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HomeMy WebLinkAbout20220368 Ver 1_CAMA Application_20220307DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Dennis Duke, c/o Jimmy North 2. LOCATION OF PROJECT SITE: 8504 Bald Eagle Lane, in Wilmington, New Hanover County, adjacent to the AIWW. Latitude: 340 17' 32.29" N, Longitude: 770 44' 47.18" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/24/2022 Was Applicant Present - Yes- agent 5. PROCESSING PROCEDURE: Application Received - 2/22/2022 (initial) 3/2/2022 (complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - NIA Planned - NA (F) Type of Structures: Existing -Private 2 slip docking facility with a floating dock, boat lift, and gazebo. Planned - Reconfigure and expand the existing floating dock to accommodate 4 boat slips, (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) 395 ft2 (Additional Incorporation) (C) Other- High Ground (D) Total Area Disturbed: 395 ft2 (0.009 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to reconfigure and expand the existing docking facility to include an expanded floating dock for a total of 4 boat slips. 8504 Bald Eagle Lane, Dennis Duke Page Two 9. PROJECT DESCRIPTION The project site is located at 8504 Bald Eagle Lane, on the Atlantic Intracoastal Waterway (AIWW), in Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north approximately 53 miles on Market Street (Hwy 17) towards Porters Neck. Take a right on Porters Neck Road and travel 0.9 miles to the traffic circle. Continue straight through the traffic circle staying on Porters Neck Road for another 1.4 miles. Take a left at the stop sign onto Bald Eagle Lane. Travel approximately 0.5 miles and the property will be on the right. Currently, the 0.92 acre property has a 2 (two) slip private docking facility. The average elevation of the property is approximately 8' above normal high water (NHW) with approximately 100' of shoreline. The high ground portion of the property has ornamental landscaping, weedy vegetation, and some lawn grasses. Coastal Wetlands, consisting mainly of salt marsh cord grass (Spartina alternaflora) exist in an area measuring approximately 60' in width, 48' of which are below NHW. The existing docking facility consists of a 6' by 162' access pier, 138` of which are below NHW. The access pier that terminates in a 19' by 19' gazebo positioned in a L-head configuration to the south. A small 16' by 6' area of uncovered platform is located waterward of the roofed gazebo. An access ramp extends from the 16' by 6' platform south onto an 8' by 16' floating dock positioned perpendicular to the shoreline. A 13' by 13' boatlift is located on the northern side of the gazebo. An area of submerged aquatic vegetation (SAV) habitat, mapped by the Division of Marine Fisheries exists between the waterward edge of coastal wetland and the gazebo. During a site visit on February 24, 2024 DCM verified water depths and did not note any shellfish resources. The original docking facility was authorized through General Permit 32596-D issued on January 27, 2003 and later reissued on June 6, 2003 through General Permit 34190-D. The original docking facility included a pier and platform with a boatlift and access float for the lift. Based on Google Earth imagery and permit history it appears as though the floating dock was not installed in the authorized location but instead on the opposite side of the gazebo and boatlift. General Permit 59206-D issued on April 14, 2012 authorized the expansion of the platform and the addition of a roof over the platform, No further permit history could be found. The New Hanover County Land Use Plan classifies the area in the vicinity of the project area as Conservation. The waters in the project area are classified as SA-ORW by the N.C. Division of Water Resources. They are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are open to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to reconfigure and expand the existing docking facility to include an expanded floating dock for a total of 4 boat slips. The reconfiguration includes moving the existing ramp approximately 10' landward of the gazebo extending south. The ramp would extend onto a 12.5' by 6' float positioned parallel to the shoreline and an additional 8' by 40' float would be attached to the southern end extending in a waterward direction perpendicular to the shoreline. The proposed 8' by 40' float would not extend farther waterward than the existing platform and gazebo, which currently extend approximately 11 V into the 567' water body. No existing or proposed development would be within the 15' riparian setback (see Sheet 1 of 2). 8504 Bald Eagle Lane, Dennis Duke Page Three 10. ANTICIPATED IMPACTS As proposed the new structures would result in the incorporation of approximately an additional 395 ft2 of Public Trust Area and Estuarine Waters. The project area consists of open water, no impacts to vegetated wetlands or to the high ground areas are proposed. The constructed features would not encroach into either adjacent 15' riparian setback, nor encroach into the established pierhead line. SAV habitat is mapped in open water areas between the coastal wetlands and the gazebo. No proposed boat slips or floating docks are located within the mapped habitat. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: March 3, 2022 Office: Wilmington Dom MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name MI Last Name D Applicant 2: First Name Mi Last Name If additional applicants, please attach an additional page(s) with names listed. MaHing Address PO Box city State ZIP Country Phone No. ql ext. FAX No. Street Address (if different from above) City State ZIP Email ll C- to 2. AgentlContractor Information Business Name C—q "r Agent/ Contractor 1: First Name M!, Last Name zk Agent/ Contractor : Fir Name M1 Last Name Mailing Address Ile ti PO Box City State YO A-) /U ZIP Phone Na, 1 Phone No. 2 exL ext. FAX No. Contractor Street Address (if different from above) city State ZIP Email <Form continues on backer W ��Al j) -""C 'i t .a2 0 0, ' T Form DCM W-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address ld State Rd. # 0c, 15o4 z�� s1c_Le-,e- Subdivision N City ( /M 2� AC_ ZIP '0'� Phone No. Lot No. (s) (if many, attach additional o vae with list) -9/� - 41? ext.9�3 — — b. Name of body of water nearest to proposed project — a. In which NO river basin is the project located? �C' 0 U c, Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. gNatural FlManmade ClUnknown I C e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed E]Yes Wo work falls within. 4J 4. Site Description a, Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) f > 00 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 00-/- NWL (normal water levet) (If many additions lot sizes, please attach additio 1page with a list) MNHW or EINWL e. Vegetation on tract CA S C_C.e eC/ c/14-61J, f. Man-made features and uses now on tract g. Identify and describe the existing land uses admacent to the proposed project site. "—q" ( Iq h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, it applicable) d Wes E]No EINA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Elyes jRQO k, Has a professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes )9No [:]NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes a NA National Register listed or eligible property? ' <Form continues on next page> ITR 2 3 ; id s) / A r '�V �V ''d A, $ T Form DCM INAP-1 (Page 3 of 4) APPLICATION for Major Development Permit — m. (I) Are there wetlands on the site? -----Oyes —EJNo (ii) Are there coastal wetlands on the site? �(es EJNo (iii) It yes to either (i) or (ii) above, has a delineation been conducted? [:]Yes MNo (Attach documentation, if available) n. Describe existing wastewater treatment facilities, o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. r 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ElCommercial OPublic/Government Wrivate/Community b. Give a brief description of purpose, use, and daily 0 operations of the project when complete. " "10 c, Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equip t and where it is to be stored. 5 � �/ 7 '-'4- C' 5 , y- p, /' SS k- e T e ,T1' S / 0 Jt7 Cq S 0J'P d. List all development activities you propose. — 'ILI Clio C' e. Are the proposed activities maintenance of an existing project, new work, or both? New i. What is the approximate total disturbed land area resulting from the proposed project? EJSq.Ft or ElAcres --- f—") 0 ej C g. Will the proposed project encroach on any public easement, public accessway or other area ]Yes 0 EINA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. -F42 I. Will wastewater or stormwater be discharged into a wetland? []Yes BNo EINA If yes, will this discharged water be of the same salinity as the receiving water? FJYes E]No [—INA i - is there any mitigation proposed? []Yes p NA, If yes, attach a mitigation proposal, 2 (V <Form continues on back> -i T Form DCM MP- I (Page 4 of 4) APPLICATION for Major Development Pern-ift 6. Additional Information in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in orderfor the application package to be complete. items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An —accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A GOPY 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 —_ —_ _14,.- Phone No. Address 61" C_ g_.�" Name Phone No. Address q'It A=_IA Phone No. Name Address g. A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. r 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.&S. 11 3A 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. 1 7. Certification and Permission to Enter on Land . . . . . ...... J 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 yknowledge, Date Print Name A Signature Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information FJDCM MP-3 Upland Development WCM MP-4 Structures Information 171DCM MP-5 Bridges and Culverts 'j* Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government (Private/Community ❑Yes Nlo c (i) Dock(s) and/or pier(s), (l Number 1___/ / f r (iii) Length (iv) Width (v) Floating 'Yes ❑No e. (i) Are Platforms included? ❑Yes INo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i)Numberofsli ropos d�l�,� (ii) Number of ips existing n i. Check the proposed type of siting: ❑ Land cut and access channel Open water; dredging for basin and/or channel f Sopen water; no dredging required ❑Other, please describe: k Typical boat length: l c• m. (i) Will the facility have tie pilings? ❑Yes IgNo (ii) if yes number of tie pilings? d. (i) Are Finger Piers included? []Yes KNo If yes (ii) Number (iii) Length (iv) Width (v) Floating [-]Yes ❑No f. (i) Are Boatlifts included? ❑Yes JKNo If yes: (il Number (iii) Length (iv) Width h. Check ail the types of services to be provided. ❑ FulI service, including travel lift and/or rail, repair or maintenance service ❑ 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: ae p V ( �jr- GSC j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). r (4 eu a bo ram. 1s I (i) Will the facility be open to the general public? ❑Yes �KNo Form DCM'MP-4'(StriicttjrPs, Page 2 of 4) 2. DOCKING FACILITYIMARINA OPERATIONS M This section not applicable a Check each of the following sanitary facilities that will be included in the proposedproject. F] Office Toilets El Toilets for patrons; Number: _; Location: tj t4 El Showers El 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. M d. How will overboard discharge of sewage from boats be controlled? .�U A .............. .... -­-..­­­­ . ........ e . (i) Give the location and number of "No Sewage Discharge" signs proposed. (J) Give the location and number of "Pumpout Available" signs proposed 10/� 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. —ILt4& 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? /V 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? ' 6, m. Is the marina/docking facility proposed withun a primary or secondary nursery area? I 2 3 ryes F]No 4 d �2 z 0 3 08 1 3, 'Y C -1. �!:5 %1 it 'A I i Ni� Form 9CM'MP-4'(:sstrurtur,es, Patje 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? E]Yes No o, Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (VVL)? If any boxes are checked, provide the number of square feet affected 0 cw EISAV EJSB FIWL 2None p, Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? E]Yes Me If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) Mhis section not applicable a. (i) Is the boathouse structure(s): ElCommercial E]Public/Government F]Private/Community (ii) Number, (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc, ff a rock groin, use MP-2, Excavation and Fiff) gThis section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) this section not applicable a Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands � 6. MOORING PILINGS and BUOYS 0 This section not applicable I a. Is the structure(s): OCommercial E]Public/Government DPrivate/Community c. Distance to be placed beyond shoreline --- Note: This should be measured from marsh edge, if present. e. Arc of the swing b, Number d, Description of buoy (color, inscription, size, anchor, etc.) Form DCM' MP-4 (Strkictvires, Paqe 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body .It N e (i) Will' navigational aids be required as a result of the project? E]Yes �No nNA (ii) If yes, explain what type and! how they will be implemented. b. Proximrty of structure(s) to adjacent docking facilities. Aq 6(, d. Water depth at waterward end of structure at NLW or NWL --32- 18. OTHER EgThis section not applicable I a. Give complete description: -/4"? C) A51 Date Project Name Applicant Name Applicant Signatur 2 3 NP2 It, 5 21 - 8 Z 3, F A ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Jimmy North 6314 Wrightsville Ave. Wilmington, NC 28403 Dear Mr. North: NORTH CAROLINA Environmental Quality March 3, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dennis Duke, for State approval for development of the subject property located at 8504 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, in New Hanover County. It was received as complete on March 2, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 16, 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 2, 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, p Katharine Elks Field Representative cc: Cameron Luck, DCM Holley Snider, DWR USACE Dennis Duke, Applicant Christine Bouffard, LPO North Carolina Department of Environmental Quality I Division of Coastal Management EQ7> Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 4, 2022 Ganl,egPubNoticesggannett.com 2 Pages Star News Legal Advertisement Section NORTH CAROLINA Fnvironmental Quality lZe: 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. 489'895). Thank you for your assistance in this matter. 11-N S, cerely 'ly-Ili, Tanya ictila cc: M14C Files Cameron Luck — M11C USACE Permitting Support & Customer Assistance North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7967215 NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A41 19(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 Mre&o) 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. hater 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, Q-4-4 North Carolina Department ofEnvironmentalQuality I Division of Coastal Management Wilmington Office I 127Cardinal Drive Extension I Wilmington, North Carolina 28405 NCMCMOLINA < 910,796.7215 11115/2020 UM211 - D"IR requests jlrr;,r:,jf i!o7th <jimmymnorth@gmail.com> Draft To: Sun, Nov 15, 2020 at 8:50 AM From: Jimmy North Coastal Marine Construction 6314 Wrightsville Ave. Wilmington, N.C.28403 910-231-8514 z :7 1-- I-e", Job - The project proponent hereby certifies that all information contains", and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authoirity regr' —d on this CWA 401 certification request within the applicable reasonable periodr;' Thank you, Jimmy North f H3 2 31 o902? htips;//mail.google,com/rnailiulO?ik=82ede64342&view=pt&searcli=drafts&permmsgid=nisg-a%3Ar9204801915164916622&dsqt=1 &simpI=%23ms9-a111 ._. AGENT" AUTHORIZATION FOR CAMIA PERMIT APPLICATION � V Nameof Property owner Requesting Permit � Mailing Address: r1r'' 'Phone NUmber Email Address,' l certify, that t have authorized Agent f n aclor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at 10 in unty. l rtherrna re certify that l aufhonzed a., the Lc t pt`rrnit oficer, and their agentsnd do in, fact grant permto ente�r� fr.' Division of Coastal Management st on the. af'rrem6ntibned!, lands in connection with: evaluaifngr in6rr iati6n related tv this permit c`� plCC+3tiOn Pr erty'Owner lnf W arure: y Pnn#'or Type Name -title f f 112-f w � [fete N r This certification is valid through f� l t i M.C. DMISION OF COASTALMANAGEMEhrr "TT OW-4al-blUR-MA, �*'J-vw Name of Property Owner �15O/ Address of PFOP": C Mailing Address of Owner. —.-- �2 Z H-Q., A, S J '17 Owner's email: I�L' kc �(--J -) AgentsName: e, Agertrs Email: I he by ceffll own properly adjacerttiothe above refiarwirW permit has de sWbed to me, as shown on the emched drawfiv, I DO NOT have objections to this PMPOsal- 1 -1 fIF U objecdons to m4W is Why proposoxi, you ntas Managment (1)CAq in wriftq wMin 10 days of raI ofth marled MD 127 CaWmd Drive M WdU0091IM14 NC 264M M* I (910) 79rp-7w5. Na response is considered the same- as no 4 Cer~ may. WAVVER SEC;WM I undemliand that any PmPosed pier, dock, mooting PMrW,, bo* 0 must be set b9pk a mfnfrnm dislance Of 19 *01101 MY GM8 (14 AW does not apply to bulkheads or riptap reve#Mft) (11 YW Wi8b W approprWe blank below.) I DO vAsh to Waive sometaU of the 16 setback Signature of Adjacent -OR- 76i6'3160 0001 9590 3990 > mxo 10 0 11 wn2 I do not wish to walve the IV setback requirement (Initial the blank) Signature of Adjacent Riparian PropeftyOwner: TypeaPrInted name of ARPO. (11(—D Mailing Anss of ARP0-. A"O's email - Dale. Is valid for top to on-, year ihmm ARPWs Signature 61 iV ReWsed May 2021 2, 3 2,022 �-) ("I m Y'VI V B " M � �4 GF ( I N.C. DIVISION OF COASTAL MANAGEMENT Ff 111FIR1151! 111TITITTITIF! �� Name, of Property owner Address of Property: Mailing Address of Owner: L, L 12 9- Ownees email: 0, �J `&neVs Phone.#: Agent's Name: Agent's Email". Agent. Rmne#-, ri /0 , � 31 -- 9`e / (/ " 1. I hereby car* that I own property adjacent to the above referenced permit has described to me, as shown on the attached dramfing, t A descriotion or drawing, with dimensions. must be provided mrith tt I Do NOT have objections to this proposal. 100 (m) 79a-72m- xo response is considbmd Me same as no r ,arWed Mail WAIVER SEG110" I understand that any proposed pier. dock mooring pilings, bo:at r must be set back a minimum distance of W from my area of dpai does not apply to bulkheads or riprap revetments). (If you Wish to appropriate blank below.) I DO wish to waive somelall of the 16 setback C08 he 711" SignatufoofAdjac,entf?ip&l.-li..-..-- 9 I do not wish to waive the W setback requirement (initial the lank) Signature of Adjacent Riparian Property Owner: o TypedlPrInted name of ARPO: Mailing AddrIess of ARPO- ja8 %A)C ARPO's email- L rr ARPO's Phono#- '' �,� 17 Date: �62=—-Waive er Is valid for up to one year fray rn ARPO's SignatufW F y �jj� d May 2021 , � 4 E 2 3 F F R 9, 3 j m Ej REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 d9RARao p, 4nAAAAR�^RRIRAAdYAAAAAVkRdNAAYaAR�A;RAAAAAARAAA AAR'RAAA A R*RAA A RAAAa A**RRAA'R ARMBRAAA AARAARAAd NRd:�A9kA***** A AAA R RA'ARRWI A'k R A R A A** Fil d For Registration. Book: A'ARAAARAAA:AARAARAAAAAAdrAAf;4AwAAaYAAAAA..AAA A AA A oft** A*AA AAA**"***Pi*AAAA"AARAAAAAAiAAAAAAAarAAA RRAAAAAAA&ARRAAARa.RAk&ARAa9AAAAAA State North Carolina, unty of Now Hanover REBECCA T. CHRISTIAN, REGISTER OF DEEDS Deputy/Asm4glent Register of Deeds RARAAA AA A'.RiPAA wRA AA GN.W.RR'&AAAW OYdWAipAkR,R&Ax4fi AAdNRAA AA kMAA AA AA'&AAMRR.RA'A RAAde tl;ARAAAARRlb tlt i4AMYAkA:4AAR*'&A'A ka4 AA A* ARR 4.***MRRAARA YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN ITT ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDINIIG. *200301'3673* I"TB 2 J� � yy 6 STATE OF NOR71f CAROLIr COUNTY OF NEW--HANoVpj� , 'k'C'( I'Alko-ANUA _ilv.,;�--�T�'. �t.a,.-..--.---.--,--,-------, a Notary Public in and for the State and County aforesaid, do hereby certify that Hugh T. Caldwell, Jr., and wife, Linda W, Caldwell, personally appeared -before me this date:, and acknowledged the due execution of the foregoing instrument. 2003. WITNESSmy hand and Notarial Seal., this the 3-19�'.- day. df4,7,M'tXv,, 'P 1) 4 0A MY COM?rlistiOn Expires: G7 14-0�3 Notary Public, STATE OF NORTH CAROLINA "%0 COUNTY OF -NM+-RMWVM P&,jde a Notary Puhl,ic in and t ior the ate and County aforesaid, do hereby certify that Charles I,. Caldwell and wife, Deborah H. Caldwell, personally appeared before me this date, and acknowledqed the due execution of the foregoing instrument. 2003. WITNESS my hand and Notarial Seal, this the ��fd_day of March, V Votary Public -- MY Commission Expires, /I)my .... .... .. Ativi.0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER in and for the State as County aforesaid., do hereby certify that: Cheryl, B. Stone, unmarried, personally appeared before me this date, and acknowledged the due'execution of the foregoing instrument, 0 ITUESS my hand and Notarial, Seal, this the kdkAY Of March, 00,0 01A y P U 8 N4ary Pul)lic 111k'?!.V;-Commisaion Expires. 1 -31D --W M STATE OF NORTH CAROLINA COUNTY OF' NRW HANOVER a Notary Public in and for t1le State and County aforesaid, do hereby certify that Helen S. Litchfield, unmarried, personally appeared before me this date, and acknowledged the due executioil of the foregoing instrument. WITNESS my*hand and Notarial Sea!, this the 2003. Notary Public My Commission Expires: 44(v NN" 9607 STATE OF NORTH CAR0j,INA COUNTY OF NEW HANOVEP a Notary Public in and ior the State and County aforesaid, do hereby certify that Leon D. Brown and wife, Sylvia G. Brown, Personally appeared 4QbQVV Fate this date, and acknowledged the due execution of the ( 461.6� instrument. ,K WITNESS my hand and Notarial Seal, this the d 6 f 2003. Notary lic MY Commission Expires: STATE OF NORTH CAROLINA COUNTY OF NEW ILAROM I - -- ­ - a Notary Public and for nd County aforesaid, do hereby certify that C3,a A. Brown, unmarried, Personally appeared before me this a and acknowledged the due execution of the foregoinq ent. 0 ..P TN SS my hand and Notar, ..al Seal, this the 4-clay of March, N a ota y Public MY C011111lission Expires. - STATE OF NORTH CAROLINA Cowry OF NEW HANOVER a Notary Public "or the Stat I and Coun'ty 1.n and L' afoxrsaid, do hereby certify that ?*a,,s,,, , ,rown and wife, Ann W. Brown, personally appeared before s,date, and acknowledged the due execution of the foregoinc "NESS my hand and Notarial Sea!,, this the J� 0 I 1� day of" fi�d K:* - a 1,0?2 of P1,1blic MY COnlfflissl-on Expires: 0 f"3 INI STATE OF NORTH CAROLINA COtJN'I'Y OF NEW HANOVER a Notary Public in and for the State and County aforesaid, do hereby certify that Helen S. Litchfield, unmarried, personally appeared before m, date, and ac)wiowledged the due execution of tile instrument Ile WITNESS my hand and Notarial Seal, this tile d 2003. My Commission Expires: Notary Public STATU OF NORTH CAROLINA COUNTY OF NEW HANOVER a Notary Public in and for t.lne Stag and County aforesaid, do hereby Leon D. Brown and wife, Sylvia G. Brown, personally a) me this date, arid acknowledged the due execution of instrument. WITNESS my hand and Notarial Seal, this tile 2003. MY Commission Expires. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER a Not Public in and the State and County aforesai'd"", "do hereby certify that Patricia A. Brown unmarried personally I t 1.1 y avveared before me this ld� , and acknowledged the due execution of the foregoing ument,:, NJ t A Poo TNESS my hand and Notarial Seal, this the - '. �Skj_dav of March sion Expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER o- D"s tary Public 1, ­ .­.'...__..­_ ...... ...... a Notary Public in and for the Stat. and County aforesaid, do hereby certify that homaS F. Brown and wife, Alin W. Brown, personally appeared before tt ILE, date, and acknowledged the due execution of the foregoing ent. I A A M, (' �f-" r "" f TNESS my hand and Notarial Seal.., , this the � , ..day of March, 340 otary Public (sea 1) EEE STATE OF WI 6'(-0 NS N (,'OIJNTY 0y) a Notary Public in and for the State and County aforesaid, do hereby Certify that Kimberly Brown Lee, personally appeared before me this date, and acknowledged the due execution of the foregoing instrument, WITNESS, my hand and Notarial Seal, this the day 2003. Notary Fuel is MY (�Ommission Fxpires: N STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I. ­_-jAT1 j1. Ward a Notary Public in and for the State and County 'd-o' be-r-'eby certify that Ieon D. Brown as Executor of RICHARD E. BROWN ESTATE, personally appeared before me this date, slid acknowledged the due execution of the foregoing Instrument, Febintary WITNESS toy hand and Notarial Seal, this the _28tli— day ofxftx*Ji, 2003. My Commission Expires: 5-18-03 41 C-; STATE OF NORTH CAROLINA 'g, ,14 HANOVER COUNTY OF NF a Notary Public in and for the State and County aforesaid, do hereby c-e-r-l-lify that Thomas E. Brown as Executor of RICHARD E. BROWN ESTATE, personally appeared before me this date, and acknowledged the due execution of 4he foregoing instrument. WITNESS my hand and Notarial Seal, this tj -..3x4_.. d of March, 2003. N tary My colmniusion Expires: 00 JG $ ........ M _(Seal) CAROLYN 'C. DOLAN I , ICHARD H BRO 6 "'o oNou N/ '-f) BORA14 B. COKFR 0 4b N STATE OF NORTH CAROLINA couary oF., ia Notary Public S in and �r th;�Y t ' at jw1'1-"C1VCoun oresaid, do hereby Certify that - Carolyn C. Dolan and wife, Michael J.Do�lan, personally appeared before me this date, and Acknowledged the due execution of the f oregoing instrument. A/ WITNESS rriy hand and Notarial Beal, this .n the day of March, 11 A f) 11 MY ComMislion 8xpires. t9l- 6/- 1 STATE OF GEO�lj CTY OUN0 D r- -­-.---­ a Notary Public in and for the State and County aforeBaid, do hereby certify that Richard H. Brown, III, unmarried, Personally appeared before me this date, and acknowledged the due execution of thq--,- g n .i.nstrument, & 11 WITNESS my hand and Notarial MY Commission Expires. 0) / --11,1 --Oq I this the Notary 0 .04 STATE OF GEO -,IA COUNTY OF I. ....... ..... a for the State I and -11 County Notary Public im and do hereby certify that Deborah S. Coker, mimarried, personally appeared before cane this date, arid acknowledged the due execjjj:iojj of the foregoing �j nstrument. ,11 WITNESS my hand and Notari �003. MY Commission Expires- N�Amq FU*,, QwWwA Qn", (kK Fly co*m*Aftl Fjpv" Oc&*w 16x Togetheir: with all and singular the tenements, hereditaments and appurtenances thereunto belonging, 0X' ill anywise appertaining, M HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances tberetc, belonging to the Grantee in fee simple. Arid the Grantor Covenants with the Grantee, that Grantor is seized of the premises in fee simple and has the right to co�nvey the same in fee simple, that title is marketable and free and clear of all encumbrances, except 2003 ad valorem, taxes, and ordinances and municipal building code restrictions, if any, and that Grantor will WARRANT and DEPEND the title against the lawful claims of all persons whomsoever except: for exceptions herein stated. IN WITNSSS WHEREOP, the Grantor has hereunto set their handi:, and seals, the day and year f1rat above written. HSLi� '. LITCHFIELD (Seal) LEON DBROWN,, individually and Executor (f ICHARI) E. B WN tate (Seal) IA G. BROWN / (Seal) PATRICIA A, BROWN 9&a) THOMAS E. BROWN, individually and Fxecutor of R ' 'RARD E B ANN W, BROWN - Ad,— HUGW CALDWFLL, JR. a 1) LINDA W. (WDWELL CBARLES L, C'ALDWELL od"WU WNW DEBORAH 14. CALDWELL STONE -(Seal) v 1": [ R 2 3 � V t, THAT WHEREAS, Ric-diard E. Brown died and his Will i.s found in File No. 00 P 1166, in the Now Hanover County Clerk of Court's Offa.ce; and WHERRAS, the beneficiary tinder his Will who owns an interest in this property are Leon D, Brown and Thomas E. Brown ; and WHEREAS, Leatilt. Drown and Thomas E. Brown., Co -Executors, joins in this Deed to satisfy the requirements of North Carolina Gent.*.ral StatUte 28A-17-12; and THA,r said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed arid by these presents does hereby grant, bargain, sell and convey unto the said Grantee, their heirs and assigns, in fee simple, all that certain lot or parcel of, land. situated in Cap'e Fear Township, New Hanover County, North Carolina, and more particularly described as follows- .T./TF IOI4 .'r �dj S NECK PURTA A,L of Lot 26 in n- Bof AR Sectio, a ng to the STurvey prepared by J.A. Loughlin, in August 1949, and recorded in the office of the Register, of Deeds of Now Hanover County in Map Book 5, at Page 23. Also, such title and interest as R.H. Brown bad to that portion of land, and water lying between the lot heretofore referred to and the Inland Waterway within the lines extending th'eir property lines an shown on map above referred to running at a right angle of the road across the land, water, etc., to the edge of the Waterway. SubJect however, to an easOule`ht in favor of Carolina Power and Light Company for the erection of poles and otherwise erecting and maintaining electric, Power, and telephone lines subject further, to certain restrictions placed on this property in an effort to enhance its value and protect present and future owners which restrictions are part o'f consideration of this conveyance and are recorded in Book 364, at page 419. F' p I 2D 03, 1111UNNUMIN 2003613673 FOR REGLSIRAr I ON REGIS'TER CA, CEFj>,, " I, """VER CAT ' '' NEW IAN iQ C 0 'NT'I N FBC W MR f 1 02 17 30 PM OK 3683 PG 330-338 FFE $35 00 NIG REV 3TAMP41,170,00 RUM # MINI (Excase- Tax) $11,70.00 'Recording time, Book aiqlFIA, 1.0 C4 ALLEN ANUTACDONALD Tax Parcel No. R03809-001-001-000 1508 MILITARY CUTOFF ROAD R03809- 001 - 001 - 000 SUITE 102 WKNING170N. NO 2B403 1.1repared By: James A. MacDonald, Attorney 3.508 Military Cutoff Road, Suite 102 Wilmington, N.C, 28403 After recording mail to: Dennis & C.arolyn Duke 5700 Dutch Creek Drive Raleielk, NC 27606-8600 * * ** ****** ** * *** ** ** k* *** k **** **** **** k* STATE OF NORT14 CAROLINA WhRRANTY DEED COUN'l.'Y OF NEW HANOVER THI'S DEED, made this day of March, 2003, by and between HELEN S. LITCHFIELD, unmarried, an undivided 1/6 one -sixth interest), LEON D. BRO�WN an HXeCutor' Of RICH ARD E. BROWN ESTATE and individually with his wife, SYLVIA G. BROWN, an undivided 116 one - sixth interest, PATRICIA A. BROWN, unmarried, an undivided 1/6 one - sixth interest, THOMAS X. BROWN as Executor of RICHARD R. BROWN ESTATE and individually with his wife, A14H W. BROWN, an undivided 1/6 one -sixth interest, HUGH T. CALDWELL, JR., and wife, LID A W. CALDWELL, an undivided 1/1-8 ogre -eighteenth interest, CAROL YN C. DOLAN, and husband, MICHAEL J. DOLAN, an undivided 1/18 one - eighteenth interest, CHARLES. L. CAIA)WRTA, and wife, DEBORA11 11. CALDWELL, an undivided 1/18 one -eighteenth interest, RICHARD U. BROWN, 111, vinmarried, ai,x undivided 1/24 one-twentyfourth interest, KIMBERLY D. BROW14 LICE p unmarried, an undivided 1/24 one- twentyfourth, DEBORAH B. COKER, uiunarried, an undivided 1/24 one twentyfourth, interest, and CHERYL Si. STONE, unmarried, an undivided 1/24 one-twentyfourth interest, hereinafter called the Grantor, and DENNIS DUKE and wife, CAROLYN DUKE, Jjej­c,!ii!af ter called The des.ignat:ron Grantor and Grantee as used herein 14hall include said pArties, their he.i.rs, successors, and ass.i,qns, 41-id include 9iT-IgUlar, plural, mascul.uie, feininine or neuter1T� ,as rq 'I i6ld' by context. O'' ri blz CZ Elks, Katharine B From: Jimmy North <jimmymnorth@gmail.com> Sent: Friday, February 25, 2022 3:43 PM To: Elks, Katharine B Subject: [External] Re: 8504 Bald Eagle - Duke Attachments: image001,pnq Follow Up Flag: Follow up Flag Status: Flagged Go for it 04, N") CUP Thanks very much, have a good weekend. On Fri, Feb 25, 2022, 2:50 PM Elks, Katharine 8 <katharine.elks2ncdenr.gov> wrote: Hi Jimmy, Let me know if you hear anything from Mr, Duke about reducing the slip count by adding the pilings to the back of slip 1. This application should be ready for distribution as soon as Monday if I hear back about that. Thanks, Katharine Elks Katharine Elks Field Representative -Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910) 796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 OY COOPER Governor ELIZABETH S. BISER. Secretary BRAXTON DAVIS Director 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(a�NCDENR.gov SUBJECT: CAMA Applicant: Dennis Duke Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County. Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to include an expanded floating dock for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by 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 `' North Carolina Department; of Environmental Quality ( Division of Coastal Management EWilmington Office ( 127 Cardinal Drive Extension ( Wilmington, North Carolina 28405 4cat�jQAIOi_uvg i>aw�w44uua.nr. �Sie--iiw, 910,796.7215 Major Permit Fee Schedule C-66 q �so- a �n t^1 Project Name:County: v l� u' �14� Check No & Amount: pso tIV /'ka so DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $25 100% {$250} 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $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 DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: lll(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($2&5) 40% ($190) of wetlands and/or open water areas: