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HomeMy WebLinkAbout20211739 Ver 1_CAMA Application_20211202DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Franck, c/o Dana Lutheran 2. LOCATION OF PROJECT SITE: 24 Sandy Point, adjacent to Figure Eight Canal and Middle Sound, Figure Eight Island, New Hanover County. Latitude: 340 16'02.97" N, Longitude: 770 45' 04.40" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/15/2021 Was Applicant Present —Yes 5. PROCESSING PROCEDURE: Application Received—101612021 (initial) 11/30/2021 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Municipal Planned — None (F) Type of Structures: Existing —Private 2 slip docking facility with a floating dock, boatlift, and bulkhead. Planned — Reconfiguration of the existing floating dock, a new 8' by 16' floating dock and new 13' by 13' boatlift. (G) Estimated Annual Rate of Erosion: NIA Source - NIA HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) 297 ft2 (incorporated) (C) Other — High Ground (D) Total Area Disturbed: 297 ft210.0068 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to reconfigure the docking facility by turning the exiting floating dock 900, add a connecting floating dock, and an additional boatlift for a total of 4 slips. 24 Sandy Point, Franck, John Page Two 9. PROJECT DESCRIPTION The project site is located at 24 Sandy Point on Figure Eight Island, adjacent to Figure Eight Canal and Middle Sound, in New Hanover County, The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 0.5 miles. Turn right onto Sandy Point, travel approximately 0.3 miles to the destination on the right. The property is located on a man-made finger of upland adjacent to the man-made Figure Eight Island Canal adjacent to Banks Channel and Middle Sound on the southern end of Figure Eight Island. The 0.35 acre parcel has an existing single family residence and is approximately 10' above normal high water (NHW). Upland vegetation on the property currently consists of ornamental landscaping and lawn grasses. The approximately 110' of shoreline frontage is currently stabilized by a timber bulkhead. Waterward of the bulkhead is a band of Coastal Wetlands comprised predominantly of salt marsh cordgrass (Spartlna alternaflora) ranging from 14' to 20' wide descending into open water. The applicant currently maintains an existing private docking facility. A fixed pier extends east from the bulkhead approximately 20' into the man-made canal, terminating in an 8' by 12' L-head platform. An access ramp extends from the platform onto an 8' by 30' floating dock, positioned perpendicular to the shoreline. A boatlift, measuring approximately 13' by 13' is located on the south side of the floating dock. No permit history was found for the docking facility or bulkhead; however, aerial imagery indicates the facility in the current configuration was constructed sometime before 1993. The private facility accommodates up to two (2) vessels. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to reconfigure the docking facility by turning the exiting floating dock 90°, add a connecting floating dock, and an additional boatlift for a total of 4 slips. The existing 8' by 30' floating dock will be turned 90°, parallel to the shoreline. A new 8' by 16' floating dock would be added perpendicular to the shoreline as a connector from the access ramp to the turned 8' by 30' float. The existing boatlift will remain in place and a new boatlift will be installed on the north side of the 8' by 30' float. The existing pier and platform will remain in place (see Sheet 1 of 1). The proposed new docking facility configuration would extend no further into the canal than the existing, which is approximately 54' in the approximately 217' wide waterbody. Water depths measured by DCM during the site visit on October 15, 2021 are approximately -6 normal low water (NLW) on the waterward edge of the existing floating dock, approximately -3 NLW under the existing boatlift, and approximately -2.6 NLW on the landward end of the existing float. The proposed configuration would not encroach into either neighboring 15' riparian corridors. The adjacent riparian notification for 22 Sandy Point was sent by certified mail to the property owners around November 15, 2021 and was marked as "Delivered to Agent for Final Delivery" on November 18, 2021 and the green card was returned to the agent on December 1, 2021. The certified mail tracking details have been included in the permit package. 24 Sandy Point, Franck, John Page Three 10. ANTICIPATED IMPACTS As proposed, the new floating dock configuration would result in 297 ft2 of additional incorporation of Public Trust Area and Estuarine Waters. The project area consists of open water, no impacts to coastal wetlands or high ground areas are anticipated. The proposed development would not encroach into either of the adjacent 15' riparian setbacks, nor will it exceed the with or pier headline. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: December 2, 2021 Office: Wilmington Soutkern Lnvironmental Group, Inc. 55 15 J9outh Collcge Road, Suite r Wilmington, NC 28+12 24 Sandy Point Drive CAMA Major Project Narrative Prepared for: Mr. John Franck Date: 15 May 2021 REC-EIVEP NOV 2 3 20 QCM WILMiNQTON; NG 24 Sandy Point Drive CAMA Major Permit PN .�F C,i I) Project Information: a) Applicant: Mr. John Franck b) Pender Co. Parcel ID #: R04512-001-014-000 (see Attachment 1) The project site comprised of Lot 24, Section 3, within the Figure Eight community (see Attachments 1). c) Project Size: +/- 0.35 AC (see Attachment 1) d) Length of Shoreline: Approximately 110' (see Attachment 6) c) Waterbody: Topsail Sound & Middle Sound ORW Area / Intracoastal Waterway (Attachment 2) f) DWR Water Classification: SA;ORW (see Attachment 2) g) Primary Nursery (PNA): This area is neither classified as PNA nor Secondary PNA (see Attachment 3) h) Submerged Aquatic Vegetation (SAV): SAV are not known to populate this area (see attachment 4) i) Shellfishing: At the time of this application, the area is temporarily closed to shellfishing (see Attachment 5) 2) Proposed Project: The Applicant is seeking approval to reposition his floating platform and add a boat lift. Please see Attachment 6 for details. 3) Existing Conditions: Currently, a 20' x 6' fixed dock (Component A), with 12' x 8' fixed platform (Component B) extends waterward from the bulkhead. A gangway connects Component B to a 30' x 8' floating platform (Component C), that is positioned so that the long side of the structure is perpendicular to the bulkhead. A boat lift (Component E) is positioned on the right side of Component C. Please see Attachment 6 for details of these structures. Currently, 336 SF, of the available 800 SF of platform area, exists. The project is within a manmade channel and the distance waterward is determined by the width of the waterbody, which is approximately 217.5', measured from edge of marsh to edge of marsh. The Hurst dock is situated approximately 40.3' from Component D, and the Senter dock will be approximately 85.0' from Component E. Water depths, in the area of the docking facility, ranges from approximately -2.0', at the landward end of Component C, to -5.0' at the waterward end. Please see Attachment 6 for details of the existing structures. 4) Proposed Development: The Applicant proposes to rotate Component C 90 degrees and add a 16' x 8' floating flatform (Component F) in its place. Additionally, a boat lift (Component D), with pilings placed at 12' x 12' on center, will be installed on the north side of the rotated Component C. With this plan, the proposed platform area will increase to 464 SF and the number of slips from 2 to 4. Please see Attachment 6 for details of the proposed work. Equipment, such as a barge and pump will be used to transport and install the pilings. Typical building materials will be used to construct the structures. The work is not expected to take more than a few days to complete. Therefore, the barge will be moored, when not in use, in an area where it will not rest on the bottom. 5) Threatened and Endangered Species: To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix 7). 6) Adjacent Riparian Property Owner Notifications: In accordance with 15A NCAC 07J .0204(b)(5), the adjacent property owners (APO), as identified in the permit application, have been notified via certified return mail. The notification included the applicatio a `, for the proposed development, as this project requires a CAMA Major Development Pen -nit Application. According to Page 1 of 13 (10/5/21) NOV 2 3 2021 DCM WILMINGTON, NO 24 Sandy Point Drive CAMA Major Permit PN 1 F Gi the New Hanover County GIS, the following are the adjacent riparian property owners, for this project: Maly Number Parcel ID Owner Mailing Address R04512-001-013-000 HURST GERALD B AMELIA 26 Sandy Point Drive, Wilmington, NC 28411 2 R04512-001-015-000 ISENTER MICHAEL S NANCY M 22 Sandy Point Drive, Wilmington, NC 28411 The APO have been notified. Please see Attachment 8, for copies of the certified mail green cards. 7) Purpose and Need: The purpose of this project is to install an additional boat lift and reposition the existing floating structure to provide access. 8) DWR Pre -Filing Request Requirement: SEGi submitted a Pre -Filing Request Form to the DWR on 6/10/21 (see Attachment 9). However, this project does not require 401 Water Quality Certification. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action, on this CWA 401 certification request, within the applicable reasonable period of time. Summary: In summary, Mr. John Franck is seeking authorization, in the form of a CAMA Major Permit, to perform new work, within Public Trust Waters, at their property, in Figure Eight Island, New Hanover County, North Carolina. The Applicant and SEG believe the proposed plan is consistent with the NC Coastal Area Management Act and the current rules governing work within Public Trust Waters. RJECEIVED NOV 23 mi UQM WILMINGTON, N1G Page l of 13 (1015121) 24 Sandy Point Drive Vicinity Map ri�N` Long Creek Rocky Point avy, woadside�� ti F f ,.�,� } Imo,.••°kar��€�; � � E! 421 I f �l HAmpituad ; 05 ti�r�, Skippers TnpSa}i t1r, [h r�LAtvLY *Y.1 `DolllS� Corner n Landing d Porters Neck 421 MurrayOil le *' i'1 0miligum Airport Leland wdmin t 4 wsongoro tie NOV 23 _J?1 L)CM WI!•.KNGTON, NC Page 36 of 39 Attachment 1 Hammock Watch Aerial Photo and Parcel Information RF—LeEI ED NOv 2 3 2021 CSC l,AgW`g3MA4 --VrON. Nl-: DCM MP-1 APPLICATION for Major Development Permit {last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NA 24 Sandy Point Drive Applicant 1: First Name Ml Last Name John Franck Applicant 2: First Name MI Last Name Mailing Address PO Box City State 1,224 Pembroke Jones Road Wilmington NC ZIP Country Phone No. FAX No, 29405 US [910-619-8814 ext. NA Street Address (if dii ferent from above) city State Z1P Same as above - Email iohnf@selectbank.com 2. AgentlContractor Information Business Name Southern Environmental Group, Inc. (SEGi) Agent/ Contractor 1: First Name Ml Last Name Dana A. I.utheran Agent/ Contractor 2: First Name MI Last Name NA Mailing Address PO Box City State 5315 South College Road, Suite E Wilmington NC ZIP Phone No. l Phone No. 2 28412 910 - 228 - 1841 ext. 910 - 452 - 2711 ext. FAX No. Contractor 4 NA NA Street Address (if dierent from above) City State ZIP Same Email Dlutheran a segims 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 24 Sandy Point Drive Subdivision Name City State Zip Figure Eight Island Figure Eight Island NC Phone No. Lot No (ifmany, attach additional page with list) 910 - 228 - 1841 ext. NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project: White Oak Manmade canal c. Is the water entitied in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural Qjanm�ade nknown. Topsail Sound 1 Middle Sound e. Is proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction *t-1��tV fi osed work Yes No falls within. NA 6 w Page 1 of 7 (24 Sandy Point Drive 101512021) QC;MWILMING 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) +1- 110' +/- .35 AC c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL NA (normal water level) (If many lot sizes, please attach additional page with a list) 10' abov HW NWL e. Vegetation on tract The majority of the tract is maintained yard, while waterward of the bulkhead tidal, coastal wetland species, such as Spartina alternafTora and cynosuroides, are found. f. Man-made features and uses now on tract Currently, a single family dwelling, with driveway and maintained yard encompasses the upland area of the property. The back yard area is defined by a bulkhead, which runs the length of the back property line (i.e., approximately 110'). A 20' x 6' wide, fixed dock (i.e,, Component A) extends, from the bulkhead to a point where it intersects a 12' x 8' fixed platform (i.e., Component B). From there a gangway provides access to a 30' x 8' floating platform (i.e., Component C), which provides access to the boat lift (i.e., Component E) . g. Identify and describe the existing land uses adiiacent to the proposed project site. Adjacent land use is residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) es 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 A If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a National Yes No A Register listed or eligible property? in. (i) Are there wetlands on the site? Yes (ii) Are there coastal wetlands on the site? ® No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Yes (Attach documentation, if available) Wetlands were not delineated for this work. n. Describe existing wastewater treatment facilities. Sewer services are already in place and are not needed for this project. o. Describe existing drinking water supply source. Drinking water is currently supplied and not needed for this project. p. Describe existing storm water management or treatment systems. There are no existing stormwater management or treatment systems on the property. S. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial Public/Government <1nvat b. Give a brief description of purpose, use, and daily operations of the project, when complete. The purpose of this project is to provide a new boat lift and another wet slip, for the Applicant's use. Please see Project Narrative for details of the proposed work. 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. Work will begin with installing the pilings, for the repositioning of Component C, and the boat lift (Component D), followed by the installation of Component F and repositioning of Component C. Conventional dock materials will be used. A barge will be used to bring the materials to the project site and either jetting or hammering will be used to install the pilings. The barge will be moored in an area where it will not rest on the bottom, when not in use. Please see Project Narrative for details of the work. d. List all development activities you propose. The proposed work consists of rotating the existing 30' x 8' floating platform (Component C) 90 degrees clockwise, adding a new 16' x 8' floating platform, which will serve as the connector between the existing 12' x 8' fixed platform (Component B) and Component C, as well as installing a second boat lift (Component D). The proposed work will increase the existing "platform" area from 336 SF to 464 SF and will increase the number of slips from 2 to 4. Please refer to the Project Narrative for the site plan. e. Are the proposed activities maintenance of an existing project, new work, or both? New work -RECEIVED Page 2 of 7 (24 Sandy Point Drive 101512021) NOV 23 M DOS!! VIILMINGTON, NC: V V V' J V f. What is the approximate total disturbed land area resulting from the proposed project? 0 Sq.Ft or Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the Yes ®o NA public has established use oft h. Describe location and type of existing and proposed discharges to waters of the state. The proposed project does not include discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? Yes ® NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No <fa:) j. Is there any mitigation proposed? Yes (!IE) NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to he complete. Items (a) — (0 are always applicable 10 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. See Project Narrative 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. See Project Narrative c. The appropriate application fee, check or money order made payable to DEQ. f, A I ist 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. Senter, Michael and Nancy, 100 Criteon Court, Cary, NC 27511 Hurst, Gerald, 26 Sandy Point Drive, Wilmington, NC 28411 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Neither SEGi nor the Applicant has a copy of the previously issued permit. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. NA j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA 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. NA 7. Certification and Permission to Enter on Land 1 understand that any permit issued in response to this application will allow only the development aescrinea in me appncauon. 1 ne proJecr 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. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date 1015121 Print Name Dana A. Lutheran, for_Mr. John Franck Signature Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development CCff_MT­4_S_tructurcs; Inform DCM MP-5 Bridges and Culverts Page 3 of 7 (24 Sandy Point Drive 10/5/2021) RECEIVED NOV 2 3 W DQM VVIL INL3TO 4, NG 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 FACILITYIMARINA CHARACTERISTICS This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? Commercial Public/Government CEZatelCommun Yes No c. (i) Dock(s) and/or pier(s) (ii) Number A — 1 . (iii) Length 20' (iv) Width 6' (v) Floating Yes e. (i) Are Platforms included? es No If yes: (ii) Number 3 (iii) Length B —12' (existing) C — 30' (existing) F —16' (proposed (iv) Width B — 8' (existing) C — 8' {existing) F — 8' (proposed) (v) Floating es Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 2 i. Check the proposed type of siting: Land cut and access channel Open wat basin and/or channel en water; no dredging required Other; please escri e: k. Typical boat length: 16' — 30' m. (i) Will the facility have tie pilings? Yes (ii) If yes number of tie pilings? 0 d. (i) Are Finger Piers included? Yes No If yes: (ii) Number 0 (iii) Length 0 (iv) Width 0 (v) Floating Yes No (i) Are Boatlifts included? es o If yes: (ii) Number 1 existing and 1 proposed (iii) Length existing 12' proposed 12' (iv) Width existing 12% proposed 12' 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: 2 Dry storage lifts ; number of boats: 2 Boat ramp(s); number of boat ramps: Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Runabouts 1. (i) Will the facility be open to the general public? Yes 12. DOCKING FACILITYIMARINA OPERATIONS c:__Thls 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 Boat holding tank pump out; Give type and location: ®CM WILMINGTON, "t- DEC 01 24 Sandy Point Drive 5/11/2020 Form DCM MP-4 (Structures, Page 2 of 3) b Describe treatment type and disposal location for all sanitary wastewater C. Describe the disposal of solid waste, fish offal and trash. d How will overboard discharge of sewage from boats be controlled? e (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pump out 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? 1. 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 0 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 leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) is section not applica a. (i) Is the boathouse structure(s): Commercial Public/Government PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Cis not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) his 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 his 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. DEC. 0 1 �I 24 Sandy Point Drive 10/5/121 Form DCM MP-4 (Structures, Page 3 of 3) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property (ARP) b. Proximity of structure(s) to adjacent docking facilities. lines Component D is proposed to be —40' south of the Component D is proposed to be approximately 24.4' from northern dock, and Component E is --85' north of the the northern ARP line, and Component E is closest dock, to the south. approximately 36.1' from the southern ARP line. Note: For buoy or mooring piling, use arc of swing including length of vessel. G. Width of water body 217' 6" e. i) Will navigational aids be required as a result of the project? Yes No A (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure atjgL r NWL +1- -6.0' 8.OTHER This section not applicable a. Give complete description: NA 10/5/2021 Date 24 Sandy Point Drive Project Name Mr. John Franck Applicant Name Dana A. Lutheran for Mr. John Franck Applicant Signature RECEIVE[) DEC 01 2021 DCM WILMINGTON, NC: 24 Sandy Point Drive 10151/21 Contact Name * Dana Lutheran Contact Email Address * dana.lutheran@gmail.com Project Owner* John Franck Project Name * 24 Sandy Point Drive Project County` New Hanover Own e r Add re ss: Street Address 5315 South College Road Address Line 2 Suite E City State / Rovince / ftion Wilmington NC Fbstall Zip Cade Country 28412 United States Is this a transportation project? C' Yes r No Type(s) of approval sought from the DWR: r 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express r- Individual Permit r Modification r- Shoreline Stabilization Does this project have an existing project ID#?* RECEIVE) (' Yes r No Do you know the name of the staff member you would like to request a meeting with? Holley Snider OQM WILMINGTON, NG Please give a brief project description below and include location information. Add boat lift to e)asting 2 slip facililly. NOV 2 3 "wt021 By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -fling meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Page 34 of 39 Signature * 1�(�7 - 411tlr11e?& Submittal Date 6/10/2021 RECE D NOV 2 3 121 DCM WILMING`I'ON, NC Page 36 of 39 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Southern Environmental Group Inc. c/o Dana Lutheran 5315 S, College Road, Suite E Wilmington NC, 28412 Dear Ms. Lutheran: NORTH CAROLINA Environmental Quality December 2, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for John Franck for State approval for development of the subject property located at 24 Sandy Point, adjacent to Figure Eight Island Canal and Middle Sound, on Figure Eight Island, in New Hanover County. It was received as complete on November 30, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 13, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 30, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Katharine Elks Field Representative cc: Cameron Luck, DCM USACE John Perry, DWR Christine Bouffard, LPO John Franck, Applicant DNorth Carolina Department of Environmental Quality ! Division of Coastal Management Wilmington Office ; 127 Cardinal Drive Extension j Wilmington, North Carolina 28405 tiK:f=.n�rnA=Jh.c '^ � o�n+asryo uw �� 910.796.7215 ROY COOPER Governor uwy NORTH CAROLINA Environnienial Quality December 2, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Bluewater Point, LLC — Brunswick County • John Franck —New Hanover County ELIZABTH BISER Secretary BRAXTON DAMS Director, Division of Coasial Managernent Hello: Please publish the attached Notice in the Wednesday, December 8, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Z--1 LC6 'ietila Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 1 t3A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On December 1, 2021, Bluewater Point, LLC proposed to re -develop & expand the existing marina for a total of fifty (50) boat slips & re grade existing parking area at the end of 57" Place West, adj. to Montgomery Slough in Oak Island, Brunswick County, and on December 2, 2021, John Franck proposed to reconfigure an existing private docking facility & add an additional boatlift for a total of four (4) slips at 24 Sandy Pt., adj. to Figure Eight Canal on Figure Eight Island, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 (Tara MacPherson) or (910) 796-7424 (Katharine Elks) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 29, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mr. John Franck Mailing Address: Phone Number: Email Address: 2345 Ocean Point Drive Wilmington, NC 28405 910-619-8814 afranck2@ec.rr.com certify that I have authorized Dana Lutheran, with Southern Environmental Group, Inc. tSEGi1 , Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Installation of a 12' x 8 floating platform, reconfiguration of the existing 20' x Wfloating platform and new boat lift. at my property located at 24 Sandy Point Drive Figure Eight Island , in New Hanover County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature John Franck Print or Type Name Title Date NOV 23 This certification is valid through 12 1 31 1 2021 Page 38 of 39 Southern environmental Group, InC. 5515 Soutl, College Road, Suite E,, Wilmington, NC 284 i 2 91 a.45z.271 1 . Fax: 9 f o.452.2899 . www.seP-s 9 November 2021 Certified Mail (7012 1010 0002 6168 8915) Michael & Nancy Senter 100 Criteon Court Cary, NC 27511 Re: CAMA Major Permit Adjacent Riparian Property Owners Renotification 24 Sandy Point Drive, Figure Eight Island, New Hanover County, North Carolina To whom it may concern, If you will recall, you previously received a notification of work that is to take place at 24 Sandy Point Drive, which is owned by Mr. & Mrs. John Franck. Since that time, there have been changes to the proposed plan, which requires renotification of the adjacent property owners. That being said, attached you will find the CAMA Major Permit Application and accompanying site plan, which reflects the new plan. For questions or concerns regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management, at 910.796.7215, or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. No response or comment, within 30 days of your receipt of this notice, will be considered as no objection. Please feel free to call me, at 910.228.1841, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, Dana A. Lutheran Southern Environmental Group, Inc. Enclosures (2) RE*0EIVFr'. NOV 2 3 2021 DCM WILMINGTON, NC: 5outkern environmental Group, Inc. 5515 South College (load, 5uitc r, Wilmington, NC 28412 910.452.2J11 . Fax: 910.452.2899 • www.scei.us 9 November 2021 Certified Mail (7012 1010 0002 6168 8908) Mr. Gerald Hurst 26 Sandy Point Drive Wilmington, NC 28411 Re: CAMA Major Permit Adjacent Riparian Property Owners Renotification 24 Sandy Point Drive, Figure Eight Island, New Hanover County, North Carolina To whom it may concern, If you will recall, you previously received a notification of work that is to take place at 24 Sandy Point Drive, which is owned by Mr. & Mrs. John Franck. Since that time, there have been changes to the proposed plan, which requires renotification of the adjacent property owners. That being said, attached you will find the CAMA Major Permit Application and accompanying site plan, which reflects the new plan. For questions or concerns regarding the permitting of the proposed activity, please call the North Carolina Division of Coastal Management, at 910,796.7215, or visit their office at 127 Cardinal Drive Extension, Wilmington, North Carolina. No response or comment, within 30 days of your receipt of this notice, will be considered as no objection. Please feel free to call me, at 910.228.184I, for information regarding Areas of Environmental Concern (AEC) or other environmental issues. Thank you for your time and assistance with this project. Sincerely, zlt� =�I� Dana A. Lutheran Southern Environmental Group, Inc. Enclosures (2) NOV 2 3 2021 QCM WILMINGT©N, NC s y Y a } Ei�1 C � - '- ys �x r� ✓���� � ✓ M 0 Complete items 1, 2, and 3. - -- 0 [Tint your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits, i. Article Addressed to: C" 44�S� kt 0 91N �I d1lll�l� 11del III 1l 111111111 V 9590 9402 5641 9308 a / 44 16 2. Article Number (Transfer from service label) 112 1010 0002 13168 8908 PS Form 3611. July 2015 PSN 7530-02-000-9053 A. Signature X ❑ Agent ` ❑Addressee 8. Received by (Printed Name) C. Date of ielivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: p No 13. Service Type ❑ Adult Signature Q pn O r ,QrJ Mail Expressrxl Ej Adult Signature Restricted pets 0 Certified Malls ��C i 4 Ered Mailym O istered Mail Restricted De ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery _ ery t� P for 'Z& El Collect on Delivery Restri�tyc#�e Signature Confirmation;M C7 Insured Mail UUv`�' Cl Ensured Malt Restricted delivery er,(ov--.r$S00) El Signature Confirmation Restricted Delivery Domestic Return Receipt , tr' 1211121, 11:12 AM USPS.com® - USPS Tracking® Results USPS Tracking° Track Another Package + Tracking Number: 70200640000027235251 FAQs Remove X Your item has been delivered to an agent for final delivery in CARY, NC 27511 on November 18, 2021 at 1:03 pm. 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November 18, 2021, 6.10 am Out for Delivery CARY, NC 27511 Rjacs�y sl) Gov 3 0 �ox� ACM 1NILMtiN�`C�N, NG n httpsVItools.usps.comlgotTrackConfirmAction7qtc_tLabelsl=7020064000002723525l 113 1211/21, 11:12 AM USPS.com® - USPS Tracking® Results November 18, 2021, 5:38 am Arrived at Post Office CARY, NC 27511 November 17, 2021 In Transit to Next Facility November 16, 2021, 8:44 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 16, 2021, 10:21 am Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 16, 2021, 12:59 am Arrived at USPS Regional Origin Facility CHARLOTTE NC DISTRIBUTION CENTER November 15, 2021, 4:30 pm Departed Post Office SWANSBORO, NC 28584 November 15, 2021, 4:26 pm USPS in possession of item SWANSBORO, NC 28584 Product Information See Less / 5I\/SO t�CM Wit-Mll�c�`[C�N�� Can't find what you're looking for? V 71 m m n_ w Go to our FAQs section to find answers to your tracking questions. https://tools.usps.comlgolTrackCDrfirmAction7qtc_tLabeisl-70200640000027235251 213 M Attachment 2 DWR Water Classification Map Surface Wator Classifications: Zoom t0 18.87-11.7 Topsail 5ounc arc M cc e Sound CRW Arra All vaters 'Oat veep the 3a«'ar Warn end the ma rant: o[eted aet,.ee^ a re r,nr rq from i^e sesterh most shore of Mason inlet to the southwestem shoe of Ho:.e Creek and a re r�nn rg from the ,.astern shore of \e:v Topse -!et to the eastern mouth SA•CR''N December 31 1989 mi. re r.}o RECEIVED NOV 2 3 20?1 DCM WII_MINGi ONE NC Page 17 of 39 Attachment NC DMF Primary Nursery Area Map NOV 2 3 202.1 L?GM WILMINGTON, NC Page 18 of 39 Google Earth Attachment 5 NC DMF Shellfish Closure Map (10/5/21) tiz �a Country (Jub 61 Ir 0It' `21 y f� rJ�l�ik-14 6 �o8� Iv� Y U r3 7'Jr Li 'M W 11.g1ft l lei Ca TON, I�1, U G Page 20 of 39 "I N V)�N o OQQ �MNZZ Q m u n 4 r W z C Z H � � � w L Z W d CO ces I-- w Q w W o W o Q O Q QC ZLLJ G Q Lu a y Z U) O ILZ Y z m O G� N 0 920 U w Wza� 2 000 � N � II II II a Of Q� � N o� a. Waa - Q J W Q K m Z Q \ 0 O O \ Q < X W d O J _ a m z Z O N \aN N p o S wa0 ro\, o•\ N•, Z � y Na J 0 LLI MLU GV i CD L z G z Q zz o� w U C� OF- X Z ao > ¢F- :n Q J _r �U O LL Z o 'ZI N 1 aW a ix on �3 wm mZ �y m Oo t 0� a N 0 K 40 d z w ® _G� Q� \ W m n I � � J J \' u1 < ✓ U Z� Hialm l3NNYHO 0 Ll85 p A Rip pR� 0R C OR/ 0 NpPRy w n L) � ! 9• CD R\OOR Q_p J S \ Q W � al 0,�tixt vr- ry United States Department of the Interior ' FISH AND WILDLIFE SERVICE Raleigh Field Office g Post Office Box 33726 HA CH 3. Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 etseq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from .tune through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction peronnel will be ities informed that they are responsible for observing water -related activfo tie 06sence of manatees. NOV 2 3 ?0,' i 2. The project manager and/or the contractor will advise all construction personnel that UCM WNWINGITON, PAC; Page 24 of 39 there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 0612003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/8564520 REC.*rI lt:I ) NOV 2 3 2021 DCM WJL.MIN�7T0N, NC Page 25 of 39 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. OT13 Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Caroljna:.,Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biologicdl Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. �oV 2 3 20 WILMIp g'e2,of39��I' 417I2021 New Hanover County PARID: R04512-001-014-000 FRANCK JOHN M ARGIE S ETAL Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Jan uary1st) Owner City State Country Zip 317919.70.2614.000 24 SANDY PT WILMINGTON E3S02 RES-Residential 10-Single Family Residential 1 .35 R-20S-RESIDENTIAL DISTRICT LOT 24 SEC 3 FIGURE 8 ISLAND FD FRANCK JOHN M ARGIE S ETAL WILMINGTON NC 28405 THE DATA IS FROM 2021 24 SANDY PT RECEIVED NOV .2 3 2021 DCM WILMINGTON, NC Page 12 of 39 https:ttetax. nhcgov.com/pVDatalets[Print0atalet.aspx?pin=R04512-001-014-000&gsp=PROF] LEALL&taxyear=2021 &jur=NH&ownseq=0&card=1 &roll 1!1 Book 6228 Page 1320 1) U RNI 7 00 ex: Re 6228 1�j1�1��l��lllll�l�Il� PG: 1320.7 323 RECORDEa_ 2019020928 07-08-2019 NEW NANOVER COUNTY, NC NC FEE $WOO 02:32:11 PM BY: ANOREACRESVVELL TAMMY THEuscN eFasL�Y STATE OF Nc REAL ESTATE ASSISTANT REMSTERDFDEEDS EXTX $300.0o Excise Tax: $ 300.00 Recording time, Book and Page: Tax Parcel No.: R04512-001-014-000 Prepared By: Clifford N. MacDonald I THE MACDONALD LAW FIRM, PLLC 1508 Military Cutoff Rd., Suite 102 Wilmington, NC 28403 (no title search by preparer) Grantor's Address: 1224 Pembroke Jones Drive, Wilmington, NC 28405 Grantee's Address: 6601 Spring Garden Drive, Wilmington, NC 28403 If checked, the property includes the primary residence of at least one of the Grantors. (NCGS § 105-317.2) STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER July THIS DEED, is made this 5 day of AkW2019, by and between AVGERINOS V. SAFFO and wife, DESPINA T. SAFFO, Grantor, and JOHN M. FRANCK and wife, ARGIE S. FRANCK; and NICHOLAS A. SAFFO and wife, STAMATIA K. SAFFO, Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Avgerinos V. Saffo and wife, Despina T. Saffo received a one-third (1/3) undivided interest in the property hereinafter described by that deed recorded in Book 5022, Page 2599 in the Office of the Register of Deeds of New Hanover County, North Carolina; and, WHEREAS, Avgerinos V. Saffo and wife, Despina T. Saffo are desirous of conveying all of said one-third (113) undivided interest to the Grantees herein in equal shares; and, WHEREAS, upon this conveyance the title to the property described herein shall be as follows: a one-half (1/2) undivided interest in John M. Franck and wife, Argie S. Franck; and a one-half (1/2) undivided interest in Nicholas A. Saffo and wife, Stamatia K. Saffo. R FO E Mr 1_) NOV 2, 3 202.1 pCM WI!_MINGTON, N(Page13of39 Book 6228 Page 1321 NOW THEREFORE, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, his heirs and assigns, in fee simple, all that certain lot or parcel of land situated in the County of New Hanover, and State of North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 2019 ad valorem taxes; casements and restrictions of record, if any; and ordinances and municipal building code restrictions, if any. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written, AVG RINOS V. SAFFO DESP A T. SAFFO Ova STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public of the County and State aforesaid, certify that AVGERINOS V. SAFFO and wife, DESPINA T. SAFFO, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 5th day of _ Jug 2019. My Commission Expires: 05/07/20GI "tjItI11111 J.,,'F oN t~. w�����. s OTAN f%j r r r r ICK Ca,,�,. 4Notaryobli RECEIVED NOV 2 3 202 t)t.,M WII_MENfa'f ON, NC Page 14 of 39 Book 6228 Page 1322 EXHIBIT "A" BEING all of Lot 24, in Section 3, as shown by a map thereof recorded in Map Book 13, at Page 10, of the New Hanover County Registry, and all improvements thereon, appertaining herein. SUBJECT to all terms and conditions contained in restrictive covenants recorded in The Figure Eight Island Company in Book 933, at Page 286, of the New Hanover County Registry, reference to which as well as the map hereinabove referred to is hereby made. TOGETHER with all right of way in common with others, over, through, or upon streets and walks as shown on the above referenced map, and any and all existing streets and walks providing access to this tract. RECEIVED NOV 2 3 2021 DCM WILMINGTON, NO Page 15 of 39 Book 6228 Page 1323 TAMMY THEUSCH New Hanover County BEASLEY Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984530 • Fax 910-798-7716 ell u m .6, State of North Carolina, County of NEW HANOVER Filed For Registration: 07/08/2019 02:32:11 PM Book: RB 6228 Page: 1320--1323 4 PGS $326.00 Real Property $26.00 Excise Tax $300.00 Recorder: ANDREA CRESWELL Document No: 2019020628 G0'JKTY.� 0 N Obi Y ,t��L5lilp�, DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. ilr„I':.. NOV 2 3 Mi Page 16 of 39 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 2, 2021 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: CAMA Applicant: John Franck Project Location: 24 Sandy Point, adj. to Figure Eight Channel & Middle Sound, Figure Eight Island, Wilmington, New Hanover County Proposed Project: The applicant proposes to reconfigure the docking facility by turning the existing floating dock 90 degrees, add a connecting floating dock and an additional boatlift for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 29, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME _ AGENCY SIGNATURE DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule Project Name: ' f V_ JU CL County: Check No & Amount: XPCA15A CN1'\ *q, TO19 DCM % DWQ % Development Type Pee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality I $25 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands 2nd/or open water areas: