA I. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. -1,500 cu yd C. (i) Does the area to be excavated include coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑ CW ❑SAV ❑SB ❑ WL None (ii) Describe the purpose of the excavation in these areas: NA b. Type of material to be excavated. Sand d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑ This section not applicable a. Location of disposal area. DA 228, outside USACE ROW adjacent to existing dike. See Appendix C. c. (i) Do you claim title to disposal area? ❑ Yes No DNA (ii) If no, attach a letter granting permission from the owner. See Appendix C. e. (i) Does the disposal area include any coastal wetlandslmarsh (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 disposal in these areas: NA. b. Dimensions of disposal area. 200' x 100', upland portions adjacent to DA 228 and existing dike. See Appendix C. d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No LINA (ii) If yes, where? Same location. f. (i) Does the disposal include any area in the water? ❑Yes No DNA (ii) If yes, how much water area is affected? RECEIVED JUL 2 6 ZO2 Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina PI M VVI MINOTON, NC 6 3. SHORELINE STABILIZATION ❑This section not applicable (lf development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ®Bulkhead ❑Riprap ❑BreakwaterlSill ['Other: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Vinyl naval style sheet pile g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other Source of fill material. Sand mine or other upland source b. Length: ' 470' Width: 1' d. Maximum distance waterward of NHW or NWL: 0 f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. sand 4. OTHER FILL ACT►V!T!ES (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 fitl 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. ❑GW ❑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? Typical erosion control measures (silt fence, etc.). Dredge spoil will be placed along and adjacent to the existing diked disposal area outside the USAGE ROW on DA 248. See Appendix C. c. (i) Will navigational aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. NA b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Typical dock construction and bucket to barge equipment, backhoe, excavator, barge and bobcat/bulldozer. d. (i) Vlfill wetlands be crossed in transporting equipment to project site? Oyes No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NA July 26, 2021 Date 1324 Final Landing Lane Project Name Andy Dortch, Agent Land Management Group Applicant Name A44141 Applicant Signature Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina JUL 2 6 2021 7 DCM WILMINGTON, NC 3. Form DCM MP-4 Structures (Construction within Public Trust Areas) 9. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ['Public/Government ®Private/Community c. (i) Dock(s) andlor pier(s) (ii) Number 2 proposed (iii) Length 139' ; 26' (iv) Width 6' ' 6' (v) Floating ['Yes ElNo e. g. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 proposed covered gazebo (iii) Length 12' (iv) Width 12' (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. (i) Number of slips proposed 4 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin andlor channel ❑ Open water; no dredging required ❑Other; please describe: k. Typical boat length: 10' - 40' m. (i) Will the facility have tie pilings? ❑Yes No (ii) If yes number of tie pilings? b. ❑This section not applicable (i) Wit the facility be open to the general public? ❑Yes No d, (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 2 proposed (iii) Length 48' ; 48' (iv) Width 6' : 6' (v) Floating ®Yes ❑No (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 1 proposed (iii) Length 13' (iv) Width 13' h. Check al! the types of services to be provided. ❑ Full service, including travel lift andlor rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 3 proposed wet slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: El Other, please describe: 1 proposed boallift j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout and soortfishinq vessels E. (i) Will the facility be open to the general public? ❑Yes No RECEIVED JUL 2 6 GTt'.1 DCM WILMINGTON, NC Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina 8 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. (li) 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? ['Yes ONo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CVV), 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 ESB OWL [None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No if yes, give the name and address of the leaseholder(s), and give the proximity to the lease. RECEIVED JUL 2 6 Application for Major Development Permit — July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina 7LM WJLMINQTON, NC 9 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity 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.) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 25' South; 22' North -50' South; -78' North Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWI_ -750' -0.7' Below NLW e. (i) Will navigational aids be required as a result of the project? ❑Yes No ENA (ii) If yes, explain what type and how they will be implemented. NIA Application for Major Development Permit -July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina R' E.CENED 3UL 2 6 Z021 DCM WILMINGTON, NC 10 8. OTHER ®This section not applicable a. Give complete description: July 26, 2021 Date 1324 Final Landing Lane Project Name Andy Dortch, Agent Land Management Group Applicant Name A444, Dim/lei Applicant Signature RECEIVED JUL 2 6 2O21 ACM WILMINGTON, NC Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina 11 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: NORTH CAROLINA Environmental Quality July 29, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Kyle Warren, for State approval for development of the subject property located at 1324 Final Landing Lane, adjacent to the Atlantic Intracoastal Waterway, in New Hanover County. It was received as complete on July 26, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 9, 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 26, 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 Kyle Warren, Applicant wP.rrrFi�,�rur,� USACE Christine Bouffard, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9I0.796.7215 PIM s 44i r IMO EllII Pm-kp 1• E1 E. �. E E (1 r0 Er E o 1- v 0 in tn. 0 L 0 0 ♦♦O V) a) 2 co O :ma- 00 cts (Di = J co nw1-1 ip c c ■mow IZ r 0 0 APPLICANT: z 0 0 0 E • O E ant: Land Mana Q ti 0 ROY COOPER Governor ELIZABETH S. BISER Secretary BP.AXTON DAVIS Director July 30, 2021 GanLegubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • Kyle Warren Hello: Please publish the attached Notice in the Thursday, August 5, 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 .tter. f you should have any questions, please contact me at our Wilmington office. cc: MHC Files Gregg Bodnar — MHC USACE DEQ mo�.uM Sincerely, 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 29, 2021, Kyle Warren proposed to construct a bulkhead, perform excavation at boat basin, maintenance excavation in the connecting access channel & construct a new private four (4) slip docking facility at 1324 Final Landing Ln., adj. to Middle Sound 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 26, 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. -11/E oapa.mrem ,epRTH:aoCLNA m snwa��m nwu1 North Carolina Department of Environmental Quaitty j Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 necessary for the following proposed development: covered gazebo, floating docks and boat lift, dredging, bulkhead AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Kyle Warren Mailing Address: Phone Number: Email Address: PO BOX 11371 Wilmington NC 28404 252-473-7014 Kyle@offthehookys.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 at my property located at 1324 Final Landing Lane Wilmington NC 28411 in New Hanover County. 1 furthermore certify that 1 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: zee ilte.daee 2t/airizet Signature Kyle Warren Print or Type Name Title 7 14 2021 1 1 Date This certification is valid through 12 l31 /2022 RECEIVED JUL 262?1 DCM WILMINGTON, NC 4114G LAND MANAGEMENT GROUP a DAVEY1 company July 14, 2021 DUKE DENNIS CAROLYN 1330 FINAL LANDING LANE WILMINGTON, NC 28411 To Whom It May Concern: Kyle Warren is applying for a CAMA Major Permit for development activity on the property located at 1324 Final Landing Lane, 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. Appendix B and C may be provided upon request. 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, NC 28405 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 DECEIVED JUL 2 6 2021 DCM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4LIVIG LAND MANAGEMENT GROUP a DAVEV4 company July 14, 2021 HARREN JAMES C JACQUELINE B 1457 EDGEWATER CLUB DR WILMINGTON, NC 28411 To Whom It May Concern: Kyle Warren is applying for a CAMA Major Permit for development activity on the property located at 1324 Final Landing Lane, 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. Appendix B and C may be provided upon request. 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, NC 28405 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@lmqroup.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures RECEIVED JUL 267 ACM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiiplece, or on the front if space permits. 1. Article Addressed to: 1"[lNI A -A 0 —Y0\ ck & QiVA c\ r. rv`% r ,Q�\ 11111I111III1111I111l 1' lI1111111111111IlI111J 9590 9402 6335 0296 5149 94 COMPLETE THIS SECTION ON DELIVERY A. Signature X V ClAgent 0 Addressee ved by (Primed Name) C. Date of Delivery OP D. is delivery address different from item 1? ID Yes if YES, enter delivery address below: © No ❑ Priority Mall Express@ ❑ Registered raIP ❑ Rsglatered Mall Reslricted De€lery 0 Signature Conflrmalionr'r ❑ Collector Delivery 0 Signature Confirmation 2. Article Number (Transfer from smvlce label) . ❑ Collvct oft pallvery rionidctud oe9vory... I3estrtctsd Delivery 7020 2450 0001r i 21/341r1116141l,011'1��i ►,ails 3,r 6ovQ�,ri�lllati. (over $500) PS Form 3811, July 2020 PSN 7530-02-000-9053 C\ C ).-C: L.\ Domestic Return Receipt 3. Service Type ❑ Adult Signature 0 Adult Signature Restricted Delivery ❑ Certmed Mali® 0 Certified Mall Restricted Delivery 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. la Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Articie Addressed to: 1111111111111 lIII1l1I 1111111111111111111111111 9590 9402 6335 0296 5150 07 2, Article Number (Transfer from service !anal 7320 2450 OOOIt 5224 0833 f PS Form 3811, July 2020 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY PeSignature • 5eeeived by Printed Name) C, D. Is delivery address different fro item If YES, enter delivery address below: 1 Agent Addressee Iva El 3. Se vice Type 0 Priority Mali Exprass0 0 Adult Signature 0 Registered Malin, 0 Adult Signature Restricted Delivery 0 Reeg�1'merad Mall Restricted n Cartiffed Mal® Delivery ❑ CertlOed Mau Restricted Delivery 0 3lgnutureConlitrnallon'^" 0 Cot{eaten Delivery 0 Signature Continuation 0 Collect on Delivery Restricted Delivery Restricted DelWory 0 insured Mali ❑ insured Mull Restricted Da1N*^ (over $500) Domestic Return Receipt 1 RECEIVED JUL 2 6 DCM WILMINGTON, NC Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission hermit 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 42-18 Issued to Dennis Duke, 225 S. Main Street, Fuquay-Varina, NC 27526 Authorizing development in New Hanover County adj. to a canal off the AIWW, at 1330 Final Landing Road, Wilmington , as requested in the perrnittee's application dated 11/14/17 (MP-1). revised 1/10/18 (MP-2), 1/9/18 (MP-3 & MP-4), incl_ attch'd workplan dwgs (3), Dwg 3 of 5 dated 4/15/17, & Dwgs 4-5 of 5 dated rev. 1/10/18. This permit, issued on May 10t2018 , 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. Docking Facility 1) 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 this expanded 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded docking facility shall be considered a violation of this permit for which the perrnittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. 1/-6' H /•z: Braxton. Davis, Director Division of Coastal Management This permit and its conditions are herkr) JUL 262c.T LQm vaattlispC-Nttee Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 2 of 4 3) 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 or she abandons the permitted activity without having it transferred to a third party. 4) The perznittee shall install and maintain 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. 5) This permit authorizes a maximum of 4 foimalized boat slips. Docking space on the landward side of the floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the northern floating dock. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) 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. Excavation 9) Excavation shall not exceed -4' below the normal low water. In no case shall the depth of excavation exceed the depth of connecting waters. 10) No vegetated wetlands shall be excavated or filled_ No excavation shall take place within 10' of any Coastal Wetlands. 11) The temporary placement of double handling of fill materials within waters or vegetated wetlands is not authorized. 12) No excavation shall take place at any time outside of the alignment indicated on the attached workplan drawings. 13) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded. Coastal Wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any Coastal Wetlands or surrounding waters. 14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. REC JV I JUL 2 6 ACM WILMINGTON. NC Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 3 of 4 Maintenance Clause 15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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. U.S. Army Corps of Engineers Conditions 16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http:/twww.fws.gov/nc-es/mammallmanatee guidelines.pdf. 17) In order to protect anadromous fish, no excavation or filling activities shall be permitted between April 1 and September 30 of any year without the prior approval of the U.S. Arzny Corps of Engineers. 18) The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, NC 28403-1343, email: SAWWeb-NAV@usace.army.mil. 19) 20) 21) General The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee 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_ 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 v tid0ED JUL 2 6 2021. OW WILMINGTON, NC Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 4 of 4 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: The L.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2018- 00110. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 (DWR Project No. 2018-0124), which was issued on 3/12/18. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED JUL 2 6 2021 DCM WILMINGTON, NC ESE "O'N'VNRPM-AVRON 13M1S NIWJ 5 9iZ ?,rooe+a s-ni:a S3110'M"f :AB NNW 1[01lOIJ6O 0014 1[01191,ftO alta '01N `N019NIAIIIM 3NV19NIONd11VNl3 4£1, S11WI1 ONIJa3NO G3SOdOtld / ! / / / // / / / / r / / / / / / / / / / / /f / / DCM WILMINGTON, NC Appendix C — Spoil Disposal Location and Spoil Disposal Permission Letter RECEIVED JUL 2 6 DCM WILMINGTON, NC 1 CM WILMINGTQN • r 0 0 z a w 0 z w 0 z W0 DC LT a 2▪ z oi� z [iw < 0 ¢▪ w aI 07D om Or •ao in to z w 0 z ci z DAVEY Dortch, Andy <adortch@lmgroup.net> 1324 Final Landing Dredging bushardt <bushardt@bellsouth.net> To: "Dortch, Andy" ‹adortch@Imgroup.net> Cc: Greg Finch <gfinch@imgroup.net> Tue, Jul 13, 2021 at 2:04 PM Andy, You have permission to use our dredge spoil island. The spoile must be sandy with shells but not marsh mud. Thanks you, Paula Bushardt President NENHC On Tuesday, July 13, 2021, 09:34:55 AM EDT, Dortch, Andy <adortch@Imgroup.net> wrote: Greetings Paula, we hope all is well. We are writing to request authorization for disposal site use in association with the 1324 Final Landing Road Project. Specifically, we request a one time authorization to place approximately 1,500 cubic yards of dredge spoil derived from the ICWW A site location and plan view drawings are attached. If agreeable, an emailed response granting authorization will suffice for permitting purposes. Thank you, and let us know if you have any questions. Andy Dortch i Environmental Scientist (PM) and Safety Manager Land Management Group i Environmental Consultants 3805 Wrightsville Avenue i Suite 15 i Wilmington NC 28403 Direct: 910.452.0001 x 1921 I Cell: 910.471.5012 i Fax 910.452.0060 LMG LAND MANAGEMENT GROUP a DMA. compare CE VED IUL d 6 PCM WILMINGTON, NC Pietila, Tanya K From: Elks, Katharine B Sent: Thursday, July 29, 2021 10:42 AM To: Pietila, Tanya K Subject: FW: [External] Re: 1324 Final Landing Hi Tanya, Please proceed to process the 1324 Final Landing major permit application for Kyle Warren. The submerged and claim issue was cleared up by Christy below. If you are in the office today would you print this and include it in the file? Otherwise I will add it tomorrow. Thank you! Katharine Elks From: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Sent: Thursday, July 29, 2021 10:29 AM To: Nicely, Margaret S <Margaret.Nicely@ncdenr.gov>; Dortch, Andy <adortch@lmgroup.net>; Finch, Greg <gfinch@Imgroup.net> Cc: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: RE: [External] Re: 1324 Final Landing There is a recognized submerged lands claim at 1330 Final Landing Lane shown on the DMF's submerged lands claims GIS layer. The declaration for O.R. Piner and Jessie M Piner is recorded at 1459/1719 and the recognized area is that covered in the deed at 378/324. The NH Gs doesn't show a tax parcel for the submerged lands, however, (like they do to the two lots to the north, but the DMF claims map only has a claim for 1469 Final Landing and not 1465 Final Landing), so that's odd. The deed that Andy sent from Piner to Duke appears to convey the submerged lands area as well as Lot 8, so an additional notice is not needed to Duke, beyond the notice to them as the ARO of the upland. Thanks! Christy From: Dortch, Andy [mailto:adortch@lmgroup.net] Sent: Thursday, July 29, 2021 9:24 AM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Cc: Elks, Katharine B <katharine,elks@ncdenr.gov>; Finch, Greg <gfinch@Imgroup.net>; Nicely, Margaret S <Ma garet.Nicely@ncdenr.gov> Subject: Re: [External] Re: 1324 Final Landing CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Sparn. I believe this is the property in question. 1330 Final Landing Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 I Wilmington NC 28403 Direct: 910.452.0001 x 1921 I Cell: 910.471.5012 I Fax 910.452.0060 1 On Thu, Jul 29, 2021 at 9:07 AM Goebel, Christine A <Christine.Goebel car ncdenr.gov> wrote: Andy - Submerged lands which were recognized through the claim process are not required to be transferred with an upland parcel —they, like any property, can be transferred as a seller wishes together or separately. However, the owner of the riparian upland and the nearby recognized submerged lands claim often (but not always) are transferred as part of one transaction. Riparian rights on the other hand cannot be severed from the riparian upland, but are a different type of right than private ownership of the bottom. If someone has a deed(s) they would like me to review, 1 am happy to take a look. Christy From: Dortch, Andy [mailto:adortch@lmgroup.net] Sent: Thursday, July 29, 2021 8:57 AM To: Elks, Katharine B <katharine.elks@ncdenr.gov> Cc: Finch, Greg <gfinch@lmgroup.net>; Goebel, Christine A <Christine.Goebel@NCDENR.GOV>; Nicely, Margaret 5 <Ma rgaret. Nicely@ ncdenr.gov> Subject: [External] Re: 1324 Final Landing UTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to 5aa€ . Katharine, we have encountered this situation before. It is our understanding after speaking with Margaret Nicely (copied) that the submerged land claim conveys with the parent property during a sale. In this case Piner sold to Duke who has already been notified. Anyone please chime in if our understanding is incorrect and we can certainly notify - just need an address. thank you Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 4 3805 Wrightsville Avenue I Suite 15 I Wilmington NC 28403 Direct: 910.452.0001 x 1921 I Cell: 910.471.5012 1 Fax 910.452.0060 LAND MANAGEMENT GROUP a company On Thu, Jul 29, 2021 at 8:28 AM Elks, Katharine B <katharine.elks cr,ncdenr.gov> wrote: Hi Andy and Greg, I'm wrapping this Field Report but it was brought to my attention that there is a submerged land claim owned by Ottie Piner within part of the maintenance dredge access channel. We need to notify him/her or the current owner. Send me the receipt when you have it. Piner, Ottie R. OBJECTID_1 155 PID COUNTY i NEW-001 7-000- P001 R03719-002-015- 000 44 New Hanover acre 1 OCName Piner, Ottie R_ Thanks, Katharine Katharine Elks Field Representative - Wilmington Regional Office 5 NC Division of Coastal Management Department of Environmental Quality (910) 796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 Nothing Compares �,.. . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 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: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new four (4) slip docking facility. 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 26, 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 Hook 6433 Page 2315 Prepared by & Return to: I. C. Heanre, II Excise Tax: S 1062.00 BK: RB 6433 PG: 2315 - 2317 2021017174 RECORDED: 04l0712024 NEW HANOVER COUNTY, TAMMY THEUSCH FIVER REALESTATE 11:49:17 AM EXTX S1062.00 BY: ANGELA ENGLISH REGIa1-ER OF OGRDS NC FEE S26 OO DEPUTY ELECTRONICALLY RECXROED Parcel Identifier No.: R03719-Ii02-020-000 If initialed, the property includes the primary residence of at least one of the Grantors, otherwise note as N/A. (per NC GS § 105-317.2) Brief description for the index: Lot 7, Edgewater NORTH CAROLINA GENERAL WARRANTY DEED Aa THIS DEED, made this a day of March, 2021, by and between GRANTOR JASON RUEGG, unmarried GRANTEE KYLE MICHAELWARREN, unmarried Mailing Address: Property Address: 6452 5hinnwood Rd. 1324 Final Landing Lane, Wilmington, NC 28409 Wihn igion, NC 284] ] 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: NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sel 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: EXHIBIT "A°' ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recordeiR EC E IVE D in Book 6398 at Page(s) 914. submitted electronicall by "3.C. Hearne, II, Attorney at Law" in compliance with North caralina statutes governing recordable documents and the terms of the subraitter agreement with the New Hanover county Register of Deeds. ACM WILMINGTON, NC JUL 2 6 2021 nook 6433 Page 2316 If any, by acceptance of this Deed, Grantee shall be a member of the Owners Association, and shall abide by all rules and regulations of the Association specifically including payment of all assessments when due. Failure to pay such dues may result in liens being placed against the property and could result in foreclosure. 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 2021 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. (SEAL) STATE OF North Carolina COUNTY OF New Hanover 1, a Notary Public of the County and State aforesaid, certify that Jason Ruegg, Grantor(s), personally appeared before me this day and acknowledged the due execution of the foregoing instrumenL Witness my hand and official stamp or seal, this L2"day of March. 2021. i MICHELLE SULLIVAN Noiary Public, North Carolina New Hanover County My Commission Expires September 27, 2025 1 (Official Seal) t Signature of Notary Public " 11 ..l ie ki Vt.`„ t Notary's printed or typed name My commission expires: 09/27/2025 RecelvErs JUL 2 6 2021 ACM WILMINGTON► NC Book 6433 Page 2317 "EXHIBIT A" BEING all of Lots 7 including the marsh hand or sound immediately in from said Lot 7 as shown on Ate Official map of Edgewater Subdivision, made by J.L. Button, Civil Engineer, in July, 1926, and of recorded in the Office of the Register of Deeds in and for New Hanover County, North Carolina, in hook of Map 2, at page 113 to which map reference is herein made for a snore particular description, TOGETHER WITH a right of way over and through Lot #I2 as -Shown on plat; the said lot extending from 130 thirty foot road to a fresh water lake. TOGETHER W1TI3 easement is favor of Lot 7 and over Lot 8 for the purpose of installing a sewer lute, septic tank, and drain field and described more particular as follows: Beginning et a point in the northern line of Lot 7, said point being located North 50 deg. West 420 feet from the southeast comer of Lot 8 and the northeast corner of Lot 7, thence frorn said point, North 3I deg. East 81 feet; thence North 60 deg. West 50 feet; thence South 30 deg. West 25 feet; thence South 60 deg. East 40 feet; thence South 30 deg. West 56 feet to the north line of Lot 7, thence with the northern line South 60 deg. East I0 feet to the point of Ong. Less and except all those pareeis of land conveyed in Deed Bonk 3690, page 322; Bank 4592, page 732; and Boot; S$60, Page 2305 The improvements thereon being commonly known as 1324 Final Landing Road, Wilmington NC 28411. Being the same lot or parcel of ground which by Deed dated Fehnvary 14, 1995 and recorded among the Land Records of New Hanover County, Ststeof North Carolina, in Book 1855, page 373 was granted and Conveyed by and between Jessie M. Piner, unto Michael R. Piner and wife, Jean Piner. Together with improvements located thereon; said property being located at 1324 Final Landing Ln, Wilmington, NC 28411 North Carolina R CE V ED JUL 2 6 2021 DCM WILMINGTON, NC 5 • < W F— (Qii w ❑ Q ZOoo0 < z ww J 0• 0Go �rj_ co w w a. ¢ni ww�# zU2F- 3 z� WazLt o 10 w w • Z W ¢ W CY ¢ : D COW¢w ¢ Qic7U o < ¢ O o3 (/)Zc'lO¢ w F- 0.=nicn� z y crD itp 0 z_ — N 2O `-'4 (V • Z 0 Q u_ Z a W 0w0 zom • <Zwu �o2r aEtacn acn.cc co er x obaw z o wQw >Qa ¢¢c~n� r00ouZ1 U)ZcgU-1 W OWN CO NI' z / / / / / f • / / / / f / / / / f/ / / / / / // / / / / / / / / / / / / MENTAL PERMITTING ONLY. Coastal Wetland Line Parcel Boundary --- co (] 7 a) [6 C � J < 0 a E Z 5 Water Depths CS L?t;M WILMINGTON, NC • C C o0 m O 0) a) 0) 0 co a) O 0 CL `^ 0 VJ a� 4) Existing Pierhead Line Proposed Dredge Boundary Riparian Corridor 0 co NLW Elevation 0 Ls) 0 0 O I 0 0 o 0 NLW Elevation co 0 0 0 0 0 Q o 0 0 U a) Cs C 4- O a) LP f6 J Z ;1- 0 a) c4 c O m a) 0) a) N O O 0 to 0 0 Profile A Detail ti 2 00 00 9 z z 0 z zz N n 7 w zz wD Z Ow t1 z H gw zcc oc. ❑ ❑ate wa— a z ›- Z Z ❑ z❑a w ''u7z daw W 0 7a0) Ewa awF F h z (lJ Oz �J w O z DCM WILMINGTON, NC ■ i i C:SUserslwd00091Desktop11324 Final Landing.dwg J > Z 4 0 z F • w lllllJJl....ffff,,,, �+ N �� N N Z N O Z N N O r N d' Li_ N 5 • Q z w C7z• �}¢ Z 000 ~w 0 0 E- w Q z wisco Z U �Q�ar wwa - y Q 2 z W l m z Z • z 0 �" Z<auJw aco¢>z a 0J 0 w z • z ¢ u, 0 W¢ W1 0) J w'Q w LL U) w • Q�2 • U w 0 ~ N ¢ Z 0o0¢w Z N U J w H 0PfV Ci�4i t0 N 0 O O 0 E 0_ 0 0 c6 Major Permit Fee Schedule Project Name: 13a -Ehg La County: N- Check No & Amount: 9.I 3/ A 4 o0 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: IIl(A). Private, non-commercial development, if General Water Quality Certification No 4175 can be applied_ $250 100% ($250) 0% ($0) II!(B). Public or commercial development, If General Water Quality Certification No. 4175 can be applied: $400 100% ($400) 0% ($0) II(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: $40a 60% ($240) 40% ($160) EV- Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas'. $475 60% ($285) ...i.AN.. 40% ($190) o