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HomeMy WebLinkAbout20220148 Ver 1_CAMA Application_20220128NA 9 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Claude "CJ" Bouchard c/o Debbie Wilson LOCATION OF PROJECT SITE: 235 Florida Ave, adjacent to the Carolina Beach Yacht Bassin, in New Hanover County. Latitude: 3403122.57" N Longitude: 77°53' 18.30" W INVESTIGATION TYPE: CAMA & D/F INVESTIGATIVE PROCEDURE: Dates of Site Visit —7/7/21, 8/23/21, 11/15/21 Was Applicant Present No PROCESSING PROCEDURE: Application Received — 12/29/2021 Complete Date — 1/18/22 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Carolina Beach Land Classification From LUP — Conservation (open water) and Residential (upland) (B) AEC(s) Involved: EW, PTA, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Residence under construction, docking facility under construction, and bulkhead of existing bulkhead Planned — Four (4) slip private docking facility and install new bulkhead waterward (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) (C) Other (highground) (D) Total Area Disturbed: 2,042.5 sq. ft_ (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SB# Open: No (G) Estimated Annual Rate of Erosion: NIA Source - NIA —223 SF 424 SF 1395.5 SF (disturbed) PROJECT SUMMARY: The applicant proposes to expand the authorized two slip docking facility to accommodate four vessels and to replace 109 linear feet of bulkhead 1-5' waterward of the existing bulkhead, resulting in the filling of approximately 223 sq. ft. of Coastal Wetlands. Bouchard, Page 2 9. PROJECT DESCRIPTION: The project site is located at 235 Florida Avenue (Lot # 18) in New Hanover County, adjacent to the Carolina Beach Yacht Basin, in Carolina Beach, New Hanover County. The lot is approximately 0.21 acres with 214' of shoreline frontage. The lot's average grade is 4' above normal high water (NH W). A small access channel to an old boat house used to be located on the property. The old access channel is no longer unusable as it has filled in with Coastal Wetland species. A single-family residence is currently under construction authorized by CAMA Minor Permit CB20- 13. The new residence sits approximately 7.5' from the existing bulkhead due to the house being redevelopment over existing impervious surface area. A two -slip docking facility is also currently under construction. The docking facility that is under construction was authorized on 12/8/21 under GP #85400D. The permit authorized a 6'xl l V access pier, 22'x14' gazebo, 8'x4O' floating dock, and 13'xl3' boatlift (See Sheet 4 of 5). An existing bulkhead is located on the property. The northern 76' linear feet of bulkhead immediately waterward of the old bulkhead was authorized under GP 480304D that did not include any wetland fill (See Sheet 3 of 5). The remaining portion of the existing bulkhead was authorized under State Permit # 122-08. No permit history was found for the creation of the old access channel. Vegetation on the tract consists of lawn grasses and landscape shrubs. Smooth Cordgrass (Spartina Alterniflora) exists within the old access channel. The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters in this location are classified as SB# by the Division of Water Quality. The area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish. 10. PROPOSED PROJECT: The applicant proposes to expand the authorized two slip docking facility to accommodate four vessels and to replace 109 linear feet of bulkhead 1-5' waterward of the existing bulkhead, resulting in the filling of approximately 223 sq. ft. of Coastal Wetlands. The applicant proposes to replace the section of bulkhead within the existing basin that is now filled in with coastal wetlands. According to the application, 43' of the bulkhead on the northern side of the basin would be installed 2' waterward of the existing bulkhead and fill 86 sq. ft. of coastal wetlands. On the eastern side of the basin, the applicant proposes to install 25' of bulkhead 5' waterward of the existing bulkhead, filling 125 sq. ft. of Coastal Wetland Area. The applicant states that due to the existing bulkhead being 7.5' from the foundation of the dwelling, the work area for the tie -back system is extremely restricted. The foundation being located so close to the bulkhead puts a tremendous amount of pressure on the bulkhead. Due to the conditions, the applicant states that it is important the existing bulkhead remain in place with the new bulkhead proposed 5' waterward to allow for more room for tie -backs and to remove some of the pressure on the proposed bulkhead to prevent a blowout. The applicant also proposes to install 29' of bulkhead along the southern side of the basin, P waterward of the existing 3.5' long southern wall and tapered back to the escarpment to connect with a proposed 14' section of bulkhead that crosses south through an area of high ground to tie into the adjacent bulkhead (See Sheet 3 of 5). This would result in the filling of approximately 12 sq. ft. of coastal wetlands. The proposed bulkhead ranges from 1-5' waterward of NHW, with an average distance of 2'. The applicant proposes to expand the current docking facility to accommodate two more formalized slip for a total of four boat slips. At the eastern, landward end of the existing 8'x40' floating dock the applicant proposes to install an 8'x13' floating dock that would extend north parallel to the shoreline and connect to an 8'x40' floating dock that would extend perpendicular to the shoreline to create a "U" shape (See Sheet 4 of 5). The proposed docking facility does not encroach into either adjacent 15' riparian setback and waivers have not been obtained. 11. ANTICIPATED IMPACTS: The proposed bulkhead would step out an average of 2' and a maximum of 5' waterward of NHW, resulting in the filling of approximately 223 of Coastal Wetlands and Estuarine Waters/Public Trust Area. Clean sand would be used as backfill. There would be approximately 1395.5 sq. ft. of high ground disturbance associated with the tieback installation. The proposed docking facility expansion would incorporate approximately 424 sq. ft. of Public Trust and Estuarine Waters. The existing docking facility shades approximately 628 sq. ft. of estuarine water and 360 sq. ft. of coastal wetlands that has previously been accounted for (GP #85400D). As proposed, the docking facility does not exceed the % width, would not exceed the Town of Carolina Beach pier headline, nor encroach into the 80' federal channel setback. The proposed docking facility expansion would not encroach into either 15' riparian setback, and waivers have not been obtained. The proposed structures would allow the facility to accommodate up to four (4) vessels. Increased turbidity levels should be expected during construction; however no long-term impacts are anticipated. Submitted by: Bryan Hall Date: 1/25/2022 Office: Wilmington Narrative As the acting agent for CJ Bouchard who owns 235 Florida Ave., Carolina Beach, in New Hanover County, I am submitting the enclosed CAMA Major Permit Application for the installation of a new vinyl bulkhead and floating dock addition. As proposed, the new vinyl bulkhead would be installed an average of 2' waterward of the existing wooden bulkhead and 5' waterward of the 25' long section of bulkhead located right in front of the house, even though there are Coastal Wetlands in this area. The existing bulkhead is located 7.5' from the foundation of the dwelling, thus extremely restricting the work area for the tie -back system for the new bulkhead. The bulkhead being located only 7.5' from the foundation also causes a tremendous amount of pressure on the bulkhead. Due to these conditions we are requesting and it is extremely important that the existing bulkhead to remain in place and the new bulkhead to be installed 5' waterward of the existing bulkhead even though there are Coastal Wetlands right up to the existing bulkhead. The loss of approx. 125 sq. ft. of Coastal Wetlands would have a much less environmental impact than the potential catastrophic failure of the foundation of dwelling. The applicant is also proposing to install 2 new floating docks (1 @ 8' x 13' & 1 @ 8' x 40') which will attach to the northeast corner of the previously authorized 8' x 40' floating dock which is currently under construction. This will allow for 2 additional slips, creating a 4 slip docking facility within water depths of approx. -4.5' @ NLW and will not encroach into the adjacent 15' riparian corridor setbacks nor exceed the existing pier -head line. The DWR pre -filing meeting request has been filled out on the website and a copy of the return email resulting from that submittal is included in this CAMA Major Permit application. • 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. Please feel free to contact me if you have any questions. Thank you. gem mF4 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT Form continues on hacks Lfl�� 1.888-4RCOASi :: wwvv.rsc oastaimanagem�ni.nea Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 214' 9 199 s . ft. above NHW C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 6 Pao ,1 199 sg.ft; NWL (normal water level) {I many dt sizes, p ase attach additional page with a list) 4' ®NHW or ❑NWL e. Vegetation on tract Lawn grasses and Coastal Wetlands f. Man-made features and uses now on tract Bulkhead and single-family residence under construction, new pier and floating dock also under construction. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Residential R-1 B ®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? 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> SEC � 9 t �� � _ ri- i 52-808-2808 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. bx Act:vrties and.IMDacts a. Will the project be for commercial, public, or private use? ®Yes ❑No ®Yes ❑No ®Yes ❑No ❑Commercial ❑PubliclGovernment WrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential shoreline stabilization c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction with a pile driver and skid steer. d. List all development activities you propose. Install a new vinyl bulkhead 2' to 5' waterward of the existing bulkhead and new floating dock addition. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? g. Wild the proposed project encroach on any public easement, public accessway or other area that the public has established use of? h, describe location and type of existing and proposed discharges to waters of the state. None proposed i. Will wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? If yes, attach a mitigation proposal. <Form continues on back> 2,117 NSq.Pt or ❑Acres Yes NNo ❑NA Yes ®No ❑NA ❑Yes ❑No ❑NA ❑Yes NNo ❑NA 252-808-2808 -. 1-888-4RCOA T ., +nrww.nCcoa5tairpanage Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit G. 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. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects 1n 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 Gertifr'cation and Ferrn►SS10 t to Enter O Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 10/2/21 Print Name Debbie Wilson Agent for CJ Bouchard Signature Z?dk} W4e' Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culv�4s rcEIV Ul ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information i 252-808-2808 :: 1-38$-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fail activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW I Breakwater shoreline KIWI Length stabilization Width Avg. Existing Depth Final project Depth NA. NA NA = NA I. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. a (i) Does the area to be excavated include 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 ❑5B ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF CA V,4 TEi3 lt�ATE 1;4t a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e_ (i) Does the disposal area include any coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards- b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (ii) If yes, how much water area is affected? DEC 2 9 2021 RCM WILMINGTON, NC 252-808-2808 — 1-e8e-4RCOAST a, r�nr ea t�3 sa r e t.€ # reve mod. 12!26106 Form DCM Mp-z {IExcavation and IFift, Wage Z of 2) 3. SHORELINE STABILIZATION (if development is a wood groin, use MP-4 -- Structures) a. Type of shoreline stabi[ization: ®Bulkhead ❑Riprap QBreakwatedSill ❑Other; c. Average distance waterward o NHW r NWL 2' e. Type of stabilization material: —Vinyl Sheathing 9, Number of square feet of fill to be placed below water level. Bulkhead backfiil .22S sa. ft. Riprap Breakwater/Sill Other i. Source of fill material. Upland source QThis Section not applicable b. Langth: 109' Width: 1' d. Maximum distance waterward o NHW r NWL: 5' f, (i) Has there been shoreline erosion during preceding 12 months? ElYes ®No ©NA (0 If yes, state amount of erosion and source Of erosion amount information. h. Type of 5il material. 4. OTHER FILL ACTIMIES (Excluding Shoreline Stabilization) a. () Wili fill material be brought to the site? ®Yes ]]No ©NA b. If yes, (ii) Amount or material to be placed in the water 125 sq ft. (iii) Dimensions of ill area 5' x 25' {iv) Purpose of fill Fill in front of dwelling to give sufficent room for tie -backs a- How wilt excavated cr fill material be kept on site and erosion controlled? Silt fence c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 1012121 Date J. h 2 5 Florid;! Av Project Name Clean sand from upland source- El This section not applicable (i) Wiif fill material be placed in coastal wetlands/marsh (CM, submerged aquatic vegetation (SA!!), shelf bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ZCW 125 s4.ft. ❑SAV ❑SB OWL ❑None (i) Describe the purpose of the fill in these areas: Fill in front of dwelling to 2ive sufficent room for tie -backs b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Pile driver, skid steer d. (i) Will wetlands be crossed in transporting equipment to project site? [--]Yes ®No ©NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts, Debbie Wilson: Agent for Cd Bouchard Applicant Narne Applicant Signature �It 252-808-2808 ;; 7-888-4RCOASS ;. wAntcoastainaanas�e �nt.nei DC-M� visad: 12126ti}S 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. DOCKING, FAC1L1TYiMARlNA`CFtgRACTEl41STlCS pThissection:natap<rca6te. a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PubliclGovernment ®PrivatelCommunity ❑Yes ®No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (ii) Number 2 (ii) Number (iii) Length 13' & 40' (iii) Length (1v) Width 8' (iv) Width (v) Floating ®Yes ❑No (Vote: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel Qpen_runabout ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 16' - 30' I. (i) Will the facility be open to the general public? ❑Yes ®No m. (i) Will the facility have tie pilings? ❑Yes ®No RECEy1, E[ (ii) If yes number of tie pilings? -808- at :: f 8 -4RC AT € xent.set e0sv t i g 10 Form DCM W- (Structures, Page 2 of 4) Z. DOCKING FACIL,ITYfMARINA.OPERA TIONS Whfs section net 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. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DEC B 9 - 02 i QCM WILMINGTON, NC 2S2-$08-2808 :: I-838-4RCOAST eiae `1t.ne revised: IX27fM Form OCIVI FAA- (Structures, Page 3 of 4) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? [--]Yes []No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldocking 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. a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. +4. GROIN (e 0 , w000 stteotpile,;etc. It rock groin use, M- P- -Z Exc6v600n anb! Fill. 01Wh sectbn not applicable.. a. (i) Number (ii) Length (iii) Width 5.: BREAKWATER (e g;, woad, sheetp#e etc)..:®This secfran 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 ®phis 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 RECEIVED DEC 29 2029 0CM WILMINGTON, NC �552-508-2808 a. 1-838-4RCOAST s: sr uv.ncc®asfip[ re a er4,n re.-sed; 12127106 Form 0CM A 9 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 16' to the north and south Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 7 7' 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. 16' to the north and 38' to the south d. Water depth at waterward end of structure at NLW or NWL -4'8"(a-)NLW $. QTH;El7 -hi: section iatapplicble' a. Give complete description: Install 2 additional floating docks, 1..@ 8' x 13' & 1 a@ 8' x 40' to docking facility currently Linder construction and authorized by GP #85400 on 12/8121. 12M 0121 Date C� T Bouchard, 235 Floridsl Ave°. Project Name. _ A l' r1or,+�In 111Ptcr4r, E3nortifx x,� h. . .c Applicant Name. Applicant Signature EC mvr ) DEC 2 9 Zu.-?j QCM WILMINC TON, NC 52-8aB-2848 .. 1•888-4111COAST : vsrww.nceaastaimana eme€ t."et revised: 12127lM ROY COOPER Governor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Director Debbie Wilson PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson, NORTH CAROLINA Environmental Quaiity January 25, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Claude "CJ" Bouchard, for State approval for development of the subject property located at 235 Florida Avenue, adjacent to the Carolina Beach Yacht Basin in New Hanover County. It was received as complete on January 18, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 3, 2022. 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 January 18, 2022, 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-11 g(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 properly; 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, Bryan Hall Field Representative cc: Cameron Luck, DCM Holley Snider, DWR CJ Bouchard, Applicant 01- D EQ USACE Gloria Abbotts, LPO North Carolina flepartment of Environmental Quality I Division of Coastal Management VAlmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9I0.796.72I5 ROY COOPER Governor ELIZ.ABETH S. BISER Secretary BRAXTON DAVIS Director January 28, 2022 GanLegPubNotices @gannett. com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Claude Bouchard NORTH CAROLINA Environmental Quality Hello: Please publish the attached Notice in the Wednesday, February 2, 2022 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. n 'sincerely, Ta!�tu tila Pepport & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE D North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension f Wilmington, North Carolina 28405 ant awouNa. i` 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern, as designated under the CAMA: On January 25, 2022, Claude Bouchard proposed to expand the existing two (2) slip docking facility to a total of four (4) slips and replace 109 linear feet of bulkhead waterward of the existing with .223 sgft. of associated wetland fill at 235 Florida Ave., adj. to the Carolina Beach Yacht Basin in Carolina Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 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 February 23, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. e:�/� �erv��� �D 4 North Carolina Department of Environmental Quality I Division of Coastal Management ,EWilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 4 {Ri CAPDU v7 Oepmm,r A E-Woo W Q.ft r 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: rt Mailing Address: Phone Number: Email Address: I certify that I have authorized Debbie Wilson, Agent L., f Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: ll� / /_ at my property located at 1,25 5- )�--Aayija in County. I 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: U %,S�r�g�n�a�tt�re�,[/r/ 04�/�wW -- � 4 Print or Type Name nmyk -- Title — 1 1 Date This certification is valid through _J11 /if I ��C �0-4 ADJACENT RIPARIAN PROTRa MM A.PRMWOO.IU GPLUNW. pmpertybcdodat 0bmdftV"oWBW) es `e c> — - — c t . k-C- [ V - (Town or Cog) .. He bas il I I 1r. mo� as balovi�, the devdmentscga�t-� I1 no objecfiom tDb$ pwpn=LI �t apialtm mina lio lbosMlboaGommndbesd back& ndaimm &tmmaff CafOet(t.fmmmgtea.cr%Boom usivedbyue- (ffym wft to 1rn die seftek ym must haMW de Vw9prials bloc bdw.) l doto waive ,cN /OA DRA gobcfined in b►yiaa uys ablotom to wwisbftg prop Wawa 1* a etf eftl a Room C.W 14filmemAmbecontocla kae*�cn��w�r�c r■ - i 127�r,l1[�RG �pEC 0 6 [OLI Phow 91#l-7W7MIFAX 910,V5,104i pfl��l ��ppi—�1iao�de�{-�iE�aEi�er . i DCM WILMIItiCTON, NC i bete Umm 1, 9, and S. W. rs Pnnt your name and addms on the reverse so that we can return the card to you, . tzf a Attach this card to the back of the maiviece, B. or on the fnant if space permits. bM 3 _ kiicla Addressed to;. T ]), is dd'iv ems, �- L m-- . - ��is Agent —U Addressee C %Date of Dalwery Merenf`i m .tj El Yes W .livery address b low, Ci lea s Signer � 9590 M2 4922 9= 9504 29 13 Adult FlasMecf rkePAvwy 0 Cerffmd M&O �I M� ed 0 Certified ma 13e-1trY$edP.rft@rf n Colrectan Delivery. Merdrandise a + ,o fit.ur,k fir i brrp ice iahe!} 13 Cdfed on Delhiery ResWcted Dahery 13 Stwadure GcnS aiionlu �t r7 E� r� rt �E F�.r1 113JJ W1tl �1.i7 IQsured Mail '"""""'�rkk�esYrfcS'edF3eN�fety II Signature Confaunarion Restricted02rivBrt PS r-OrM 3811, JLlly 2016 F SN T&3p-02 Domestic Return Receipt s Complete items 1, 2, and 3. ® Print year name and address are the reverse so that we can return the card to you. • Attach this card to the track of the mailplam—, or on the font if space permits_ 1. Arlide Addressed to: r E3 Agent i 1p31 Addressee B. jeiVeii.� ftratrra'r: I C�'Date of [).livery deYrvery�ad sg' en Tram teak i Q Ye YES. erlYaC�"livery address b w: © No YPS 13 0Aduft=tiestrictedl]allvscy LI reds�rartESssh9t f 9590 9402 4922 9032 9504 29 17 Ceditd MaN m A 0 CwOsd NW1 RMM%d VaRvary T] ttetum Receipt Eor ��G 0 Colrect on Darivery i64attchand s� �' ^���u.rasher(�jpsjgyfppyyyserviaelabe£1CokiectanDelivery RestriotedDelfvery 0SignatureCongrrmatitOM "•V, 0I'nsured Mai[ b ftmttre Con&maon- 71118 1 3 [ p Ci - nn�kk Restrtgeti OelNary Restfmcted Delivery 14 PS Form 3811, July 2015 Psnt zsasl 02-0 � Aornestlo Return Raeetpt i LOCATION MAP Snows Cut '^ _ ANNIE DRIVE SPENCER-FAREOW DRIVE = t� smNER-SLOOP WAY t - C PEN[NSAADRIVE V KEYs €:AIDE Cz v � WIS DRIVE U JARRI .T..BAY DRIVE z *0�9 14 WOOD RECEIVED DEC �, 9 2021 QCM WILMiNGT®N, NC 1 N Claude "CJ" Bouchard 235 Florida Ave. Carolina Beach, NC New Hanover County Prepared By: Debbie Wilson 1012121 NTS Sheet 1 of 5 j:5ooK tLti I Page IV.i4 BK: RB 6287 PG: 1034 -1037 NC FEE $26.00 2020006469 RECORDED: NEW HANOVER COUNTY, o712412020 REAL ESTATE TAMMY THEUSCH BEASLEY 11;34:23 AM EXTX $800.00 REGISTER OF DEEDS BY ANGELA ENGLISH DEPUTY ELECTRONICALLY RECORDED STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $800.00 GENERAL VTARRANTY DEED Tax Parcel ID # R08807-008-013-000 Mail After Recording To: Claude Joseph Bouchard, III (Grantee's Address) 4101 Wayfarer Way Austin, TX 78731-6600 DRAWN BY AND RETURNED TO: CALDER LAW, PLLC 1410 Commonwealth Drive, #205, Wilmington, NC 28403 --)V' 4 If checked, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-317.2) Grantor's Address: P. O. Box 70 Linden, NC 28356 Brief Description: Lots 18 and 18A Block 201 .Northern Section/Extension of Carolina Beach This Deed, made and entered into this the V-1 day of February, 2020, by and between David Raynor Logging, Inc., a North Carolina Corporation, the GRANTOR herein; and, Claude Joseph Bouchard, 111, unmarried, the GRANTEE herein. RECEIVED DEC 2 9 submitted electronically by "Calder Law, PLLC" 'VC'M WILMINGT'ON, NC in compliance with north Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Boox bear Page iuso W I T N E S S E T H: That the Grantor(s), for and in the consideration of the sum of one Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantee(s) in fee simple, that real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: Being that tract located at 235 Florida Avenue in Carolina Beach, New Hanover County, NC having Tax Parcel ID Number R08807-008-013-000; described in instrument recorded in Book 6176, Page 979 in the said New Hanover County Registry, as the same being more particularly described in that Exhibit A attached hereto and incorporated herein by reference. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee(s) in fee simple. The Grantor(s) covenants with the Grantee(s) that Grantor(s) is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that Grantor(s) will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; ad valorem taxes after 2019; all applicable restrictive covenants and rights reserved or granted therein; and all applicable utility, drainage and other easements of record. RECEIVED DEC 2 9 Z011 PCM WILMINGTON, NC raoox bzu t rage iuse In witness whereof, the Grantor(s) have hereunto set their hands and seals this the day and year first above written. David Rayno(rJ Logging, Inc. LQ David Raynor, Presidfint r.�.� L6 k-1 r STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public of the County and State aforesaid, certify that David Raynor, the President of David Raynor Logging, Inc., and Sue 8 Raynor, the Secretary of David Raynor Logging, Inc. personally appeared before me, known to me or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument. Witness my nd and official stamp or seal, this the day of February 20 _ A A ,yry 4 otary Public e y rq ted Name: (3 nifs�N��f�a ission Expi:fes : s� d Qr 22 RECEIVED DEC 29 2021 QCM WILMINGTON, NC BOOK b/-b I rage 1V.5 1 EXHIBIT A LEGAL DESCRIPTION DEED David Raynor .Logging, Inc. TO Claude Joseph Bouchard, III That real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: Being all of Lots 18 and 18A in Block 201 of the Northern Section/Extension of Carolina Beach as the same are shown on a map thereof recorded in Map Book 3, Page 67 in the New Hanover County Registry, and being that property with Tax Parcel ID number R08807-008-013- 000 described in instrument recorded in Book 6176 at Page 979 in said Registry. RECEIVED DEC 2 9 2021 RCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director January 28, 2022 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 /D & F Applicant: Claude Bouchard Project Location: 235 Florida Ave., adj. to the Carolina Beach Yacht Basin, Carolina Beach, New Hanover County Proposed Project: The applicant proposes to expand the authorized two (2) slip docking facility to accommodate four (4) vessels and to replace 109 linear feet of bulkhead 1-5' waterward of the existing bulkhead, resulting in the filling of approximately 223 sq. ft. of Coastal Wetlands. 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 February 23, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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: S(_; _r6ckp t County: Kj_� Check No & Amount: ti�C<D Z3� v Development Type DCM % Fee DWQ (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% ($0) 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 $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: 111(13). 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 review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: lif(D)_ #f General Water Quality Certification No 4175 cannot be applied: $ )0 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($2$5) 40% ($190) Of wetlands and/or open water areas: Existing Structures ;-- Myrtle Grove Sound --� W y y Bulkhead y W y I y y ' l m y � ' Existing ,l � y NLW y Escarpment y V y 1 : * NHWarY 1 I V w w 5 y m V- y y s y y y Marsh y y t y y y y w� y y y y yi y y r i y y 'k y III,V- L � 1 y NHW Existing Robert & Su Lou Wellons 233 Florida Ave. Carolina Beach, NC 7.5' Claude "CX Bouchard 235 Florida Ave. Carolina Beach, NC Dwelling 60' P.I L Claude "CX Bouchard 235 Florida Ave. Carolina Beach, NC New Hanover County Drawn By: Debbie Wilson 10/2/21 Scale: 1" = 10' Sheet 2 of 5 David & Sue Raynor 237 Florida Ave. Carolina Beach, NC RECEIVED DEC 2 A QCMWILM1N0;'7r;F.: ,, Proposed Bulkhead mg 0 ;— Myrtle Grove Sound --� ii 0 J W y yr Bulkhead N y y W j Y 0 o t4/y CL P y ID y o G Existing Sf Escarpment \V i Highground 2 1r W y y 1 � V 1l, NHW TJ Ik y w Tie -back a Area 11' - 12' �, v y y y to s Wide Marsh y y yQ Proposed 1' Wate-ard of Existing to 2 PI L ° W y y NH Existin 5 V _5'—Bulkhead 7.5. Tie -back Area 20' Robert & Su Lou Wellons 233 Florida Ave. Carolina Beach, NC Claude "CJ" Bouchard 235 Florida Ave Carolina Beach, NC Dwelling Tie -back Area 11 Claude "CJ" Bouchard 235 Florida Ave. Carolina Beach, NC New Hanover County Drawn By: Debbie Wilson 10/2/21 Scale: 1" = 10' Sheet 3 of 5 = New Bulkhead 2' Waterward of Existing Authorised Ry CAMA GP #80304-D = Proposed Bulkhead Red = Proposed Bulkhead Numbers Lengths David & Sue Raynor 237 Florida Ave. Carolina Beach, NC P):0aJv"D DEC 2 9 ;, ACM WILMlNGTQN ,, _ Proposed Floating Dock ,ff Myrtle Grove Sound / Carolina Beach Yacht Basin i Claude "CJ" Bouchard 235 Florida Ave. Carolina Beach, NC New Hanover County Drawn By: Debbie Wilson 12/6/21 Scale: 1" = 20' Sheet 4 of 5 New Structures Authorized Under' CAMA GP #80304-D and CAMA GP #85400-D = Currently Proposed Structures Slip Numbers = Water Depths Relative to NLW 'RECEIVED DEC 2 9 292, ACM WILMINGT®N NC 0 O x E m N Y LL O m nl1L L D 0) 0 O � U N 07 X W Z3 O O 0 ® C) m w m °' gym:— Y O o _No_ t6 Uc3�u U Z No m N oU� ai a — cc a) � � �f6N> U Uvm�>,cno a) co `o -OLL-= cN mLn°3mN, UNUZ 8A RECEIVE{ DEC 2 9 2021 VCM WILMINGTON, NC