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HomeMy WebLinkAbout20080195 Ver 2_CAMA Application_20220304 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Joseph and Sandra Kittinger, do Debbie Wilson 2. LOCATION OF PROJECT SITE: 303 Bradley Creek Point Rd, in Wilmington, New Hanover County. Latitude: 34° 12'40.61" N, Longitude: 77°49' 12.17" W 3. INVESTIGATION TYPE: D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/26/2022 Was Applicant Present—Yes, and agent 5. PROCESSING PROCEDURE: Application Received— 1/14/2022 (initial)3/3/2022(complete) Office—Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—City of Wilmington Land Classification From LUP—Residential/Conservation (B) AEC(s) Involved: CW, EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—N/A Planned—NA (F) Type of Structures: Existing—Bulkhead, breakwater sills, boat basin, access channel, 4-slip private docking facility. Planned—Boat basin and access channel new and maintenance excavation. (G) Estimated Annual Rate of Erosion: N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 400 ft2 Maintenance Excavation (B) Non-Vegetated Wetlands (Open water) N6c 660 ftion tt2(max) aaxx) Maintenance Excavation 14,230 ft2 (max) (C) Other—High Ground —30,000 ft2 (D) Total Area Disturbed: —45,290 ft2 (-1.04 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY:The applicant proposes to perform maintenance excavation within the existing boat basin and access channel to connect with the federally maintained AIWW. The access channel has existing coastal wetlands that would be impacted with the maintenance excavation. The project also includes a small area of new excavation within the established boat basin and the waterward end of the access channel. 303 Bradley Creek Point Rd., Joseph and Sandra Kittinger Page Two 9. PROJECT DESCRIPTION The project site is located at 303 Bradley Creek Point Road, near the Atlantic Intracoastal Waterway(AIWW), Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel east approximately 1.8 miles on Eastwood Road and turn right on to Military Cutoff Road. Travel 0.6 miles on Military Cutoff Road. and turn left onto Airlie Road. Follow Airlie Road for 0.7 miles and turn right on to Bradley Creek Point Road., keep right for 0.12 miles and the property will be on the right. The project site is currently maintained as a single-family residence located in a waterfront neighborhood directly north of the mouth of Bradley Creek. The parcel is approximately 1.4 acres in size with approximately 346 feet of shoreline, with a boat basin, 4-slip private docking facility, and access channel to the AIWW. The boat basin is stabilized with a bulkhead and the access channel ranges in width from approximately 30'-40' wide and is located between breakwater sills. The north breakwater is approximately 238' in length, coastal wetlands boarder the sill for approximately 150',with the remaining approximately 88' in open water. The south breakwater is approximately 300' in length boarding approximately 200' of coastal wetland with the remaining 100' in open water. The highground is vegetated primarily with ornamentals and maintained lawn grass and according to the applicant the elevation of the property is approximately 8 feet above normal high water (NNW). Coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alferniflora)fringe the edge of the boat basin and have migrated into a small area of the access channel. Scattered clusters of oyster were noted during the January 26, 2022 site visit, however, the basin and channel bottom are predominantly soft fluff mud devoid of active shellfish. The private docking facility consists of a short access pier extending from the southern side of the property over the bulkhead and coastal wetlands into the boat basin with a ramp extending to the north onto a 6' by 60' floating dock positioned parallel with the shoreline. Three finger piers approximately 3' by 16' extend from the 60' floating dock perpendicular to the shoreline with a larger 6' by 25'finger pier attached at the northern end of the 60' dock for a total of 4 slips. State Permit No. 59-97 issued to Mr. Kittinger on May 6, 1997 authorized the bulkhead, breakwaters, maintenance excavation, and a docking facility. The maintenance excavation footprint authorized included an approximately 60' by 60' boat basin to a max depth of-4 mean low water (MLW) with the widest portion of the basin shown at 66' on the drawings referenced in the permit. A 30'wide by 380' long access channel was authorized to a depth tapering to a maximum of -5 MLW. The permit was conditioned to allow a minimum distance of 5' from the existing coastal wetlands to excavation footprint. The Field Report cited photographic evidence of a maintenance event occurring between 1978 and 1984. State Permit No. 59-97 was later modified on September 13, 1999 to expand the private docking facility to the existing configuration. This permit expired on December 31, 2000. State Permit No. 23-08 was issued to Mr. Kittinger on April 24, 2008 through the Express Permitting program to modify the existing breakwaters to close the 1 foot gap every 10 feet, which were not constructed with overlapping breakwater sections as depicted in the drawings referenced in State Permit No. 59-97, install a boatlift, and perform maintenance excavation to include an area of coastal wetland approximately 400 ft2 in size located within the access channel, inside the previously authorized excavation footprint. The excavation footprint authorized through State Permit No. 23-08 was the same as State Permit No, 59-97 with the exception of a slightly deeper cut. A depth of-5 MLW and -5.5 MLW was authorized for the boat basin and access channel respectively. Instead of modifying the breakwaters, a minor modification was issued on June 9, 2010 to allow new breakwaters to be constructed 6"inboard of the existing with the same 1'gaps every 10'to match the existing gaps. State Permit No. 23-08 expired September 30, 2014. According to the property owner the maintenance excavation authorized through State Permit No. 23-08 was not performed. The current City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as R-20, Residential, The adjacent waters of the Wrightsville 303 Bradley Creek Point Rd., Joseph and Sandra Kittinger Page Three Recreation Area/AIWW are classified SB by the Division of Water Resources and are designated as Secondary Nursery Area but are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to perform maintenance excavation within the existing boat basin and access channel to connect with the federally maintained AIWW. The access channel has existing coastal wetlands that would be impacted with the maintenance excavation. The project also includes a small area of new excavation within the established boat basin and the waterward end of the access channel. The dimensions of the proposed excavation footprint in the existing boat basin range from 66' to 35' in width and 50' to 60' in length due to fringing coastal wetlands, to a depth of -4 NLW. The previous boat basin excavation footprint authorized in State Permit 59-97 references a drawing that shows a maximum width of 66'; however, the Field Report and cdaits data indicate a 60' maximum width. This 6' difference in width requested in the current application represents a small area of potential new excavation, estimated at a max of 180 ft2. The dimensions of the proposed access channel range from 23'to 34'in width and 430' in length to a depth of-4 NLW. The previously permitted access channel excavation footprint was 380' in length with a max width of 30'. According to the applicant the proposed 50' increase in length allows the excavation to connect to the-4 NWL contour and the 4' increase in width to 34' max would occur gradually at the waterward end of the channel as a flared end. The extra 50' in length and 4' in width proposed at the end of the access channel represents another small area of potential new excavation, estimated at a max of 480 ft2. Within this maintenance excavation footprint is a patch of Smooth Cordgrass (Spartina alterniflora) on the north side of the channel, inside the breakwater approximately 32' by 12' or a maximum of 400 ft2 that would be impacted by the proposed excavation. Both previous State Permits, 59-97 and 23-08 have authorized small amounts of similar coastal wetland impacts. The applicant proposes to stay a minimum of 5'away from all other coastal wetlands during excavation. According to the application, approximately 2,156 cubic yards (CY) of material would be removed using a bucket to barge method and would be disposed of on a property owned by Shore Acres Company. located behind DA 0248 or DA 0249. Prior to work commencing the applicant would submit a consent to cross authorization from USACE. A letter of authorization from the disposal site property owner has been included in the application. Current water depths in the boat basin range from-1'to-3'. Current water depths in the area of the proposed access channel range from +1.5' to -3' NLW, depths were confirmed by DCM during the January 26, 2022 site visit (see Sheet 2 of 4). 10. ANTICIPATED IMPACTS The excavation of the previously maintained boat basin and access channel would impact approximately 14,230 ft2 of Shallow Bottom. The areas of proposed new excavation would impact a maximum of 660 ft2 of Shallow Bottom. Excavation of approximately 400 ft2 of coastal wetland within the previously maintained access channel would be necessary to maintain historical use of the boat basin and has been previously permitted.An estimated total 2,156 CY of material will be disposed of impacting approximately 30,000 ft2 of highground outside of the 75'AEC. Increases in turbidity can be expected during the construction process. Submitted by: Katharine Elks Date: March 3, 2022 Office: Wilmington Narrative As acting agent for Joseph and Sandra Kittinger, I am submitting a CAMA Major Permit Application for their property located at 303 Bradley Creek Point Rd, Wilmington, in New Hanover County. The Kitzinger's have an existing boat basin,bulkhead, floating dock system and access channel with a breakwater wall on each side leading to the AIWW. The basin and access channel has had numerous maintenance dredging events over the years dating as far back as 1979 before the Kittinger's even owner the property which was authorized under various CAMA Major and General Permits. The most recent CAMA Major Permit was in 2008 and unfortunately due to an oversight it was allowed to expire. The previous boat basin dredge footprint area measured approx. 60' by 60' to a final depth of-4' @ normal low water (NLW) and the access channel measured 30' by 430' with final depths from -4'@NLW adjacent to the basin to the -4'@NLW contour of the AIWW. The current proposal is for the basin footprint area to vary from 35' to 66' in width by 50' to 60' in length to a final depth of-4'@NLW. The reason for the change in the basin footprint is due to the existence of Coastal Wetlands (primarily Spartina alterniflora) located along the perimeter of the basin, adjacent to the bulkhead. The access channel dredge footprint will also vary due to the presence of Coastal Wetlands from approx. 23' to 34' in width (34' will be a slight flare as it connects to the AIWW) to a final depth of-4'@NLW and connect to approx. the-4' contour of the AIWW which is approx. 110' from the end of the northern breakwater. There is a small patch of Coastal Wetlands,primarily Spartina alterniflora (approx. 400 sq. ft.) which is located along the north side of the breakwater wall that does fall within the proposed dredge footprint. We are requesting that this small area be allowed to be removed due to the extreme narrowing of the channel that it is causing in this area. All excavation will be accomplished by bucket to barge as it has been accomplished in the past. It should also be noted that the spoil disposal site will be located on private property, either behind AIWW DA 0248 or AIWW DA 0249, both sites are owned by Shore Acres Corn. The actual site will be determined once a dredging contractor has been determined and at that time, a consent to cross agreement will be acquired from the CORPS and a letter of authorization from the property owner and both will be submitted to DCM for approval prior to the commencement of any work. • 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 or concerns. REC v-ai C 1V 0) FEB 0 4 N22 if ifff0;;, t!'; Yat, C7h1 NG 0CM Zvi. DOMM.-U111. DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicant/Landowner Information Business Name Project Name(if applicable) Applicant 1: First Name MI Last Name Joseph Kittinger Applicant 2: First Name MI Last Name Sandra I Kittinger If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 303 Bradley Creek Point Road Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 910- 200 4226 ext. Street Address(if different from above) City State I ZIP Email jkittinger3@gmail.corn 2. Agent/Contractor Information Business Name QnE Contractor 1: First Name MI Last Name Debbie Wilson Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 16275 Wilmington NC ZIP Phone No. I Phone No. 2 28408 910- 612 0402 ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email debbiew75Ca)charter.net ' ECEiVED <Form continues on back> JAN 14 2022 ."';M \i'r14.2.."v.'CTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# New Hanover 303 Bradley Creek Point Road Subdivision Name City State Zip N/A Wilmington NC 28403 Phone No. Lot No.(s) (if many, attach additional page with list) 910 200 4226 ext. R05700-003-012-000 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ['Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes ONo work falls within. Wilmington 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 346' 61,420 G. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or NWL(normal water level) 1.41 acres , (If many lot sizes,please attach additional page with a list) 8' ®NHW or❑NWL e. Vegetation on tract Ornamental landscaping and lawn grasses f. Man-made features and uses now on tract Single family residence, bulkhead, private residential docking facility and 2 breakwater walls. 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-20 ®Yes ❑No DNA 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. Dyes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a DYes No DNA National Register listed or eligible property? yip . i <Form continues on next pages iAN 1 4 2022 NIG t3ti ,sastalrnaiiagernci Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? ®Yes ❑No (iii)If yes to either CO or(ii)above,has a delineation been conducted? ®Yes ❑No (Attach documentation,if available) See site plan n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. City Storm Water 5. Activities and Impacts a. Will the project be for commercial,public,or private use? DCommercial ❑Public/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Private residential docking facility and boat basin. 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. Mechanical bucket to bardge excavation. d. List all development activities you propose. 04 at-t1 Maintenance excavation of an existing boat basin and entrance channel. i—ttG 1 l 21°-�.�- e. Are the proposed activities maintenance of an existing project,new work,or both? Maintenance - Vt.)-1-1A ime ttA-}-e v, e:z-- f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or®Acres 1.0 g. Will the proposed project encroach on any public easement,public accessway or other area ['Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None proposed. i, Will wastewater or stormwater be discharged into a wetland? ['Yes No DNA If yes,will this discharged water be of the same salinity as the receiving water? ['Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes No ❑NA If yes,attach a mitigation proposal. <Form continues on back> JAN 14 2022 tz s�03 1-888-4RCOAST WAN r_ _.t, ,. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1)the following items below,if applicable,must be submitted in order for the application package to be complete. Items(a)—(t)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail, Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Bradley Creek Point Holdings, LLC Phone No. Address 305 Bradley Creek Point Road, Wilmington, NC 28403 Name Beane Wright Partners, LLC Phone No. Address P. O. Box 1039, Wrightsville Beach, NC 28480 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. CAMA Permit# 54-79 issued to CK Equities, Inc on 3/18/82, CAMA Permit#59-97 issued to Joseph Kittinger on 5/6/97 and CAMA Permit#23-08 issued to Joseph Kittinger. h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 12/6/21 Print Name Debbie Wilson, Agent Signature 727.4644- 6e)the Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development .1ECE1VIti_J ❑DCM MP-4 Structures Information JAN 1 4 2022 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 fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length • 430' i -so' • Width 23' - 34' 35' -66' Avg.Existing NA NA Depth -1.3' _1.9' Final Project NA NA Depth -4' -4' 1. EXCAVATION — ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. SUI 2,t 5.6 ev c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (CW),submerged aquatic vegetation(SAV),shell bottom(SB), or other wetlands(WL)? If any boxes are checked,provide the None number of square feet affected. ®CW 400 so.ft. ❑SAV ❑SB OWL ❑None (ii)Describe the purpose of the excavation in these areas: To remove existing Spartina alterniftora which has migrated into the existing access channel dge to sand filling in the channel 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Shore Acres Company property,adjacent to DA 0248 or DA 0249 150'x 200' c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? Oyes No DNA RYes ❑No DNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wetlands/marsh f. (I)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes 2No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (a)If yes,how much water area is affected? ❑CW ❑SAV ❑SB OWL ®None (ii)Describe the purpose of disposal in these areas: RECEIVED FEB 0 4 202?. 3. SHORELINE STABILIZATION This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: ['Bulkhead ❑Riprap ❑Breakwater/Sill DOther:___.... Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months? Oyes ❑No ❑NA (ii)If yes,state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of rill material, Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? Elves ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or (ii)Amount of material to be placed in the water other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (iii)Dimensions of fill area ❑CW ❑SAV ❑SB (iv)Purpose of fill OWL ❑None (ii)Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? Existing berms and silt fence Bucket to barge dredging and off loaded at disposal site by skid-steer. c. (i) Will navigational aids be required as a result of the project? d. (i) Wilt wetlands be crossed in transporting equipment to project Dyes ®No DNA site? Oyes No LINA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. 12/6/21 Debbie Wilson,Agent for Joseph & Sandra Kittin�er Date Applicant Name KittingRr Z02. 644i, 0944-&frL Project Name Applicant Signature BAN 1 4 2022 0:44V • ROY COOPER 4 Governor '' Sr is` D ELIZABETH S. BISER € .Secretary - -t:; f BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 4, 2022 Debbie Wilson P.O. Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: The Division of Coastal.Management hereby acknowledges receipt of your application, as acting agent for Joseph and Sandra Kittinger,for State approval for development of the subject property located at 303 Bradley Creek Point Road, adjacent to the Atlantic Intracoastal Waterway(AIWW), in Wilmington,in New Hanover County. It was received as complete on March 3, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 17, 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 March 3, 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-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, r. t, Katharine Elks Field Representative cc: Cameron Luck, DCM Kathryn Thurston, City of Wilmington USAGE Holley Snider, DWR Christine Bouffard, LPO Joseph and Sandra Kittinger, Applicant NorihWilmi CarolinangtOf Car Depart! 127 ment doinalf EnvirDorive nmentalExtension QualityWilmington,I Division oNr CoastalorthCarplina 28 Miana cem405ent DE on fice I 910.796.7215 0 O l- a . , m i Qw RS i _ H- U O W 0 C.) O . • E • Q � r4V9' . E 0 L u� WI� Q w U . - : .1 I I; 1-11 w. U -- - ' a IL a u) � - — ,„, 20 • _ • ' N ® A Eco I aim CC +la C , — OH w cti Wa, ..0 0an 0I .} C . e . .,r_ RS .— Os? w 2 • 6. 0 , . --. cc ,-. . . . :... 0.. c i = 1 ..... i sb.,, 4-1 o .--:_ . c - . (L) ett F.- .:r j .',:, 4 ..J -,,, illi • 44., CD 0 • 'IC1 v . .1:,. :::,„, E 0, .., ow : a) • Iii c,..i 4 al . . • ... H. a) i < _ N O O 0 Tr Itii .4.1 tts.'"" U (.5 0 1- a co CI-CC yQQ. = Jo %o - -, el Q a_ Q :,_ ).1,.,: n ROY COOPER i Governor + " ELIZABETH S.BISER `` ,=n'- a Secretary {`��w�e {- BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 4, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Martin Gilmore & Christopher Wilson • Dennis Duke • Joseph & Sandra Kittinger Hello: Please publish the attached Notice in the Wednesday, March 9, 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. cerely, 0 A, anya 'y�'ietila Permitting Support& Customer Assistance cc: MHC Files Cameron Luck— MHC USACE D_E QO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 N( TH auea_mu a Enroonadobl Nod 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 February 27, 2022, Marin Gilmore & Christopher Wilson proposed to replace the existing two (2) slip docking facility associated with Z. 121 Beach Rd. South & construct a new tie-(3f slip facility that would cross the shared riparian line, resulting in three (3)formalized slips in one riparian corridor at 121 & 123 Beach Rd. South adj. to a manmade canal on Figure Eight Island, Wilmington, New Hanover County; On March 2, 2022, Dennis Duke proposed to reconfigure & expand an existing docking facility to a total of four(4) slips at 8504 Bald Eagle Ln, adj. to the AIWW in Wilmington,New Hanover County;And on March 3,2022,Joseph &Sandra Kittinger proposed to perform maintenance excavation within an existing boat basin & access channel to connect with the AIWW with associated wetland disturbance at 303 Bradley Creek Point Rd., adj. to the AIWW in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katherine Elks N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,NC 28405, (910) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City,NC 28557-3421, prior to March 30, 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. D_E Q)--A North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NORTH Cuaouw+. oae■Enei,..vent.Iwra, 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: \�), C-t1•tc tr( P [ ) l Mailing Address: ft:`,3 IC' / \rj.; 11-. iV , NL ,� ' Phone Number: qv), --Li Z2 e-4 Email Address: #1 l l 1 +� j -D`i-'`: 1'1e F-t1 CO I certify that I have authorized Debbie Wilson, Agent Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: /7, ,,)I 74.e p/ 01L.eG, cgc49 }io,✓ at my property located at .. '.7 ' Cf.„I Y `P(1( rci) l: in ul County. 2 g-t Li I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: //47 /� Sig u e� A A It ►t�' 1 tt . s_Y� i114.4tt , ) �C� � + �`c:` f. Print or Type Warne Title IC: l 2H- :?c-= 1 Date RECEIVED 9r- 7 This certification is valid through 2- 1 -1 l 1 JAN z 4 2022 DOM Wif_MINGIONJ, NC o $ 0 Ch y c c a o _�� u'S�Q� hioo El El m ❑ LY _ roa-qq ci�'� a y � © Q �• �y�� atil a a T• mw�roroB • 4 wn cc N fn Tndm m U W U ¢ yrnrn� '5 ?r c y 2'� ._._ N W 4.: 0 ❑❑❑ ❑❑ o C E'42A 1.. ❑ Z SCi g'2 :)'' ..,' 0 ) 713" ...:11 — z a } O ro 0) d. r-i z a o Z p Z 3 �Y m m i~ aZ. 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U v0i Q O M v 3 �.. ¢ LL ,4k,:N Q P �\ '� Q I LL �1 [t- u3 'i.■' ■ J c.i a u) ■ ■ ■ .- N ,EL From: "Adam Knierim" <adamknierim@gmail.com> To: "Debbie" <debbiew75@charter.net> Cc: Bcc: Priority: Normal Date: Thursday December 30 2021 8:21:31AM Fwd: Disposal Site Request= Kittinger Maintenance Dredging Forwarded message From: Michael Bostic<oakpointfarmsmb@yahoo.com> Date: Mon,Jul 26, 2021 at 10:03 AM Subject: Re: Disposal Site Request- Kittinger Maintenance Dredging To: Adam Knierim <adamknierim@gmail.com> Adam, Do you have permission to dispose of the Kittinger project spoils on the island. Please give notification a week prior to starting work. Feel free to contact me if you have any questions or concerns. Thanks, Sent from my iPhone > On Jul 22, 2021, at 8:23 AM, Adam Knierim <adamknierim@gmail.com>wrote: > Michael, > Hope all is well. 1 wanted to touch base on the Kittinger Project and request written authorization for placement of approximately 3,450cy of dredge spoil in the Beane Disposal Area. Similar to past requests, an emailed response granting permission for placement will suffice for permitting purposes. Please give me a call if you have any questions or concerns. Thanks again and have a great week. > > -- > Adam C. Knierim > President > Maritech, LLC > 108 Circle Drive >Hampstead, NC 28443 >office 910.270.4058 > field 910.297.7710 > fax 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle DriveRECEIVED Hampstead,NC 28443 office 910.270.4058 field 910.297.7710 JAN 1 4 2022 fax 910.270.4058 0CM W1LMlNG'i ON, 1'1C 90U�. "•1Gf � � l RECUT)i AstiYECtnEe 3 �1 1 5 8 A/ sit.a ru`�_'t f 1280.oa ►IEW HANoVER i:a tic Aft 28 3 53 111 '81 PREPARED BY: Kenneth A. Shanklin 317 Chestnut Street Wilmington, North Carolina 28401 (919) 763-2971 R434/KASR5 STATE OF NORTH CAROLINA ) WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this the 244day of 1987, by and between C. K. EQUITIES, INC. , Trustee, - North Carolina corporation, with its principal place of business being located in New Hanover County, North Carolina, hereinafter referred to as "GRANTOR"; and JOSEPH W. KITTINGER and wife, SANDRA P. KITTINGER, of the County of New Hanover, State of North Carolina, hereinafter referred to as "GRANTEES", with a mailing address of ,p3 dbodAgt Cpe,ek Poiril keu( Wilmington, North Carolina a5 d3 WITNESSETH; THAT the Grantor, for valuable consideration paid by the Grantees, receipt of which is hereby expressly acknowl- edged, has and by these presents does grant, bargain, sell and convey unto the Grantees, their heirs and assigns, all of the following lot or parcel of real property situated in Harnett Township, New Hanover County, North Carolina, and being more particularly described as follows: h -vuu BEGINNING at an iron pipe in the southwestern line l 2 w : l ) + of the old Wright exception that is South 42 f 1�){.� degrees 45 minutes East along said line 259.6 feet 4 ��,� from an old stone marked "W", the western-most p �corner of said exception, which said stone is �n located South 43 degrees 27 minutes West 105.35 feet from another old stone marked "W", the m D northern-most corner of said exception, this stone being South 43 degrees 27 minutes West 17.0 feet from a point in the center of State Road No. 1411 (formerly U.S. 74-76 and N.C. 20) that is 372.0 �Y/.. feet northwestwardly along the center of said road � N ma, from the northwestern end of Dead Man's Curve at "' Wrightsville Sound; running thence from said °p u Beginning point South 43 degrees 27 minutes West `Du? 150.33 feet to an iron pipe; thence South 42 v`" degrees 45 minutes East and parallel with the Wright line 400.0 feet to an iron pipe at the high l l l! l l f RETURNED TO Pt rKG 00 Pa J512142.4 • JAI\ 1 4 2022 . J. 0000 PAP' 1372 1559 water line of said sound; thence the same course continued to the low water line of said sound; thence northeastwardly along said low water line 150 feet, more or less, to its intersection with the southwestern line of the Wright exception; thence North 42 degrees 45 minutes West along the southwestern line of the Wright exception to an old stone marked "W" at the high water line of said sound; thence North 42 degrees 45 minutes West along said Wright line 400.0 feet to the point of Beginning; the same containing 1.38 acres of high land and being a portion of the Herbert R. Latimer tract on Wrightsville Sound; being the same lands described in a certain deed to Meares Harriss, Jr. and wife recorded in Book 797 at Page 568 in the New Hanover County Registry and Tract No. 1 described in a certain deed to C. K. Equities, Inc., Trustee, recorded in Book 1187 at Page 1081 of the New Hanover County Registry. TOGETHER WITH an easement and right-of-way previ- ously reserved by C. K. Equities, Inc., as Trust- ee, in that certain deed from C. K. Equities, Inc. to David Michael Cline and wife, Patricia Hearn Cline, dated October 30, 1985 and recorded in Book 1307 at Page 860 of the New Hanover County Regis- try, for itself and its successors and assigns, for the purposes of ingress and egress over and across the easement area described below for access to the above described property (being the same property described in Book 797 at Page 568 of the New Hanover Registry and furthermore, de- scribed as Tract 1 of that certain deed to the Grantor described in Book 1187 at Page 1081 of the New Hanover County Registry) and for purposes of the installation of utilities. This easement, being 20 feet in width, runs from Bradley Creek Point Road along the entire southern line of the "Cline Tract' conveyed by C. K. Equities, Inc. , as Trustee, to David Michael Cline and wife, Patricia Hearn Cline, recorded in Book 1307 at Page 860 of the New Hanover County Registry (being the same tract conveyed by deed from S & G Prestress Company to Meares Harriss, Jr. and wife, recorded in Book 942 at Page 216 of the New Hanover County Registry) , the southern line of said 20 foot easement being the southern line of the Cline Tract from the beginning point of said tract to the northeastern corner of the old Harriss Tract and the northern line of said 20 foot wide strip -2- !1 1 BOW' pea 1372 Ib6O being located 20 feet northwardly from the south- ern line of said strip when measured at right angles thereto, running parallel with said south- ern line of the property described in Book 942 at Page 216 of the New Hanover County Registry from said Bradley Creek Point Road (Map Book 10 at Page 27 of the New Hanover County Registry) to the easternmost line of the property described in Book 942 at Page 216 of the New Hanover County Regis- try. Together with and subject to the access for ingress and egress over all of Bradley Creek Point Road (private) as shown on a map recorded in Map Book 10 at Page 27 of the New Hanover County Registry. R42$/KASR5 TO HAVE AND TO HOLD the above described premises together with all and singular the rights, privileges, easements, tenements, duties and obligations and appurte- nances thereunto belonging or in any way appertaining unto Grantees, their heirs and assigns, in fee simple, FOREVER. And, the Grantor for itself, its successors and as- signs, covenants with the Grantees, their heirs and assigns, that the Grantor is seized of the premises in fee simple, has a right to convey the same in fee simple and the title is marketable and free and clear of all encumbrances, except as stated hereinbelow, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. The property so conveyed is subject to: 1. Restrictive Covenants, if any, applicable to this lot; 2. Easements to public utilities of record; 3. Ad valorem taxes for the year 1987 and thereafter; 4. Zoning and/or Subdivision Ordinances and Regulations adopted by the County of New Hanover; and 5. Grantor does not warrant the title to any portion of the premises herein described and conveyed that may be below the high water mark of waters adjoin- ing this tract. -3- JAN 1 4 202c Jit BO!)r PAGE 1372 1 561 IN WITNESS WHEREOF, the Grantor has caused this instru- ment to be executed in its corporate name by its duly agthor.ieed officers and its corporate seal to be hereunto ', ''.tf. t r d all by authority of its Board of Directors, the day ': liVY adr first above written. 1,C,11,11)::t...Fd''<t • . C. K. EQUITIES INC. Trustee a° 'lb `; �� a North Carolina fr ••.. .: a, potation • ' a 1 4,:ate Seal) C SY: ;#01iVi›e'l S•:42.,..;IP1' . 4�. ,•. Pres dent 'icy. -1- 1.1 • 'r-.`j; c Cretary ** ** ** ** ** ** STATE OF .J1ASSACH(JSS rTS COUNTY OF ESSEX, I, Gary B. Gozycki E , a Notary Public in and for the aforesaid State and ms County, do hereby certify that WANDA H. CARLBERG, personally ap- peared before me this day and acknowledged that she is the Secretary of C. K. EQUITIES, INC., a North Carolina corpo- ration, as Trustee, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corpo- rate seal and attested by herself as its Secretary. Witness my hand and official stamp or seal, this the 2Otltiay of April , 1987. c Notary P lic My Commission expires• ;. .,.,, _: MyOOMMIBSIONEXf�O lb,I" �'`',•''';;y : G :f:- STATE OF NORTH CAROLINA _ New Hanover County . The F ragoin _Certificate f is teat ted to be torte t. • Thi3 the.2 _ day of .L- 3 ' kcca - k ..Reg. i W Deeds • B - r -- JAN 1 4 7[ ,, Y; BOur. -a•,t 1511 1590 Return: Div. Marine Fisheries. Submerged Lands, PO Box 769, Morehead City, NC 28557 STATE OF NORTH CAROLINA TAX I.D. NO. 57.00 003 Oft COO NEW HANOVER COUNTY IN RE CLAIM OF ) DECLARATION OF FINAL Joseph W. Kittinger and wife, ) NEq0UiTION OF Sandra P. Kittinger ) cum' TO SUBMERGED LAND TARE NOTICE: 1. Pursuant to G.S. 113.205, 113-206 and the rules promulgated thereunder, the Secretary of the North Carolina Department of Environment. Health, and Natural Resources, through his designee, the Director of the Division of Marine Fisheries, has issued a final resolution pursuant to G.S. 113-206 and 15 NCAC 1G.0103 concern- ing the submerged lend claim originally filed by Meares Harries, Jr. and wife, Mary Kirby Harriss. 2. The lands subject to this final resolution are limited to those submerged lands which were claimed by Meares Harries, Jr. and wife, Mary Kirby Harriss pursuant to C.S. 113-205 and are described more fully in the following: 40 Deed Book 1372 Page 1558, New Hanover County Register of Deeds 3. As the successor in interest to the original claimant, Meares Harries, Jr. and wife, Mary Kirby Harriss, the current claimants, Joseph V. Kittinger and wife, Sandra P. Kittinger, asserted title to the submerged lands covered by the claim. . ' « 4. The interest now claimed by Joseph W. Kittinger and wife. Sandra P. vKittinger in the lands described has been denied. This final resolution does not 5 affect or impair the common law riparian or littoral rights running with lands i g located above the mean high water mark. 5. Notice of this final resolution has been duly served on Joseph W. Kittinger and wife, Sandra P. Kittinger by certified mail. 6. The Secretary directs that this declaration be recorded under Joseph W. Kittinger and wife, Sandra P. Kittinger in the grantor index and cross-indexed under the State of North Carolina in the grantee index in the NEW HANOVER County Register of Deeds. This the 6 day of ist . , 19 go . WILLIAM V. COBEY, JR. Secretary� REcJhw := a•. •,::tiriED By: G/.s!.lcw.4 •. .e -. REBEC�.:,r.'Esc:. ER 8e William T. Hogarth. Ph.D., Director RECiv'- • 'F' North Carolina Division of Marine NE,''.. Fisheries Department of Environment, SEP 21 II 08 El ',7O 0 Health, and Natural Resources Pursuant to 15 NCAC 10.0103(3) • JAN: 1 4 ?U? 193602 . • • 1511 ISiI • THIS INSTRUMENT APPROVED AS TO FORK by THE ATTORNEY GENERAL'S OPPICE LACY H. THORNBURG Attorney General 11 w By: . thicll...... Latent Attorney G ral NO g OLINA (��4.4.10.4t0.... ����' COUNTY I, a[. .10.4t L., , A Notary Public. In and for the said County and State, do hereby certify t Dr. William T. Hogarth personally known to me, person- ally appeared before me this day in said County and State and duly acknowledged the due execution of the foregoing instrument of writing for the ,�ryp�o}sea the ein expressed. Witness my hand and official seal this the 10 day of '�"I"' • 19 b. •°:.,..,1:'•L•.A'�;) � L. .�-f.. . Notary Pub My C.dniihs Tres r:Pr 'ly';; ik" NORTH CAROLINA New 143eir dt✓ COUNTY • The foregoing certificate of Jeanne L. Azafeono a Notary Public of County, State of North Carolicd, is certified to be correct. This instrument was presented for registration this day and hour and duly recorded In the office of the Register of Deeds of County, North Carolina in Book Page This 2i _ day of p , 19 , at o'clock It B Regis er um Deeds JAN 1 4 202 9 2 _ • f Location Map rlif'" Av. --,,,ri fki.c.44.7 lity Iwo WRIGHTSV LLE-AVE — t`---- U,,� .v+''ow ;1 , pr. . .,./ 111IL It 40 fir .Tif e-<- ..A-/-' -C • • ),,, 4,•,v,,•,41t. 4 iw 111Pe 1P4,4 :littgik‘' %.% 1°1 SI . 0)**0' / 40 \tiiittiraliNIP 4(1 4t, - A .'• 10 001- --- 1% P. i",,,it *0. _ � a4 �L L,--r, rr e .11 A /44 -I ) ( r.,,..,,,L.\.„-,,, i„,",,p , 4,,_ . .. 0_ — i}4 ar � M `. / if/ Pos Soile,,P - '« kIP'ar'rr. --"' N''Q'"":\''''-- or li - '---,waiiyigg ,,,,,, ._ a. ,-_,-. ,. ,, ,..11r# i , '77.3,_,,r--67,--. N"'",,,,,....„,,,, ,i - ' 7 jr-- „.. \ 4 w ,...,,.-.-4)..1 ill -4-'''''''.---['—'7:6.---P-41:--)'.3.''''''''\'''''' N': . . " - -,„y, --_ _ i , C.,'I iip ..,,...-,... „ .,.... ,,, .... _,.. iii I, i''1::: V.'. -r9 .,) i 44:114t4 44 ''),,_:-.1;" I a I�f 55. Spoil Sit-Fr _i-r , I **i , (_ - • ,,_, •, i •'S ,... tom-... 44 t ,4-.4j y * � �- =, *Lie/tit 6.., &.•.....-•••?----,......i - ) k...- ,,,- --‘...,., • .ram , ,.ioziri2i, tip,-------*,Z -3 s. 1\Xw4r i /,�,�.- =.`, - — ` New Haan ver County,NC \ 0c4 4 Joseph &Sandra Kittinger CLAN 1 4 2022 303 Bradley Creek Point Road Wilmington, New Hanover County Prepared By: Debbie Wilson 12/6/21 Scale: NTS Sheet 1 of 4 Existing Conditions Joseph & Sandra Kittinger 303 Bradley Creek Point Road Wilmington, New Hanover County Drawn By: Debbie Wilson Beane Wright Partners, LLC 1216/21 Scale: 1" = 30' R05700-003-063-000 Sheet 2 of 4 P.O. Box 1039 Wrightsville Beach, NC 28480 , E 0. A 4. ik \ k ° a Existing Water Depths - __� , - iw. t Relative to N.LW Marsh z -4' Contour is 110' from end k of northern breakwater Joseph & Sandra Kittinger A * 303 Bradley Creek Point Road Wilmington, NC 28403 A * Existing Bulkhead Nx. . 175' to AIVVVV ' ow. 1 E { Exlstin, Setback -3' Vc- • Marsh ,- ' * ' Breakwater -2' ' -1.2' '--Existing -2.5' Existingulkhead k r4 -0.5' - -2.2' A A -2' '1' -2 -2' -i 7' k k Existing Entrance Channel -2.2' -g P. A ••rr :fK �c . 3 i3{Q ' 7i1 1.1 4 E 0.75' -1' ' 1 0.5' ::: :Mer 0.5' 025'Existing _2. IT--3 -2.9' Basin -2, -0.5' -0.5' -0.8' r • -2.2' -1.9' -0.5` 4- -2' -0.5' 'a -2.1' -1.3' 0, f *- ii • A A A - ' InNIAlgt A E Marsik E 4 Existing Bulkhead t. Upland �_.� 0 y Bradley Creek Point Holdings, LLC Ari 305 Bradley Creek Point Road Marsh RECEIVED Wilmington, NC 28403 k F A * * * JAN 2 8 ?II.: • * F DCM WILMINGTON, NC, • xisting Pier v. 1 0 **Ce 4 Joseph & Sandra Kittinger Proposed Maintenance Excavation 303 Bradley Creek Point Road Wilmington, New Hanover County Drawn By: Debbie Wilson 12/6/21 Scale: 1" = 30' Beane Wright Partners, LLC Sheet 3 of 4 R05700-003-063-000 P.O. Box 1039 iz Wrightsville Beach, NC 28480 4 0 E 4 w Red Hatched Area is the Proposed \ Maintenance Excavation Footprint < -4' @ NLW within Basin / to -4' Contour of the AWN Marsh z z Joseph & Sandra Kittinger ' 303 Bradley Creek Point Road 4. Wilmington, NC 28403 175'ToAI_ Existing Bulkhead - 430' to -4' con our --Setbackfrom ~- Breakwafe , i Marsh', of AIWW ;� --Brea wat NN.0 NA. , N V 6' Existin - ,- "-� . 34 {s qg E Bulk ead f .k---c* Y ! N N 33' i Sh `t Existin nuance Channel \N m NH !� ` 30' \ `. 130' 5' 50' E [u _ F \ . �., Existin. --- ',a ego. A- 1 8' D o I - Breakwater :NN ,-„,, ' J 35 r r �.66 62, 23' �'\ 24' '', `,r �!_ 0 I 4. E. Hof 4 *Marsh HW �! �,f Existing Bulkhead - n. r P Upland g.� 1\' � L E. H W k E o co o Bradley Creek Point Holdings, LLCMo 305 BradleyCreek Point Road Marsh \ o Wilmington, NC 28403 k F E RECEIV.E° A- �r MAR 03 2022 F F _ j Existing Pier J4J 1 X-Sections 4 ji existing _Grade y Water Depths Relative to MLW .. A CUT 3' 11111 Ellillill11: 'V -30' 0 30' Typical Basin X-Section NTS 1\ -� ifz sting Grgde .. r -13' -2' Water Depths Relative to MLW CUT -�•-3' • _4' 5' k -15' 0 15' RECEIVED Typical Access Channel � NTS BAN1Q22 D cm ,: Joseph&Sandra Kittinger 303 Bradley Creek Point Road Wilmington,New Hanover County Drawn By:Debbie Wiison 1216/21 Scale;NTS Sheet 4 of 4 Li 0 fLk _=--,- STATE of MpY o 17, 0��1 ROY COOPER - `-A Governor ELIZABETH S.BISER ` r 1z _- Secretary *fn`Q +si`°Ea*_" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 4, 2022 MEMORANDUM: 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.luck©NCDENR.gov SUBJECT: D & F Applicant: Joseph & Sandra Kittinger Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County. Proposed Project: The applicant proposes to perform maintenance excavation within the existing boat basin and access channel to connect with the federally maintained AIWW. The access channel has existing coastal wetlands that would be impacted with maintenance excavation. The project also includes a small area of new excavation within the established boat basin and waterward end of the access channel. 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 March 30, 2022. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE D_E Q North Carolina Department of Environmental Quality . Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 NORTH CAROLINA Deperh e t of Environmental Quality 910.796.7215 Major Permit Fee Schedule Project Name:YillUI� 1�Wr, Off County: N Check No &Amount: WICV41, i4CC sy Sq oa Development Type Fee DCM % DWQ (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: Ill. 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: 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 1CM 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 C$406M 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 and/or open water areas: