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20071081 Ver 2_CAMA Application_20211122
NORTH CAROLINA Environmental Quality November 22, 2021 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Office: 252-808-2808 Fax: 252-247-3330 cameron.luck(a-)ncdenr.gov SUBJECT: CAMA Major Permit Renewal Review Applicant: NNP IV Cape Fear River, LLC #92-07 Project Location: 4410 River Road, River Lights S/D, Wilmington ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoastal Management DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Cameron Luck at the address above by December 20, 2021. If you have any questions regarding the proposed project, contact Bryan Hall (910) 796-7423. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the renewal request as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 Please refer to the above attachment(s) for materials associated with a renewal request for an active CAMA permit. It has been determined that "no substantial development' has occurred on site since the last permit action. Due to this determination, the active permit cannot be renewed under CRC rule, but the rule does allow for circulation of the request to resource agencies to provide comment to any changes in circumstances or site conditions, or changes in your agency's rules or development standards that warrant a new application and CAMA major permit review. Therefore, DCM is requesting that your agency review the above materials to determine if site conditions or circumstances, or agency rules would prohibit DCM from issuing a renewal of the CAMA permit. Please provide comment within 21 days of receipt of this email to any changes in site conditions or rules that would prohibit DCM from issuing a permit renewal. If no reply is provided within 21 days of receipt, then DCM will assume that your agency intends a NO COMMENT. Permit Class Pemait Number NEW (Express Permit Program) 92-07 STATE OF NORTH CAROLINA Department. of Environment and Natural Resources and Coastal Resources Commission }° JUL 3 1 c007 for Morehead City 10 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to NNP-IV Cape Fear River LLC 2528 Independence Blvd. Suite 200 Wilmington, NC 28412 Authorizing development in New Hanover County at adi. to the Cape Fear River, along River Road in_.___ Wilmington,NC, as requested in the permittee's application dated 6/13/07, including the attached workplan drawings all dated 6/14/07 and wetlands delineation map revised March 2007. This permit, issued on 9,007 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 oe null ana voia. Upland Development 1) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with the. construction of the entrance drive, parking area and boardwalk, including but not limited to the associated grading and filling, all as expressly and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any additional land disturbing. activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. (See Attached Sheet for Additional Conditions) ` hi_. lyQ-nnit action may be appealed by the permittee or othtk.--r qualiflied persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2010 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. H. Gr6gson, Director of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NNP IV Cape Fear River, LLC Permit 492-07 Page 2 of 3 ADDITIONAL CONDITIONS Docking Facility 2) Unless specifically altered herein, this permit authorizes only the access piers, platforms; finger piers and boatlifts, all as expressly and specifically set forth in the permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of these pier facilities without permit modification. No non -water dependent uses_ of structures shall be conducted on/in or over public trust waters without permit modification. 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 abandons the permitted activity without having it transferred to a third party. 4) The permittee 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 structures in order to make them more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of four (4) boat slips. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with. T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) Any portion of the permitted piers constructed 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. Stormwater Mannement 9) Prior to initiation of construction of the approved upland development, the applicant shall apply for and receive a stormwater management plan approval from the Division of Water Quality A copy of the stormwater management plan approval shall also be provided to the Division of Coastal Management. Any violation of the permit approved by the Division of Water Quality shall be considered a violation of this CAMA permit. NOTE: The Division of Water Quality has an approved stormwater plan for a portion of the subject property. However, the approved plan excludes the proposed driveway and parking area. The existing approval is covered under the stormwater management rules of the Environmental Management Commission by way of Express Stormwater Permit No. SW8070526. NNP IV Cape Fear River, LLC Permit 992-07 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments.in adjacent. waters - 11) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) must be implemented to ensure that eroded materials do not enter adjacent. wetlands, watercourses and/or properties. Cultural Resources 12) Prior to any ground disturbing activity within the project area, the permittee shall implement a data recovery plan for an area within site 31NH747 and site 31NH456. All activities associated with the data recovery plan shall be coordinated with the Office of State Archaeology through the North Carolina Department of Cultural Resources, located at 507 N. Blount Street, Raleigh, NC 27699. Notification of successful completion shall be provided to the Division of Coastal Management. General 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 14) The permittee shall contact the Department of Transportation at (910) 754-6527 to determine if a permit is required for a driveway connection to River Road. If required, this approval shall be obtained and a copy provided to the Division of Coastal prior to the initiation of any development activities authorized by this permit. 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 U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 2007-02319-065), which was issued on 7/19/07, NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee may be required to apply for a submerged land lease.from the Department of Administration's State Property Office. Contact the Department of Administration's State Property Office directly at (919) 807-4650 for this determination. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 30 feet of the aorinal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. DCM MP-11 APPLICATION for t fl k r Major Development Permit (last revised 7227M6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name NNP IV Cape Fear River, LLC Project Name (if applicable) River Road Property Applicant 1: First game Jay MI NA Last Name Smith Applicant 2: First Name NA Ml NA Last Name NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2528 Independence Blvd., Suite 200 PO Box NA City Wilmington State NC ZIP 28412 Country New Hanover Phone No. 910 - 790 - 9901 ext. NA FAX No. 910 - 790 - 3111 Street Address ftf different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name Ml Last Name Greg S Finch Agent/ Contractor 2: First Name MI Last Name William S Morrison Mailing Address F252B20x City State Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 0001 ext. NA NA - ext. FAX No. Contractor # 910 452 0060 NA Street Address (if different from above) City State ZIP 3805 Wrightsville Avenue Wilmington 28403 - Email gfinch@lmgroup.net � J U 11 1 � 21101 <Form continues on backs gfVlS[pN =OASTAL MANAGEMENT Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover River Road 1100 Subdivision Name City State Zip NC 28412 - Phone No_ Lot No_(s) (if many, attach additional page with list) - - ext. NA, , 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CA'pf' F:: � 62tJA2 $/15- r-, Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +1- 15,132' +l- 56,932,920 s.f. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 0' to 13' ®NHW or ❑NWL e. Vegetation on tract Native grasses and chubs and trees. f. Man-made features and uses now on tract Existing mulch access drive g. Identify and describe the existing land uses adjacent to the proposed project site. Residential, business, and commercial uses. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? PD (Attach zoning compliance certificate, if applicable) ®Yes [:]No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? S&ME 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ❑NA National Register listed or eligible property? <Form continues on next p 1Ce b 5 111Y 1M: JUN 15 2007 -- - -- DIVISION ne - - f�.52-85.9 8-2808 .. -i-608-4RCUAS`u nQQA &TALMARAGEMEN T Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (H) Are there coastal wetlands on the site? ®Yes []No (M) If yes to either (t) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑PrivatelCommunity b. Give a brief description ofpurpose, use, and daily operations of the project when complete. The purpose of the proposed project is create water front access on the site for the purpose of sales of future development. 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. Standard construction methods and equipment will be used for the construction of the dock system and boardwalks. Equipment will be stored on the upland portions of the propery. d. List all development activities you propose. Construction of a four slip boating facility, crabbing docks, and boardwalks. The existing mulch access drive will be extended and include parking per County regulation. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 4780 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges are proposed with this application. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA im. /1% V9 7 V N If yes, will this discharged water be of the same salinity as the receiving water. 7WA s o ;qqA RA j. Is there any mitigation proposed? es No If yes, attach a mitigation proposal. Mm PWA <Form continues on back> DIVISION OF COASTAL MANAGEMENT ����A�tig��FiOt� o, •i-ffi��m��CR..t����' .. �nre�,r9nsara�;cea�st;�ld�aeo�a����^ratn6ro:�t Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit B. 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 Watermark MarinaNVilm LLC Phone No. NA Address 3526 River Rd., Wilmington, NC 28412 Name Nathan S and Judia B Sanders Phone No. NA Address PO Box 3167, Wilmington, NC 28406 Name Carolina Power & Light Company Address PO Box 1551, Raleigh, NC 27602 Name NCDOT Phone No. 910-251-2665 Address 300 Division Drive, Wilmington, NC 28401 Name Bill Clark Homes of Wilm, LLC Address 430 Eastwood Road, Wilmington, NC 28403 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA 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 properly 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. 17. Certification and Permission to Enter on Land l 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 kn wiled Date Print Name VESignature JUN 15 2007 Please indicate application attachments pertaining to your proposed project. DIVISION OF ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CQ TAL MANAGEMENT Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit MDCM MP-3 Upland Development ZDCM MP-4 Structures Information [)1111sJ0N 01 COASTAL MANAGEMENT Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One Elevated slatted wooden boardwalks c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre), ditches, etc. NA ^-4,780 s.f. for proposed mulch access drive and parking. 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? []Yes ONO ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by imperious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Zero 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. Less than 1 % Describe proposed method of sewage disposal. NA I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industriall commercial effluent, "wash down" and residential discharges). None proposed f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for imperious surfaces. Mulch only 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? []Yes ®No ❑NA (il) if yes, list the date submitted: k. Have the facilities described in Item (I) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No A� r,�IV E If yes, attach a pr ri JUN 1 5.2007 DIVISION OF COASTAL MANAGEMENT r ip a•�v� .��]��e Fl E.�.:�i .) kl�'--�, ��.�:SE.,s f�..�:.. .�"�JA�9'r,"9, C,: .=P,'�,_ ,f-r�e�s., _: �'�i� �, m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) NA o. When was the lot(s) platted and recorded? NA Date Project Name C- Applicant Name Applicant S@nature n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ®No [DNA D SUN 5 2007 W\jISION of COASTAL MANAGEMENT Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ®Commercial ❑PubliclGovernment ❑Private/Community c. (t) Dock(s) and/or pier(s) (li) Number 2 (iii).Length I@144' from MHW to Gangway_ 1 0- 254' from MHW to End. (iv) Width 1 Cc� 10' (Except B' over Coastal Wetlands); 1 6' (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ONO If yes: (ii) Number 3 (iii) Length 32% 29'. 29' (iv) Width 6.2', 29'. 29' (v) Floating ®Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (1) 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 and/or channel ®Open water; no dredging required ❑Other; please crit CE IVF. D �uN � 5 zoo/ k• Typical boat len DIVISION OF COASTAL MANAGEMENT [I This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO d. (i) Are Finger Piers included? ®Yes ONO If yes: (ii) Number 3 (iii) Length 33' (iv) Width 3_;5' (v) Floating ®Yes ONO f. (i) Are Boatlifts included? ®Yes ONO If yes: (ii) Number 4 (iii) Length 12.5' (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 [:1 Dockage, fuel, and marine supplies j] Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: 4 Lift Slips j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed power boats I. (i) Will the facility be open to the general public? m. (i) Will the facility have tie pilings? []Yes ®No ❑Yes ®No (11) if yes number of tie pilings? 2. DOCKING FAC&IMMARINA 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: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. Flow 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? B JUN t A COASTAL MANAGEMENT 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 []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 ❑WL []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 ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (4) 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, Excavafion and Fill.) J@ This section not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number []Commercial ❑PubliGGovemment ❑PrivatelCommunity G. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. (L; 6 I e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Greater than 15' Note: For buoy or mooring piling use arc of swing including length of vessel. c. Width of water body —1300' e. (i) Will navigational aids be required as a result of the project? ❑Yes MNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. ^-1800' d. Water depth at waterward end of structure at NLW or NWL -4' MLW 8. OTHER ❑ This section not applicable a. Give complete description: Go/�310� Date (L: U�F Rom Project flame Applicant Name Li r�u � Applicant Signa re JUN 15 2007 D COAS AFL M NAGBq.ENT p� ep E Site Location Map NTS Watermark MarinalWilm, LLC 3526 River Road Wilmington, NC 28412 Property Extends 700' (To Barnards Creek) NCDOT 300 Division Dri Wilmington, Wilmington, NC 28401 Bill Clark Homes of Wilm, LLC 430 Eastwood Road Wilmington, NC 28403 b 4Cha I Width �N (0 Co tour) sed _ > q ccsr i u er Li it` o ` k ng o° sta Mrs „r /J x LIB O� 404 Wetlands I �M �0Joint C�° st` Wetl fi L n r 'IE er� i- 75' 4EC I ce I ' 1 a b �J Oa J 1 I ? COI) Line _ Carolina Power &Light Co PO Box 1557 Raleigh, NC 27602 NCDOT 'J 1 300 Division Drive Wilmington, NC 28401 Nathan S and Judie B SandersPUD Property Extends 12,000' Wilmington, Boxlmingtton,on, NC 28406 (To Mot ts Creek) R Jl'oWi(clvED JUN 15 2007 DIVISION OF Mulch Access Drive and Parking to Avoid Significant Trees. ' OASTAL MANAGEMENT Veritical Datum Is NAVD 88. Legend Water Depths Are Relative To MLW. COD Line30' Buffer - - - - - - - ______ __ 75' AEC Line -------- DxLaM MaHre BWNure O.Ig— antl D. by: THIS MAP IS BASED ON ORIGINAL MHW Line DRAW INGSANDIORSURVEY Joint Coastal/404 INEORNATION HROM: 404 Wetland 0 Wetland Line 4NIFIMQ&CREED MAl2t1VE LANO MANAGEMENT IS NOT RESPONSIBLE FOR LOCATING, OR THE Prolecr. c u^^ems PURPOSES OLY Y USHOWN ON ON THIS PLAN HAVE III IN . filidlo'i NA BEEN OVIDEDSVTiIRDPANARTIESANDAREFORGENERALREFERENCE LMG ITISTHE RESPONSIBILITY OF THE OVMERIAPPLICANT Applicant S M. .bb Number ANDIOR CONTRACTOR TO CONTACT A PROFESSIONAL UTLTIY LAND MANAGEMENT GROUP— viC.—I,— NNP IV Ceps FeerRMer, LLC ® ,^_y5rc M-o&EBB LOCATING COMPANY En ronmental C.—I, nrs 0 75 150 300 Post Office Box 422 Title: Dawn ay. Bneel Number. Wlm!,,Io,. Nu11 GarDlina 211112 Site PL-1, Em-g- Pmpwetl Ou�tlitions GSF t af'I Tele hone: 916-0E2-0OC' 32' Doc Spine c Lift hp 4f x20' Ga gway ' I p') 1 'x16' Co red,, icy ' G zebo Wit 6/ Welk Arou d r 1 N i=� i •' o '�� o I I � 30. 6. 2' 6' Ide Over l Coast Wet nds Ln 10 ide Fix Acces Pier \ �'• g ML Contour) `, o 5 . 73 Outer Limits of Coastal Marsh �` I / J �a6y Wide SlattedElted Boardwalk .. 7 75' AEC \ L• 12 Joint Coastal/ 404 Wetland Line MHW n 30' Buffer — d 7 :\ 16' 16' Covered Gaz bo, 6' ide Fixed ! ccess Pier ! I 0 ECEIVRMn Veritical Datum Is NAVD 88. A JUN 15 2007 —jju Water Depths Are Relative ToMLW. DIVISION OF COASTAL MANAGEMENT Legend COD Line 30' Buffer - - - - - - - 75' AEC Line — — — — MHW Line ----------- Coastal Wetland Line LAND MANAGEMENT IS NOT RESPONSIBLE FOR LOCH 6. OR THE "CATION OF, UTLRIES. ANYIIT URES SHOWN OH THIS PLAN HAVE BEEN PROVIDED BYTiIRD PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY IT IS THE RESPONSIBILITY OF THE OV.MERIAPPLICAM ANDIOR CONTRACTOR TO AN OR AQTCOMROFESSIONAL UTILITY Dock and Marina Structures Designed and Drawn by: A MAI2IIVE TBASED ON ORIGINAL HDRAYNNGS AN"'SURVEY INF0F.T'TIO)/N�F�RO//M''R EM D.. River-B. .1 WOr ismn Oetw NA LMG Applicant! S®le: Job Number LAND MANAGEMENT GROUP �xc NNP IV cape F.Fiv LLC I'=5P 02-08 WB Envlson Office Consultants Title: Post OOffice BDz 2522 Drewn By: eel Number Imington, North Carol'na 28402 Hour sllP "oa Aoa cmbMre Pler"Nall csF zmT Tel, hone: 910352-0ODf X I Wiii xed ! (/A ss F 6' Wide i i i i MLW (0' Contour) it Coastal/` Aland Line 75' AEC Buffer MHW �• Outer Limits of _ Coastal Marsh ��-G' Wlde Veritical Datum Is NAVD 88. Water Depths Are Relative To MLW. JUN 15 2007 DIVISION OF Lee"d COASTAL MANAGEMENT 75' AEC Line COD Line - — —�— 30' Buffer - MHW Line ------- — — — — Coastal Wetland Line - — — LAND MAN (WENT IS NOT RESPONSIBLE FOR LOCArNG, OR THE LOCATION OF, HIN ITIES. ANY OTILRIES SHOWN ON THIS PLAN HAVE BAN PROVIDED SY THIRD PARTIES AND ARE FOR GENERAL REFERENCE PURPOSES ONLY, IT IS THE RESPONSIBILITY OF THEOMERIAPPUCANT ANDIOR CORTRACrOR TO CONTACT A PROFESSIONAL OTRITY LOCATING COMPANY. 0 10 20 40 6' Wid$ Access Ramp \ 90' Wide Fence 1O Dock and Marina Structures Designed and Drawn by: qmwam Mlim � MArrzivE Lj+��•/�+G Rlve FR Stte LAND MANAGEMENT GROUP- Applicant: NNP IV Cep. Fear Rlver, LLC Environmental Consultants Post Otice Box 2522 Title: Wilmington, Narih Carolina 28402 PlerA..ad Boe�amin D 1 Tele Frone: 910d52-0001 THIS MAP IS BASED ON ORIGINAL T /��0{KIN�FT,O'"A/T`'IOAjN�F�RIX VSY 4 M4 BI14I07 iaion OeR. NA bb Numba S.C. n By: GSF Sbret Number. aor] J� 1 1 3 J-4- �J ---c o Zvi o -�� - r� 9 0 i . p�oym omy=pym ;ym � v -------- Cape Fear R_Rivere.�r r?�v/` _ Cape Fear River . nU - nOU , a o * (low) s rt rt =�5 5 meo o ` b n G S o .._, s_ CP m_—� / rl CL f � (D r Q m JUN 15 2007 N �"yYei m VT OF �w ao y ,OASTAL MANAGEMENT o v CD 00 vg °� d �< svo L 1 m m p 1 00 am Oo° o p cn m mo- �� "ID Z m ID Q v e c Cam s p v w X o _ (y o Ki N p p o lit �z 9a Y"z- iva o - d so 0 A 12MSA zoA ny o 5Sm�" No O D Z z r O -G 3,m 101� Z O D -ni �.Z1r �C00 0�W0 q& Ozcn m Z � U cZivccmi x =_ ►y =3< Z�� i mDOO mrzZ x cn -F a �mg= m p C D --5t� � a m a > _ r< zzcms s m0 4 s z JAgatchlim /§ \\ �{ (CODoCD o x _ co Cl L C \ C) ■ | > 00 _ + 2.. (\ ) Q � \ - � e � _ CIA `,z . � � 0 k I!M ])()! 5 + jZ- ) (()o§ S / § q o >!||! ) G ) § /Eo> . JQ7( /(\9 _ =§tee !!;r \2\) m > 0 0 \}\\m • 6 1. _ I : CD : \ z + UI C « k Cl).\\ \ U. �\ 0 Zz ix rr Q -n n7 z w e �ƒ /7A 2= L C . 2 g7) T � 00 C » 0j\ C \/ f; k°= -§% 79 r 2 �- 2 ƒ\ j� CD ,� ,4 4 (k ®- k $ I � @ !!. 2 ��\ u m � ( . \ - � (( � � \\\ !)!]) .._..1 ( §!§)\\ Mlss \\\ > ° � |;|); G ) z e ;{]§) ; g . 3 > ° .. 0 . 0\/9 ` m.awe lfE� \$00 cn 95 /§k : $q00 qLfz g/|�. ` � _ o ; § ! /2 r¥ k ƒ® 3 /k C ; !/ j MatchlIh Permit Class MODIFICATION/MINOR Permit Number 92-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission: Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 1:13-229 Issued to NNP-IV Cape Fear River, LLC, 2528 Independence Blvd., Suite 200, Wilmington; NC 28412 Authorizing development in New Hanover County at adj. to the Cape Fear River, along River Road. in Wilmington. NC , as requested in the permittee's letter dated 1/10/08, including -the work lan drawns 5 all dated "Received Wilmington 2/21/08." This permit, issued on March 3,. 2009 , 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 he cnhiect to fines_ imprisonment or civil action; or may cause the permit to bc, null and void. Boardwalk Relocation 1) unless. specifically altered herein, this minor modification authorizes the relocation of the boardwalk connecting the authorized docking facility and crab pier., all as expressly and specifically set forth in the attached letter and workplan drawings. No other structure, whether fluting or stationary, shall become i permanent part of this docking facility without further review and permit ;modification. No non -water .dependent uses of structures shall be conducted on, in or over pqi tlic trust waters wi.tlhout further permit modiification. 2) The re -alignment of the authorized boardwalk shall be located landward of the normal high water line. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This ( permit shall be accessible on -site to Department personne when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division apprc val. All work shall cease when the permit expires on December 31, 2010 Stgned by tr.,, .autnonty of the secretary ui i ,TuN 1, aliu -.«. Chairman of the Coastal Resources Commission. Jame,, 7.egson, Director ?5��Division of Coastal Management This permit and its conditions are hereby accepted. ID. issuing rttis permit. the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. NNP-1V Cape Fear River, LLC Permit # 92-07 Page 2 of 2 ADDITIONAL CONDITIONS 3) All portions of the boardwalk located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. In order to comply with this condition, any section of the proposed pier width expansion located over Coastal Wetlands is not authorized and shall not exceed a width of 6 feet. Directional Boring 4) Unless specifically altered herein, this minor modification authorizes. the directional boring.of the utility lines, all as all as expressly and specifically set forth in the attached letter and workplan drawings. Any proposal to alter the location, method of installation, or alignment of the utility lines may require further review and additional modification of this permit. Contact a Division Representative at (910) 796-7215 for this determination. 5) No Coastal Wetlands or open water areas shall be excavated or filled during the installation of the utility lines. General 6) This minor modification shall be attached to the original of Permit No. 92-07, which was issued on 7/23I07 and copies of both documents shall be readily available on site when Division personnel inspect the project for compliance. 7) All conditions and stipulations of the active permit remain in force under this minof modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley James H. Gregson, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett &I ✓`'� ��, Permits Section FROM: Jason Dal CAMA k pre s Permit Coordinator, Wilmington DATE: February 25, 2008 SUBJECT: Permit Modification Request CAMA Major Permit No. 92-07 FER 2 6 2008 NNP IV -Cape Fear River, LLC New Hanover County rehlaad i The permittee, NNP IV Cape Fear River, LLC, is requesting a minor modification of State Permit No. 92-07, to widen a portion of the access pier leading to the docking facility and relocate the approved boardwalks. The permittee is also seeking approval to directional bore beneath Barnards Creek and Motts Creek for utilities installation and receive a consistency determination for the proposed upland development located outside of the 75' AEC. The proposed changes to the piers include reducing the platform footprint (over high ground) and widening a 10' x 40' section of the access pier leading to the docking facility. A small portion of the access pier expansion (3' x 10') would be located over coastal wetlands, just on the waterward side of the normal high water (NHW) line. As proposed, the new design relocates a section of boardwalk spanning north to south and connecting the two piers. The proposed changes include relocating this boardwalk within the 30' Coastal Shoreline Buffer. The need to relocate this structure seems frivolous as it was originally permitted just landward of the buffer and there are no impeding or obstructed views from the original location. The proposed relocation would not impact any coastal wetlands and the entire structure would be located landward ofNHW. Lastly, the applicant is proposing to directional bore beneath Barnards Creek and Motts Creek for utilities installation. The bore beneath both creek would originate outside of the 75' AEC, however, it would be located within "404" type wetlands. The bore would be installed a minimum of 8' below the substrate of each creek. The agent has submitted a check (ck. # 32204) in the amount of $100.00 for the modification request. This Office has no objection to the permit modification request. cc: Wilmington Files Dave Timpy, COE Joanne Steenhuis, DWQ City of Wilmington — John Fullerton 127 Cardinal Drive Extension, Wilmington, [forth Carolina 28405-3845 Phone: 910-796-72151Fax: 910-395-3964 I Internet: http:I/www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ------------ Permit Class Permit Number ,MODIFICATION/MAJOR 92-07 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission rrmt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to NNP IV Cape Fear River LLC, 228 N. Front Street, Suite 101, Wilmington, NC 28401 Authorizing development in New Hanover County at ad'. to the Ca e Fear River, along River Rd. Wilmington , as requested in the permittee's application dated 816109 (MP-1. MP-3) & 12/1/09 (MP-4), incl. attached drawings (12), 1-6, 8 & 12 of 14 all dtd. revised 1211/09, & 9-11 & 13 of 14 all dtd. 8/6/09 This permit, issued on April 23 201 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Facility 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2013 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENK and the Chairman of the Coastal Resources Commission. kA James�7oregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee NNP-IV Cape Fear River, LLC ADDITIONAL CONDITIONS Permit No. 92-07 Page 3 of 5 NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Easement 15) An Easement from the Department of Administration's State Property Office may be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an easement will be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Upland Development 16) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with the construction of the marina and dry -stack storage facility, roads, utilities and associated grading and filling, all as expressly and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any, additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. 17) All portions of the pedestrian boardwalk located within 30 feet of the normal high water line shall be a maximum of six feet in width and shall be slatted, elevated and constructed of wood. Stormwater Management 18) The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW 070672. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. NNP-IV Cape Fear River, LLC Permit No. 92-07 Page 5 of 5 ADDITIONAL CONDITIONS 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 expiration date of this permit has been extended in accordance with Session Law 2009-406. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 091008), which was issued on 1/21/10. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200702319. DOM MP-1 APPLICATION for Major Development Permit le (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Nnp Iv Cape Fear River, Llc Project Name (if applicable) RiverLights Applicant 1: First Name Richard MI L Last Name Croteau Applicant 2: First Name NA MI NA Last Name NA if additional applicants, please attach an additional page(s) with names listed. Mailing Address 228 North Front Street, Suite 101 PO Box NA City Wilmington State NC ZIP 28401 Country New Hanover Phone No. 910 - 442 - 2840 ext. NA FAX No. 910 - 442 - 2850 Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agentl Contractor 1: First Name MI Last Name Jenny Johnson Agent/ Contractor 2: First Name MI Last Name William S Morrison Mailing Address PO Box City State 2522 Wilmington NC ZIP Phone No. 1 Phone No. 2 28402 910 - 452 - 0001 ext. NA NA- ext. FAX No. Contractor # 910 452 0060 NA Street Address (if different from above) City State ZIP 3805 Wrightsville Avenue Wilmington NC 28403 - Email jjohnson@lmgroup.net <Form continues on backs p v.!WV? ° F"'_ m DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover River Road 1100 Subdivision Name City Slate Zip RiverLights Wilmington NC 28412 - Phone No. Lot No.(s) (if many, attach additional page with list) NA - - ext. NA, , I , a. In which NC. river basin is the project located? b. Name of body of water nearest to proposed project &T"r- Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +1- 15,132' +1- 56,932.920 s.f. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Phase 1A, no individual lots platted to date , NWL (normal water level) 0' to 60' ®NHW or ❑NWL (If many lot sizes, please attach additional page with a list) e. Vegetation on tract Native grasses and shubs and trees. f. Man-made features and uses now on tract Existing mulch access drive on Marina Village site. Construction of new River Road alignment and lake underway. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential, business, and commercial uses. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Marina Village is MX-CD, Phase 1A is R7-CD (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, attach a copy. ®Yes []No ❑NA If yes, by whom? S&ME, attached I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 'f -3 OV-4 RCOAST . , u . acceasta I R 2 q"a _rm (.*t;r, � x + � g; a �,�i) hil , — rm DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment Facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the proposed project is to create water front access on the site including an open water boating facility, dry storage facility, kayak/skull launching dock, crabbing docks, and a riverfront boardwalk. Also included is upland development, roads and utilities, associated with Phase 1A located outside and AECs. 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. Standard marine construction methods and equipment wilt be used for the construction of the dock system and a riverfront boardwalk. Land -based equipment will be stored on the upland portions of the propery. d. List all development activities you propose. Construction of an open water boating facility, dry storage facility, kayak/skull launching dock, crabbing docks, and a riverfront boardwalk. Roads and infrastructure for Phase 1A located outside any AP.C$. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 101 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes []No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges are proposed with this application. i. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. 1 <Form continues on backs P4a11,1 ��,,-� rm DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 6. Additionallnfonnation 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 Watermark MarinalWilm LLC Phone No. NA Address 3526 River Rd.,`Wilmington, NC 28412 Name Nathan S and Judia B Sanders Phone No. NA Address PO Box 3167, Wilmington, NC 28406 Name Carolina Power & Light Company Address PO Box 1551, Raleigh, NC 27602 Name NCDOT Phone No. 910-251-2655 Address 300 Division Drive, Wilmington, NC 28401 Name Bill Clark Homes of Wilm, LLC Address 430 Eastwood Road, Wilmington, NC 28403 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. CAMA Major Permit # 92-07 Corp: SAW-2007-2319-065 Stormwater Permit # SW8 070672 (includes Marina Village) Stormwater Permit # SW8 080312 (Phase 1A) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land 1 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 Print Name Y IV1 &, C AL (.Iq Signaturelid Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts Fq)rm DCIVI MP-1 (Page 5 of 5) APPLICATION for Major Development Permit SDCM MP-3 Upland Development JDDCM MP-4 Structures Information 25,2,,808-2G9Gv 1-983-ARGOAST — Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. A dry storage facility for 84 vessels. c. Density (give the number of residential units and the units per acre). 1.65 units per acre in Phase 1A. 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 lead 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? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: 5/2008 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. 0.001 % for concrete dry storage launching pier. 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. 30% Total Development 46.3% Marina Village 24.4% Phase 1A Describe proposed method of sewage disposal Community sewer 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). Surface runoff b. Number of lots or parcels. One at marina village site. 211 lots proposed in Phase 1 A. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Marina Village = 11 acres Phase 1A = 90 acres f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, concrete and other impervious surfaces as necessary under existing stormwater permit 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? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: SW8 070672, permitted 02-14-08 SW8 080312, permitted 04-02-08 k. Have the facilities described in Item (i) received state or local approval? ®Yes ❑No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA ;A If yes, attach appropriate documentation. 2 2" -E -k 1-8884RCOAST care a � �^ �� _ vvvt F 1 1 / ,, �.. - lob n% Page 2 of 2 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Community o. When was the lot(s) platted and recorded? Overall tract platted and recorded on July 31, 1957 Be - 09 Date Riverl_ights Project Name NNP IV Cape Fear River, LLC Applicant Name Applicant nature n. (i) Will water be impounded? ❑Yes ❑No ®NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ❑No ❑NA M'63 i 3i - (4j�J — 1-4 w r i a a revised. 1i26l Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING 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 20 (iii) Length See MP-4 attachment (iv) Width See MPA attachment (v) Floating ®Yes ®No e. (i) Are Platforms included? ®Yes []No If yes: (ii) Number 3 (iii) Length See MP-4 Attachment (iv) Width See MP-4 Attachment (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 40 Wet Slips: 71 Lift Slips: 84 Q[y Storage Slips (ii) Number of slips existing 4 permitted I. Check the proposed type of siting: ❑ Land cut and access channel El Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k• Typical boat length: 30' to 50' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 30 ❑ This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number a)26, 06, 08, d)8 (iii) Length a)30' b)20' c)39' d)44' (iv) Width a)3.5' b)3.5' c) 4.5' dA.5' (v) Floating ®Yes ❑Nc f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number a)71 (iii) Length a)1Z (iv) Width 8L2' 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 ® Dockage ("wet slips") only, number of slips: 40 ® Dry storage; number of boats: 84 ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: 71 Lift Slips j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public? ❑Yes ®No Z 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: 2; Location: Clubhouse - was not proposed in CAMA Major Permit 92-07 ® Showers ® Boalholding tank pumpout; Give type and location: Tie into community system located on Dock 1, see Sheet 4 - was not proposed in CAMA Major Permit 92-07 b. Describe treatment type and disposal location for all sanitary wastewater. Community sewer c. Describe the disposal of solid waste, fish offal and trash. Trash bins and dumpsters at various locations d. How will overboard discharge of sewage from boats be controlled? No overboard discharge policy e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signs proposed to be at the end of pier 1 and pier 2 (see Sheet 4) (ii) Give the location and number of "Pumpout Available" signs proposed. Signs proposed to be at the end of pier 1 and pier 2 (see Sheet 4) f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance activities g. Where will residue from vessel maintenance be disposed of? No maintenance activites In. Give the number of channel markers and "No Wake" signs proposed. Signs proposed to be at the end of pier 1 and pier 2 see Sheet 4) i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. No fuel service provided . j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard policy k. Describe design measures that promote boat basin flushing? NA I. If this project is an expansion of an existing marina, what types of services are currently provided? NA .v., '`N �bii .,.A.��.. �i-wnm CiFi M P-4, e,zkii"14'kn1"op" Pal pol Z'i Zvi' 4! m. Is the marinaldocking 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 ®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 1,617 so ft of potential partial shading from elevated piers ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width (Vote: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z 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 b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑PrivatelCommunity C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL w -3S= _t?li.._ a-v, 'G, GLilF _w F1!. ��. �. .� , 2/2,71T,". 9 lu"` ' 'c';i 4 C's l (', a 'r , , $av3k i.`4 9Y'.- sr is �. G < . ! �t S! a. Proximity of structure(s) to adjacent riparian property lines Greater than 15' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body — 1500, e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. —1800, d. Water depth at waterward end of structure at NLW or NWL -4' to -6' MLW & OTHER ❑ This section not applicable a. Give complete description: A dry storage facility is proposed to be located east of the landward terminus of Pier 1 (northeast of the structures permitted in CAMA Major Permit 92-07, see Sheet 2). The building dimensions are 160' x 139 with an elevation of 40'. The facility will accommodate 84 vessels. Haul out services will be supplied and will access the water via Pier 1 (see Sheet 4). Temporary tie-up will be located at Dock 1, Dock 2 and Dock 3 (see Sheet 4). 12-01-09 Date RiverLights Project Name NNP IV Cape Fear River, LLC Appli t Name r ' LP`) Applicant Si alure �sn !-. �..:.cl. ^fi., ar„� a. �� Fr��'� �s�. ,. 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W 7 Z - z W �o I I II � z 0 O U O�� I I I ll U U �O U I I o ©, H J ¢o I O I O �z¢ =s J ar�I o z Z J - d~ c ¢ U Hag I I O I d I r u rc I ! I II v II N •� I I I / � zrzmUO nrfnooZ N > U o pro li � I o c i �o I �o 5`c i N U s I C O Ii _ � I Y' d— Xo a w < s� V % oNo he. I I ! I J N X h � 14 II I Illlll I 4cQ al I I II ! I I, II , I II I I I I I I I I I �a e� I I I I N l C M I,. L L , L O O_ d d d N L 'O 3 d O cc;p_�II H d potg d b d} c '��01�o O(0am W ? a c N ❑ :.: Y > m z � a V X O O>❑ 3 d -0° ❑ , NII Ib Ild'I --I +O w � M ❑ rl I MI h, � I 0 a) Y Y ''' Z m F > Permit Class MODIFICATIONfMAJOR by CRC Variance STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission %34L "t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 92-07 Issued to NNP IV Cape Fear River LLC c/o Bill Mumford, 13777 Ballantyne Corporate Place, Suite 550, Charlotte, NC 28277 Authorizing development in New Hanover County at Cabe Fear River, 4410 River Road, as requested in the permittee's application dated 4/221.I including the attached work lan drawings 8 all dated 4/22/13 This permit, issued on Ma reh 7, 2614 , 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. Marina 1) Unless specifically altered herein, this permit authorizes the relocation of the (4) navigational aids, the waterward extension of the authorized marina piers, and the lengthening of the (6) finger piers on the southern most dock to 30' and other structures and uses that are expressly and specifically set forth in the permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This permit authorizes a maximum of 1 new formalized boatslip for a total of 112 formalized boatslips associated with this marina. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DEM MP-1 REaWED APPLICAi'ION for MAY 3 0 2013 Major Development Permit T)CM-MUDWY (lest revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Nnp Iv Cape Fear River, Llc RiverLights Applicant 1: First Name MI Last Name Bill Mumford Applicant 2: First Name MI Last Name NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 13777 Ballantyne Corporate Place, Suite 550 NA Charlotte NC ZIP Country Phone No. No. 28277 USA 704 - 887 - 5946 ext. NA r7O4- 363 - 7195 Street Address (if different from above) City State ZIP NA Email bmumford@newlandco.com 2. AgentfContractor Information Business Name Land Management Group, Inc. Agent! Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Jenny Sheridan Mailing Address PO Box City State 3805 Wrightsville Avenue NA Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910 - 452 - 0001 ext. NA NA- ext. FAX No. Contractor # 910 452 0060 NA Street Address (if different from above) City State ZIP NA Email smorrison@lmgroup.net-, jheridan@lmgroup.net RECEIVED <Form continues on back> DCM WILMINGTON, NC APR 292013 252-008.2808 .. 1-888.4RCOAST .. www.nccoastaImanagernent.not Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address DCM MHDMY State Rd. # New Hanover 4410 River Road 1100 Subdivision Name City State Zip RiverLights Wilmington NC 28412 - Phone No. Lot No.(s) (if many, attach additional page with list) NA - exL NA, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +1- 15,132' +I- 56,932,920 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or No individual lots platted to date, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0' to 60' ®NHW or ❑NWL e. Vegetation on tract Native grasses, shrubs and trees. f. Man-made features and uses now on tract Existing mulch access drive on Marina Village Site. Construction of new River Road alignment and lake underway. g. Identify and describe the existing land uses admiacent to the proposed project site. Residential, business and commercial uses. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Marine Village is MX-CD, annexed water area is MX. (Attach zoning compliance certificate, if applicable) NYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA If yes, by whom? S&ME I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? Form continues on next page> RECEI DCM WILMINGTON, NC APR 2 9 2013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaImanagement. not Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No RECEral) (��) ii Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No MAY 3 0 2013 (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None DCM-MMCffy o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government MPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the proposed project is to relocate the permitted marina and fork lift pier out to deeper water depths. 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. Standard marine construction methods and equipment will be used for the construction of the dock sysytem. Land -based equipment will be stored on the upland portions of the property. d. List all development activities you propose. Relocation of a previously permitted open water boating facility. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? The modification request proposes no change to disturbed land area. ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No MNA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state. No new discharges are proposed with the application. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No MNA j. Is there any mitigation proposed? ❑Yes []No MNA R E C E I V E If yes, attach a mitigation proposal. <Form continues on backs APR 2 9 2013 I, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 Carolina Power and Light Company Phone No. NA Address PO Box 1551 Raleigh, NC 27602 Name NCDOT Phone No. NA Address 300 Division Drive Wilmington, NC 28401 Name CXA 10 Corporation clo Jennifer Chandler Phone No. NA Address 6000 Legacy Drive 4E Plano, TX 75024 Name Cape Fear Community College Phone No. NA Address 411 N Front Street Wilmington, NC 28401 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit #92-07 SAW-2007-2319-065 Stormwater Permit #SW8070672 GP Project #07-1335 (Isolated Wetland Impact) h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review ageRg4, enter on the aforementioned lands in connection with evaluating information related to this permit application nd follow-up monitorinq of the project. further certify thattheinformation provided in this application is truthful to the best of my knowledge. Dale �f '�2"IJ Print Name �rrc��✓It�-' �hCv'l�tr�t, lP.Gt� Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development MAY 302013 DCM-MEIN CffV RECEIVED JCM WILMINGTON, NC APR 292013 252.808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement-net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1, Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: NCommercial ❑Public/Government OPrivate/Community c. (i) Dock(s) and/or pier(s) (k) Number 17 (iii) Length See MP-4 attachment (iv) Width See MP-4 attachment (v) Floating NYes NNo e. (i) Are Platforms included? NYes ❑No If yes: (ii) Number 2 (iii) Length See MP-4 Attachment (iv) Width See MP-4 Attachment (v) Floating ❑Yes NNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 40 Wet Slips; 72 Lift Slips (ii) Number of slips existing 111 on existing permit i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel NOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 30' to 50' El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo d. (i) Are Finger Piers included? ®Yes ❑No If yes: (h) Number a)32, b)4, c)8, d)2 (iii) Length a)30' b)39' c)44' d)40' (iv) Width a)3.6-6.2' bAS c)4.5' d)6.2' (v) Floating ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number a172 (iii) Length (iv) Width all Z 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: 40 N Dry storage; number of boats: no Change proposed to existingpermit ❑ Boat ramp(s); number of boat ramps: N Other, please describe: 72 Lift Slips j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). RECEIVED Mixed types MAY 3 4 2013 T)rM MHD CfrY I. (i) Will the facility be open to the general public? i It_C;E1VE❑ ACM WILMINGTON, NC APR 2 9 2013 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanagement.net revised: 12127106 Form DCM MP-4 (Structures, Page x of 4) m. (i) Will the facility have tie pilings? ❑Yes ENo ®Yes ❑No (ii) If yes number of tie pilings? 30 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: 2; Location: Clubhouse - Authorized in CAMA Major Permit 92-07 N Showers N Boatholding tank pumpout; Give type and location: Tie into community system located on Dock 1, see Sheet 4 - authorized in CAMA Major Permit 92-07 b. Describe treatment type and disposal location for all sanitary wastewater. Community sewer C. Describe the disposal of solid waste, fish offal and trash. Trash bins and dumpsters at various locations d. How will overboard discharge of sewage from boats be controlled? No overboard discharge policy e. (i) Give the location and number of "No Sewage Discharge" signs proposed. Signs proposed to be at the end of pier 1 and pier 2 (see Sheet 4) (R) Give the location and number of "Pumpout Available" signs proposed. Signs proposed to be at the end of pier 1 and pier 2 (see Sheet 4) f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. No maintenance activities g. Where will residue from vessel maintenance be disposed of? No maintenance activites h- Give the number of channel markers and "No Wake" signs proposed. Signs proposed to be at the end of pier 1 and pier 2. 4 Channel markers proposed see Sheet 4). Authorized in CAMA Major Permit 92-07 RECEIVED i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quatity. I No fuel service provided MAY 3 Q 2013 j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard policy T)CM-MU DMY DCM WILMINGTON, NC APR 292013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form 0CM MP-4 (Structures, Page 3 of 4) k. Describe design measures that promote boat basin flushing? NA I. if this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the marinaldocking 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 NNo 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. NCW 1,617 sa ft of potential partial shading from elevated piers. No change from previously permitted facility_. ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes NNa 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 ❑PubliclGovernment ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width !Vote: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If 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.) NThis section not applicable a. Length b. Average distance from NHW, NWL, orw0landZECEWED c. Maximum distance beyond NHW, NWL or wetlands MAY 3 0 Z013 DC`M-MHD CITY 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity b. Number RECEIVED DCM WILMINGTON, NC APR 292013 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Greater than 15' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1500' e. (i) Will navigational aids be required as a result of the project? ❑Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented. d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 1800, d. Water depth at waterward end of structure at NLW or NWL -5' to -6' M LW 8. OTHER ❑ This section not applicable a. Give complete description: -21-13 Date RiverLights Project Name NNP IV Cape Fear River, LLC Applicant Name ame Applican ignature RECEIVED MAY 3 0 2013 DCM-MliD crly RECEIVED DCM WILMINGTON, NC APR 291013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 MP-4 Attachment 1. Docking Facility/Marina Characteristics c. Dock(s and/or Hier(s) Length (ft) Width (ft) Pier 1 569.1 15 Pier 2 207.8 9.2 Pier 3** 241.9 6 to 10 Dock 1 40 8 Dock 2 116.8 9.8 to 17.8 Dock 3 95.7 9.8 Dock 4 98 9.8 Dock 5 69.8 6.2 Dock 6 224.5 9.8 Dock 7 194.2 8 Dock 8 160.5 16 Dock 9 198 8 Dock 10 118 6.2 Dock11 198 8 Dock 12 160.5 16 Dock 13 194.2 8 Dock 14 224.5 9.8 Dock 15 69.8 6.2 Platform 1 28 44 Platform 2 28.33 28.33 fixed fixed fixed floating floating floating floating floating floating floating floating floating floating floating floating floating floating floating See Sheet 4 for Labeling. **Pier 3 is already permitted to 6' in width, Proposed Expansion to 10' in width for safety. RECEWED MAY 3 0 2013 DCM-MUD Crry RECEIVED 0CM WILMINGTON, NC APR292013 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: NNP IV Cape Fear River, LLC-RiverLights Subdivision c/o Bill Mumford 2. LOCATION OF PROJECT SITE: Located along River Road, adjacent to the Cape Fear River, Wilmington, in New Hanover County. Photo Index - 2006: 14-6641 /6642 A-Z, 1-24 2000: 14-140/141, A-Z, 1-141995: 14-144, A-Z, 1-24 State Plane Coordinates - X: 2320990 Y: 145997 Rover File — 0-050310A Lat:341108'47.18116"N Long:77°56'28.26748"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/03/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 04/29/2013 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington/New Hanover County Land Classification From LUP — Conservation, Limited Transition (B) AEC(s) Involved: PT, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private/Commercial (E) Wastewater Treatment: Existing — Municipal (CFPUA) Planned — NIA (F) Type of Structures: Existing — Undeveloped highground Planned — Proposed residential marina docking facility, dry stack forklift pier, loading platform and transient docks (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7. HABITAT DESCRIPTION: [AREA] nRFnr;Fn FII I Fn OTHFR (A) Vegetated Wetlands — "404" and 1,080 sq. ft. Coastal (shaded) (B) Non -Vegetated Wetlands — Open 39,031 sq. ft. Water (incorporated) (C) Other — High Ground (D) Total Area Disturbed: 40,111 sq. ft. (0.92 acres) tL'IV ED (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: Closed MAY 3 0 2013 8. PROJECT SUMMARY: The applicant proposes to extend the footprint of an authorized community marina facility and dry -stack launch site into deeper water of the Cape FF r River. `i� -Ml1f) Cf . RECEIVED � s�: NNP IV Cape Fear River LLC-RiverLi hts Subdivision Page Two p MAY 3 0 2013 9. SITE DESCRIPTION: DCMMHDCffV The project site is located along River Road between Barnards Creek and Mott Creek, adjacent to the Cape Fear River, in Wilmington, New Hanover County. To locate the property from College Road traveling south from Wilmington, turn right onto Sanders Road. Travel west on Sanders Road until you reach the intersection of River Road. Turn right onto River Road and travel north and the property will be located on the left hand side, just beyond Mott Creek. The property spans approximately 1.0 to -1.5 miles in length and ends along Barnards Creek to the north. The subject property totals approximately 1,375 acres and is currently undeveloped. The RiverLights development was voluntarily annexed by the City of Wilmington and a development agreement was entered into on June 10, 2009. The application states that approximately 184 acres within the development, including the Marina Village are zoned MX-CD. The remaining approximately 1,155 acres, including Phase IA, are zoned R7-CD. High ground vegetation at the site consists of Live Oak, Laurel Oak, Magnolia, Pine, Maple, Cedar and Sweet Gum. Understory vegetation consists of Red Cedar, Wax Myrtle and Marsh Elder. The uplands portion of the property (in the vicinity of the proposed piers) is bordered by a narrow section of coastal wetlands approximately 50' in width, which include: Smooth Cordgrass (Sparlina alterniflora), Black Needle Rush (Juncus roemarianus) and Salt Meadow Grass (Sparfina patens). The waters of the Cape Fear River (in the vicinity of the project) are classified SC, by the N.C. Division of Water Quality. The area is designated as a Primary Nursery Area (PNA), by the N.C. Division of Marine Fisheries and these waters are CLOSED to the harvesting of shellfish. The Wilmington -New Hanover County Land Use Plan 2006 Update classifies the area as Conservation. The applicant was authorized State Permit No. 92-07 on July 23, 2007 through the Express Permit Program, which authorized a four (4)-slip docking facility, crabbing pier with gazebo and a section of boardwalk and associated parking area along the waterfront for the development. The applicant received a Minor Modification to State Permit No. 92-07 on March 3, 2009, which authorized the realignment of both authorized piers, directional boring for utilities under Mott Creek and for the relocation of a section of the authorized boardwalk. The applicant received a Finding of No Significant Impact (FONSI) in June of 2008 and completed the SEPA process in July of 2008. The applicant received a Major Modification on April 23, 2010, which authorized the construction of a 111 slip open water community marina, an 84-slip commercial dry stack facility, loading platform, transient docks, boatlifts and a kayak/skull launching pier and platform. It should be noted that the island directly across from the project site is known as Island 13, which was used as a mitigation site for impacts to PNA by the Wilmington Harbor deepening project. The distance between the project site and Island 13 is approximately 1,500' across. The waterward limits of the authorized facility were limited to the S/4 distance rule, which is approximately 375'. A set of existing power lines now maintained by Duke Energy Progress crosses the Cape Fear River in the vicinity of the authorized marina facility (See Sheet 5 of 8). The applicant received a Letter of Refinement on February 7, 2012, which authorized directional boring of an additional 20" sewer line under Barnards Creek, which was in response to a failed 18" sewer line on January 23, 2012. To date, the only construction accomplished under State Permit 92-07 is the directional boring for utilities under Mott and Barnards Creeks, aforementioned. State Permit No. 92-07 is due to expire on December 31, 2013, which was subject to extension by Session Law 2009-406, and as amended by Session Law 2010-177, the Permit Extension Act (See Sheets 1 and 2 of 8 and Project Narrative). NNP IV Cape Fear River, LLC RiverLights Subdivision Page Three RECE1'M MAY 3 0 2013 PROPOSED PROJECT: DCM-MMUM The applicant proposes to extend the footprint of an authorized community marina facility and dry - stack launch site into deeper water of the Cape Fear River. According to the application package, the applicant proposes to construct the authorized dimensions of the open water marina facility and the fork lift drop pad and portions of the temporary tie-up floating docks associated with the 84-slip commercial dry stack facility to the 1/3 distance into the waterbody. The applicant proposes to increase the authorized slips of the open water marina from 111 slips to 112 permanent wet slips, which would provide water access for the residents and guest of the RiverLights development, as would the approximately 425 linear foot section of side -to dockage. To achieve locating the open water marina facility to the 1/3 distance of the waterbody, the main access pier (Pier 3) would extend an additional approximately 160' waterward from the authorized location. In addition, the authorized four (4) navigation aids in the form of pilings fitted with reflectors would be located near the waterward extent of the new location of the proposed marina. The proposed forklift pier dimensions would be approximately 569' in length by 15' in width, which would terminate onto an approximately 44' in length by 28' in width fork lift drop pad. The fork lift pier would span a 70' section of Coastal Wetlands prior to terminating at the fork lift drop pad. Approximately 310 linear feet (potentially 12 wet slips) of side -to dockage would be associated with the commercial marina facility. As proposed, handrails would be placed on the landward side of the temporary docks to prevent possible dockage. This would also be the location of the pump -out facility, which would be on the northern side of the temporary floating dock (Dock 1) of the drop pad. To achieve locating the forklift facility to the 1/3 distance of the waterbody, the pier (Pier 1) would extend an additional approximately 130'. Access to the residential marina facility and previously authorized skull launch and observation piers would be provided via a mulched driveway and previously authorized wooden boardwalk. Based on the application drawings the 1/3 distance of the waterbody would locate these structures approximately s 570' into the waterbody; further, based on the provided hydrographic survey, it appears that the established channel in this location of the river is located at the approximate -7.0' at mean low water (MLW) contour. The application states that extending the open water marina from the 1/4 to the 1/3 waterbody distance would increase the water depth from approximately -3.0' to -5.0' at MLW range to -5.0' to -6.0' range at MLW. The application states that the water depth at the location of the dry stack launch would be increased from approximately -3.5' to -5.0' at MLW. The application also states that the closest adjacent structure along this area of the river is approximately 1,800' (See Sheets 1 through 8 of 8 and Project Narrative). As proposed, the open water marina facility and associated amenities would not be open to the general public; however, the dry stack storage facility and associated forklift pier and temporary docking would be available to the general public as commercial use. Very little information has been provided in previous application packages that detail the activities occurring outside of the 75' AEC. However, as stated a FONSI has been approved by State Clearing House. The applicant has received approval from the NC Land Quality Section, NC Public Water Section, NC Division of Water Quality non -discharge unit, New Hanover County Zoning, etc. Again, the applicant has provided adequate information in previous applications regarding development proposed within the 75' AEC; however, any and all additional development located landward of the AEC remains uncertain. A rudimentary master plan was provided in the original permit application package for State Permit No. 92-07 in July of 2007, and shows the layout of the subdivision; however, only the items being applied for are included in the this application package. No additional authorized high ground development is being included in this modification request to State Permit No. 92-07. NNP IV Cape Fear River, LLC RiverLights Subdivision Page Four Please find below, a list of previous authorizations received to date includes: NC Division of Water Quality — Stormwater Permit #SW8070672 (Marina Village) and SW8080312 (Phase 1): US Army Corp of Engineers —Action ID SAW-2007-00517-065, Letterfrom Archives and History referencing archaeological survey and management plan — NC Department of Cultural Resources — letter dated 6/16/09. 10. ANTICIPATED IMPACTS: The proposed marina docking system would incorporate approximately 27,568 sq. ft. of Estuarine Waters and Public Trust Areas, and approximately 11,463 sq. ft. of Estuarine Waters and Public Trust Areas would be incorporated as a result of the construction of the proposed dry -stack fork lift pier and associated drop pad and transient floating docks. Approximately 1,080 sq. ft. Smooth Marsh Cordgrass and Black Needle Rush would be impacted due to shading as a result of the fork lift pier const ction. The structures would not encroach into the 15' riparian corridor setback requirement The proposed open water marina would extend approximately 450' into a waterbody measuring ap foximately 1;500' across, and the forklift pier associated with the dry -stack b ilding would extend approximately 540' into a waterbody measuring approximately 1,800' across)The proposed syctures would exceed the 114 distance, but would not exceed the 113 distance of the waterbody. The proposed structures would not encroach into the USACE navigation channel setback)Minor turbidity increases may be expected during the construction process. RECEIVED MAY 3 0 Z013 Submitted by: Robb L. Mairs Date: 05/24/2013 Office: Wilmington Property Extends 700' (To Barnar Creek) I , \ Outer Limits` "of 1 oastal Marsh a Channel Widt' Channei Widt �, MLWCoril 's Jason Dail verified the coastal wetland line in the Marina Village in July 2007 as part of the CAMA Permit # 92-07.Coastal wetlands beyond the marina village were delineated by LMG in July 2007. ii Docking Facility Docking Facility Buffer 5' AEC OD Line I 'II Property Extends 12,000' (To Motts Creek) Legend COD Line 30' Buffer MHW Line 75' AEC Line Joint Coastal/404 404 Wetland 0 Wetland Line NOTE: Marina Village Upland Development Authorized With .January 2000 Minor Modification Request. RECEIVED MAY 3 0 2013 Veritical Datum Is NAVD 88. Water Depths Are Relative To MLW. DCM-M MC" N5 w,P1 B—DON�ORI�1— RECEIVED G ;7G�,TI�„DOEa= DCM WILMINGTON, NC M«maa.m APR 2 9 2013 e.,..;amNe �ro,ozs,' Proiem RiverLights Date: Revision Date: Proposed Major Modifintion 04/22/13 NA LMG Job Number: FOR ENVIRONMENTAL PERMITTING ONLY LAN pMANAGEMENTGROUPm Environmental Consultants Applicant NNPIVCape Fear River, LLC Scale: 1"=200 02-t0-088 0 100 200 400 Post once 150, 2522 wlImIngton, Nonn Caroni 28902 T"e: Proposetl Community Boating Facility Modifications Dram By: VJs Sheet Number. 1 of e Teie one: a10.452-0W1 With Permitted Plan Oveda Proposed Fork Lift Pier Proposed Do&k ill F b U RECEIVED MAY 3 0 2013 DUVI -MC'-T' Veritical Datum Is NAVD 88. Legend Water Depths Are Relative To MLW. COD Line30'Buffer - - - - - - - RECEIVED _____ 75' AEC Line — — — — DCM WILMINGTON, N M P a SEGO ORGNA MHW Line Q,�,�IN�S.NnnaeGa�EP ` Joint Coastal/404 NfORMA110N FROM: 404 Wetland 0 Wetland Line APR 2 9 2013 v,ih g 1`h Cxml =1 Pncnc. (S,ulxx-,oaa. r—Rimx,a:n ..w.m=um=rexa.wn, Project: RiverLights Date: Revision Date: Proposed Major Modification 04/22/13 NA LMG Permit# 92-07 ApplicanC Scale: Job Number: FOR ENVIRONMENTAL PERMITTING ONLY LAN OMANAGCMENTGROUP xc NNPNCapeFearRiVe,LLC 1-500' 02-10-088 fnvironmental Consultants 0 250 500 1000 Post Dolt.. Box 2522 Title: Drawn By: Sheet Number: wnmin9ton, North Carolina 2e402 Community Boating Facility Site Plan WS 2 of 8 REMENEEMER Telephone: 910452-0001 i ,Caenn,�mn rnnen cn cc,m-,n.nRP — Rrvnr i—m P. w n,,,,. Rni,lh\RNa.1: nu n - I \ I \1-5 Fork Lift Dro Pad 4'x20' `Gan wa ( v 1 3 Channel Width (Ty\p.) l 1 i 15' Wide Fixed Access 26p \ N and Fork Lift Pier Navigation i 69. }- 116. Tempo ill'i ie-Up B.5 N // Navigation Ai Outer Limits of t Lift Slip Coastal Marsh � 0 .I (TYp-) '1 I Wet Slip 3j, , \/N (Type) �-A 208'x9' I d Pier a Fero 'ose f Pie s 7 i 1 Joint Coastal/ ® a4}. 404 Wetland Line MHW E.� ,a •z •E 0 x CI ��, 30' Buffer Floati - s 2 j 75' AEC r O.a \ \\ 1 J .u1\.GIVL'ti 0' Co tQ1 W MAY 3 1 DCM-tyiFmcny iga o%�O: ( �� (Typ.) I 10 It Veritical Datum Is NAVD 88. Water Depths Are Relative To MLW. Jason Dail verified the coastal wetland RECEIVED X1SMAP15 En°Ir0:Gy, LLe end line in the Marina Village in July 2007 as DCM WILMINGTON, NC ""„ �,�,n�F�M COD Line ------'- 30' Buffer - - - - - - - part of the CAMA Permit # 92-07.Coastal N Krob�e� 75' AEC Line ---------- wetlands beyond the marina village were APR 2 9 2013Im3� No ncapmaxa m MHW Line ----- delineated by LMG in July 2007. PM—P10)--I0es, Ea. celausl 2 Coastal Wetland Line - - - - - - -�_� LMGPermit# Proposed Major Moddicabon 04122/13 92-07 NA Applicant Scale: Job Number: FOR ENVIRONMENTAL PERMITTING ONLY AND MANAGEMENT GROUP Fnvisonmental NNPIVCape Fear RlVer,LLC r=too' oz-to- Title: Drawn By: Sheet Number 0 50 100 200 o'252eanh Post 0 Bon 2522 . oh Wlminglon, Nonh Caroline 28W2 Boating Facility Detail VJS 3 of Tela hone: 910-052-0001 x Jason Dail verified the coastal wetland line in the Marina Village in July 2007 as part of the CAMA Permit # 92-07.Coastal wetlands beyond the marina village were delineated by LMG in July 2007. PUMPOUT LOCATION Dock 1 EmAOA.AIT,E.NA, \ Dock 2 ,TE.eoAAA.--) Platform 1 Irvo WANE Arvo .O .E.A-.1.1NAAOE s� Dock 3 -- Dock 4 Dock 5� - • 1 2� 3 4' 5 2t 6 22 Dock 6 a_ 2; 13 15 31 Dock 7. 32 Try 311 l s III" all .l ' 43 "III I Clock Pier 2 T�4 n a INO WAN�ArvO I 49 - 5� 52 b. R DISCHARDE=,�N; 9 4. to 63 62 61 64 55 Dock ier 3 i I I I I I I I I ' � I 1 I ( v I II \ � I II it f If Pier 1.'\ 4 ' I 569.1- / 1 II II i Permitted) i Boardwalk ; (Unchanged) Permitte/dila rnv 4 i it No Requested I \ Changes To Upland �I�Ijf Development W .—IJ .5 U U� \\\\ ` \ Dock 10/ 2 Dock 11 Dock 12 �= 13 ]4 Platform 2 MAY 3 0 7013 5 m 59a 70 N R Dock 13 �P7 1B Permitted \ TXM-MDCrrV Boardwalks \ (Unchanged) Dock 14 . u " • 4.1 ee .� 09 155 j `\ Wb Permitted Pier ` Dock 15 _ 4 .. m (Unchanged) 3.5 I \\t 1 ✓eritiral Datti n Is NAVD RA Water Depths Are Relative To MLW. Legend RECEIVEC sMAesaAseooNDR�xA COD Line --------- 30' Buffer - - - - - - - DCM WILMINGTON, N%tlFDRMA ON FROM V MHW Line --- 75' AEC Line Ac— APR 2 9 2013� Coastal Wetland Line - - - - - - - P. e,olm— w»w.m.N�E.o»n Project Rwertights Date: Revision Date: Proposed Major Moderation Permit# 92-07 04/22/13 NA LMG 4 Applicant Scale: Job Number FOR ENVIRONMENTAL PERMITTING ONLY LAND MANAGEMENT GROUP mc fnviron--1 Consultants NNPIVCapeFearRIVe,LLC =100' 02-10-085 0 25 50 100 Post Office Box 2522 Title: Boating Facility Detail Drawn By: Sheet Number: wl —gton, No. Camera 28a MP-4 S upplemental Sheet VJS a of 8 : Telephone 910-052-0001 3 Z a Ib g v m o z �N 'xs �z v EtOb 6 9 adv o 0 3 K �$-9 o oZ 3NU�o p' �� bg z d J ON'NOIJNIWlIMW04 �o a ¢ w m„�_<$" w+w in QMQ $ ` ¢ YmEEO Eu z m sloa o N 2 om L w y �duv m¢aa o Z 4- >- S g c O m m ¢ di!!j'3J' 9II m Z U L t N > w of C p — m _ m a) t L L Z °zz \ — _—_ °✓ < - 0 Dryv � xenm� - s —sc N N �g ' u6W?'�''e9 x J -- a - � S j -- _g o g 7 auueq3 K� � C = - o _ L m Lu ¢ �_�_ -_ _,-- - / c L M r � � m a� a 0 �5 w 0 t a F � $ a) cc J J m U UH 6 9 add ON 'NOiONIA�IM WOQ lie �J W LJ R � � N U R - � U _ o m 3 W N O R R 3 r � N oN a R O � 0 o 0 m o 61% Z- O o eca'a- o Gb 9- V O LE + S O lE'S- � O I 009- N O %6'9- O 009- O 66 O � 0 — - _ 009- "0'9- C D1 m c c R U o BLE'9- p - R U 0 c r 0 a a 00 's- o Ol'6- + O ZVV4- O r� I _ - - - b, L + c U LU 69E'Y O + 0 E °u =oE r C_ Z O N Z ' W � J J N - W (n J w <O o a m d m a) N 2 H > N mU Z zw O E~>z E¢ o j p O J L 0 0 n coo ° 0 m Q 0 Z m 0 lil (D m w V N 0 a> °c 0 � zmF w >� Alloammc §E6;wv ON 'NOiSINIA11M AO(] mz#; aR oga,goae IN E = 0 Q � � 0 A 2 �w [ ome@ Co g � . o \ }} \ I § _ |a. <_ +I \\\\ ; G\, CD LUj k. .:..\ \�� / �-- -- � � o ALd (6/ §(. j as /� \)§ \\�\\ zzSE 2§&> 3g§e �Oz3 qG/3 \\}§ eee \E2) - ; E\ye &z/) f y � ) t ;a / 1.-\ \\\ \j/ E E C,00 k\\ 6i ) \) IDF— Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission erm for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 92-07 Issued to NNP IV Cape Fear River, LLC c/o Bill Mumford, 13777 Ballantyne Co orate Place, Suite 550, Charlotte, NC 28277 Authorizing development in New Hanover County at the Ca e Fear River, 4410 River Road River Lights S/D, Wilmin on , as requested in the permittee's application letter dated 618/16, including the attached work lan drawings 2 both dated 616116. This permit, issued on August 4, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, immisonment or civil action; or may cause the permit to be null and void. Marina 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the open water marina and utilization of floating wave attenuators, and other structures and uses that are expressly and specifically set forth in the permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) This permit authorizes a maximum of 112 formalized boatslips associated with this marina. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. i�K Braxton' '. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coitstal Management Program. Signature of Permittee NNP IV Cape Fear River, LLC c/o Bill Mumford Permit #92-07 Page 2 of 2 ADDITIONAL CONDITIONS General 3) This Minor Modification shall be attached to the original permit No. 92-07, which was issued on 7/23/07, the Minor Modification issued on 3/3/09, and the Major Modifications, which were issued on 3/23/10 and 3/7/14. Copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 4) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Resources authorized the proposed project under DWQ Project No. 09-1008 v2. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2007-02319. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Heather Coats DCM Major Permit Assistant Coordinator, Wilmington FROM; Robb Maie1presenttive, ",- DCM Field Wilmington THRU: Debra D. Wilson 11�0 DCM District Manager, Wilmington DATE: June 15, 2016 PAT MCCRORY GMV17tar DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director SUBJECT Permit Modification Request to State Permit #92-07, NNP IV Cape Fear River, LLC c/o Bili Mumford, 4410 River Road, River Lights SID, in New Hanover County Mr. Steve Morrison and acting agent for NNP IV Cape Fear River, LLC clo Bill Mumford is requesting a minor modification to State Permit No. 92-07, The applicant was authorized State Permit No. 92-07 on July 23, 2007 through the Express Permit Program, which authorized a four (4)-slip docking facility, crabbing pier with gazebo and a section of boardwalk and associated parking area along the waterfront for the development. The applicant received a Minor Modification to State Permit No. 92-07 on March 3, 2009, which authorized the realignment of both authorized piers, directional boring for utilities under Mott Creek and for the relocation of a section of the authorized boardwalk. The applicant received a Finding of No Significant Impact (FONSI) in June of 2008 and completed the NC SEPA process in July of 2008. The applicant received a Major Modification on April 23, 2010, which authorized the construction of a 111 slip open water community marina, an 84-slip commercial dry stack facility, loading platform, transient docks, boatlifts and a kayak/skull launching pier and platform. A Major Modification to State Permit No. 92- 07 was issued on March 7, 2014 through a CRC Variance to allow to construct the authorized dimensions of the open water marina facility and the fork lift drop pad and portions of the temporary tie-up floating docks associated with the 84-slip commercial dry stack facility to the 113 distance into the waterbody. This authorization included an increase the authorized slips of the open water marina from 111 slips to 112 permanent wet slips. To date, construction of the authorized structures under State Permit No. 92-07 have not been initiated. State Permit No. 92- 07 is due to expire on December 31, 2017. Mr. Morrison is requesting a modification to State Permit No. 92-07 to allow for the re -configuration of the authorized open water marina utilizing floating wave attenuators. These floating structures would be located along the most waterward and the upstream and downstream ends, which would surround the open water manna. Mr. Morrison states the purpose of the wave attenuators is to provide safer conditions for the community especially with the potential wind and wave conditions in this location of the Cape Fear River, Mr. Morrison also states the proposed reconfiguration of the 112-slip marina would be located within the authorized footprint and would not exceed the 113 as per the CRC Variance. Based on the provided drawings the waterward ends of the proposed wave attenuators and the tandward side of the main floating dock measures approximately 1,165 linear feet, which could potentially provide docking space for an additional 47 vessels 25` in length. The minor modification request does not include re- configuration of the authorized dry -stack building or the associated forklift pier and floating docks. Nothing Compares stale or North Carolina I Environmental Quality. Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796.7215 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY Govenror DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The agent has submitted a check (check No. 46980) in the amount of $100 for the modification request along with the letters provided to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification provided the slip count remains at 112 and vessels are not allowed to moor on the waterward ends of the attenuators nor on the landward side of the main floating dock, and as long as there are no objections from other the agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(5) and the CRC Variance Final Order, By copy of this memo, DCM is requesting that the USAGE, DMF and DWR provide any comment that your agency may have on the proposed project to Heather Coats of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: ✓Tyler Crumbley, USAGE / Jeremy Humphrey, DMF-Shellfish Section Chad Coburn, DWR Doug Huggett, DCM Gregg Bodnar, DCM Lind Painter,l.PO �Nothtng Compares—'..� Stale of North Carolina I Environmental Quality: Coastal Management 127 Cardinal Drive Ext., Wilmington, WC 28405 910-796-7215 inoAni iivaano —i1f ) T �o NISVG HNIMVW aul 'luawa6eueyy g ,(6olouyoal pallddy � � e em�ms w g� oaf 'sa zce V� 1 1 1 } I/ O z w � z� Wo / C. N _ c z ILLI ` U2 I I \ \ �mm I SD� \ i \ I 3 I \ J�oU 1 \ I Kluf 3 1 ( 1 \ 1 H 00 01 M N O � 0 XC_ Z G a J Ln J Ln O O O N N M M I�r Lr) O {n oAvi l,VUBA o eN qV 3 )5 «a__.VAmm¥ ! Permit Class MODIFICATION/MINOR Permit Number 92-07 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission amit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to NNP 1V Cape Fear River, LLC c/o Ank Kerkhoff, 13777 Ballan a Co orate Place, Suite 550, Charlotte, NC 28277 Authorizing development in New Hanover County at the Cale Fear River, 4410 River Road, River bights S/D, Wilmin on , as requested in the perrrtittee's application letter the attached workplan drawings 5 2-6 of 6 all dated 07/31 / 18. This permit, issued on March 21, 2019 _ _ , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the Skull Launching dock, and other structures and uses that are expressly and specifically set forth in the permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The permittee and/or his or her contractor shall meet with a representative of the Division rigriv project initiation. REkD (See attached sheet for Additional Conditions) MAR 2 6 2019 Thin of rmit Artinn may hP annealed by the nermittee or Siened by the authority of the S other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Chairman of the Coastal Resources Commission. the 'P�� - , - A J ��fL Braxton C. Davis, Director vision of Coastal Management This permit and its conditions are hereby accepted, Signature of Permittee ev 4 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Courtney Spears DCM Major Permit Assistant Coordinator, Wilmington FROM: Brooks Surgan �jS DCM Environmental Specialist, Wilmington THRU: Debra D. Wilson(�� DCM District Manager, Wilmington DATE: January 16, 2019 SUBJECT Permit Modification Request to State Permit #92-07 River Lights Marina, NNPIV Cape Fear River LLC Marina Village at River Lights, off of River Rd., Wilmington Mr. Greg Finch, with Land Management Group Inc., is requesting a minor modification to State Permit #92-07 on behalf of NNP IV Cape Fear River, LLC. State Permit #92-07 was issued on July 23, 2007, authorizing a four (4) slip docking facility, crabbing pier with a gazebo, and a section of boardwalk and parking are along the Cape Fear River waterfront. A Minor Modification to this permit was authorized on August 4, 2016 for changes to the community. Renewal of State Permit #92-07 was issued on December 13, 2017. State Permit 992-07 is due to expire on December 31, 2019. Mr. Finch is requesting a modification to State Permit #92-07 to allow for modifications to the existing docking facility. The applicant proposes to replace the approved Skull Launching dock located at the south end of the property with a new fixed pier and platform. The a new 8' wide pier would extend from the existing boardwalk 75' towards the Cape Fear and taper down to 6' wide for an additional 61' until it terminates at the platform. The fixed platform would measure 20' wide by 20' long and would not be covered. Two stairs are proposed on the north side of the fixed pier for water access. No floats are proposed for this project. The applicant has submitted a check (check No. 1275) in the amount of $100 for the modification request along with the letters and proof of notification to the adjacent riparian property owners. As proposed, this office has no objection to the proposed project modification as RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management MAR 2 G 2019 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 -- - - --- 410.796."MS DCM-MWD CITY w - long as there are no objections from the other agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in 15A NCAC 07H .0206 and 15A NCAC 07H.0209. By copy of this memo, DCM is requesting that the DWR, DMF-Shellfish Section, DCM-Fisheries Representative, WRC, and US ACOE provide any comment that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14 days of receipt of this memo. Enclosures cc: Chad Coburn, DWR- Maria Dunn, WRC - V�,Cl t6W n4"4 Lf 2� l� Jeremey Humphrey, DMF-Shellfish Section -M W► wv rP+- Liz Hair, USACE —,<,X Cr,,nn;nv-"+ 214-16ei Curt Weychert, DMF 'YO (pmmt,4-14tt 91 Christine Bouffard, LPO Kathryn Thurston, City of Wilmington Greg Finch, Agent (LMG) NNPIV Cape Fear River, LLC, Owner RECEIVED D � � MAR 2 6 2019 DC.M-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 -- 910.796.7215 O OO O O O O O O O O V W r, Z z W= z z w g w �a ce a� N z z a O �? .al ce (!7 L LJ O Va o oW m Q oC 0° , x �C 9 10 Z I V Z _ ry Z wLU y O M—I Z w y W W j �Y � .J N H Cie Z a J z O O U 0- U W NN I.L.. a Y - O CO W c� g m W z 0 J Ld r m O Q } Q W 0 W ¢r pZ 0 a J W ¢r ziozv� F W O Z �awo �xafw zwoo 0 (AZ 0ir x¢zm w w omW z ILj < l oof- K S J Z r w W O W r M � Z m W M ��r30 U s z» o N ¢�¢r c t Y 3 m z U) w Z 0 a U) 0 Q = O W t- O eo Z N WW C :SLU z Zo o21 Z sg �m a s I I I Ix Q a ?z w gLLJ OJ m C< z mL) Z � o g w 0 LULU 1 Z O � H U z ~ J W ry k J 21d3(1l Sin o z +i a -a+ CL m 2 * 10 5NIlld _ a » $ \ > 2 \ � � e \ / Ld / \} ® m00 } � \� [ -H m \ � � ...-... }uj / e \} r r (A ga««m ai! r so a'lld e p � � ¥ ) \ Jo gd +§ - ) ® -H \ J L- FF co% � z�+ \ \ \ \ _ of x (If 0 / z $\ m ce) z ask\ z |; 9t�e E ( ; S; yy f! � - wee o sa t »38 � zee Y q V y ee O§ 0 tIN3eR} k �$ §$ R C13° a§ E� ■ �j ± U/ a IN38 \ c E 17 / § } � }awe R � � » £ ale see 9I e +tee (� \ 2� e )( :IN3 @ f o]u �|\ �e �w \/ �|) 01� -M�F x c o .s # m .s c S \ ■ « > o . ,o K \ § } F- LU k- 5 » \ ( | q Inv\ z/|\ |! �k f 2\ §< ; � ? \ \ En / 7« § §\ \\ w zo ._ \ e § \ o R/ \w/� \ \ -H§ \ \ V / § & c O = * 6 co\ } ƒ Co ° < & LU f / \ § § F- ry-, 2 @ e -- /33 � ce. uj . � � e /° LO ;\ »« & . � ,• ... 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