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HomeMy WebLinkAbout20220635 Ver 1_CAMA Application_20220204DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Eddie & Lynne Hardy, c/o Rick Penny 2. LOCATION OF PROJECT SITE: 8741 Bald Eagle Lane, adjacent to Futch Creek, Wilmington New Hanover County. Latitude: 340 18' 02.74" N, Longitude: 770 44' 36.24" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/13/2021 and 2/2/2022 Was Applicant Present — Yes, Agent 5. PROCESSING PROCEDURE: Application Received—1/26/2022 (initial) 1/28/2022 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned — None (F) Type of Structures: Existing — A 2-slip docking facility with a boatlift and floating dock. Planned — A boat lift. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED _ OTHER (A) Vegetated Coastal Wetlands B Non -Vegetated Wetlands (Open water nrnm225 rn (C) Other — High Ground (D) Total Area Disturbed: 225 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new boatlift adjacent to the existing floating dock for a total of 3 boat slips. 8741 Bald Eagle Lane, Eddie & Lynne Hardy Page Two PROJECT DESCRIPTION The project site is located at 8741 Bald Eagle Lane, on Futch Creek, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Market Street (NC Highway17), turn right onto Porters Neck Road and travel approximately 1 mile to the traffic circle, take the second exit to stay on Porters Neck Road and travel another 1.4 miles and then turn left onto Bald Eagle Lane, Travel approximately 0.8 miles and the property of interest will be located in the cul-de-sac. According to the application, the parcel located at 8741 Bald Eagle Lane has an elevation between 0'-15' above normal water level (NWL) and is approximately 0.37 acres. The parcel is bordered to the east and west by single-family homes, to the north is Futch Creek, with Bald Eagle Lane is to the south. The lot has an existing single-family home with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. The approximately 176' of shoreline frontage is stabilized by a bulkhead. Waterward of the bulkhead is a narrow strip of coastal wetland ranging between 15' and 47' wide consisting mostly of salt marsh cord grass (Spartina alternaflora). Waterward of the coastal wetland is approximately 30' -50' of oyster reef and mud flat that descend into the open waters of the Futch Creek. The existing 2-slip docking facility includes an access pier that is approximately 153' in length by 6' wide with a 16' by 16' L-head terminal platform. An access ramp from the terminal platform extends waterward onto an 8' by 16' floating dock positioned parallel to the shoreline. A small 8' by 4' float is attached to the landward side on the western end of the 8' by 40' floating dock, positioned perpendicular to the shoreline to access the adjacent 13' by 13' boatlift. No permit history for the original docking facility was found, however, based on Google Earth it appears to have been constructed between 1993 and 1998. The boatlift was added through General Permit 30944-D issued on 1/28/2002. Following Hurricane Florence authorization to replace the existing docking facility and boatlift was permitted through General Permit 70600-D issued on 10/19/2018. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the high ground portion of the project area as Residential. The waters of Futch Creek are classified SA-HQW by the Division of Water Resources and ARE 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 install a new boatlift adjacent to the existing floating dock for a total of 3 boat slips. According to the applicant, the proposed new boatlift would measure approximately 15' by 15' and would be positioned on the northeast side of the existing floating dock. According to the applicant the water depths under the proposed lift range from V-8" to V-6" normal low water (NLW). Based on the September 13, 2021 and February Z 2022 site visits the depths in the vicinity of the proposed boatlift range from -1.7' to -2.2' NLW. Shell hash and active oyster reef are located to the east and northeast of the proposed lift location (See sheet 1 of 2). The existing boatlift is in the 15' riparian setback, however no work is proposed for that area. The proposed new boatlift would not be within the 15' riparian setback and no changes to the pier headline are proposed. No submerged aquatic vegetation (SAV) was noted during the September 13, 2021 site visit and no SAV habitat is mapped in the vicinity of the proposed project area. 10. ANTICIPATED IMPACTS The proposed project would result in the incorporation of 225 ft2 of Estuarine Waters and Public Trust Area. No new encroachment into the 15' riparian setback is proposed, however there is existing structure in the 15' riparian setback, The current docking facility does not extend past the pier head -line and the proposed boatlift would not extend waterward of the existing docking facility. The water depths in the area of the proposed boatlift are marginal with areas of potentially active shellfish beds landward of the proposed boatlift, this may result in shellfish and shallow bottom 8741 Bald Eagle Lane, Eddie & Lynne Hardy Page Three impacts in a Primary Nursery Area during low water. No submerged aquatic vegetation (SAV) was noted nor is any habitat mapped in the vicinity. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: February 3, 2022 Office: Wilmington MAF,[NL Katherine Elks Permit Officer 127 Cardinal Dr. Ext Wilmington, NC NC 28405-3845 RE: Hardy Major Permit Application Narrative Dear Katherine Elks, Richard Penny Construction, LLC 133 Sound View Drive i4 Hampstead, NC 28443 (910) 352-1317 www,rpcmarine.com 09 December 2021 Mr. and Mrs. Eddie Hardy are requesting that a Major Permit be issued for the installation of a third boat slip at 8741 Bald Eagle Lane, Wilmington, NC 28411. This structure would be for the recreational use of the homeowner. The property has installed a finger pier (6'xl26'), platform (220 SF), floating dock (172 SF, Le-, one wet slip) and one boat lift (13'xl3', i.e., dry slip). There is a single-family residential dwelling on the property. The pilings would be set using a barge, water jet; and vibratory hammer to reach the rated capacity (approximately 10' deep). Construction materials would be stored on dry land of approximately 300 sgft. 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 contact me at your convenience should you have any questions. Respectfully yours, Richard L. Penny, NC General Contractor License No. 79403 RECEIVED JAN 2-5 20c? OCM WILANNGTON, NC W NFI NFLICATIONfor Tor Development Permit craw �sd 11121271Mt �J North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryAppikantI Landowrw fnfor mation Business Name Project Name (if applicable) N/A J424 Applicant t: First Name MI i Last Name EDDIE HARDY Applicant 2: First Name mi Last Name If addltlonal applicants, please attach an additfonal pages) wlth names listed_ Mailing Address PO Box City state 8741 BALD EAGLE LANE WILMINGTON NC ZIP Country Phone Na. FAX No. 28411 O8A 336-972-4041 - - Street Address (if different from above) y State ZIP 8741 BALD EAGLE LAME IL•MING3d rW NC 28411 Email EHARDY@HARDYBROS 2. Agent/Contractor Information Business Name Richard Penny Construction, LLC (Dba RPC Marine) Agent) Contractor 1: First Name MI Last Name i Richard L Penny Agent! Contractor 2: First Name Ml Last Name NIA Mailing Address PO Box Gty State 133 Sound View Drive N Harmpstead NC ZIP Phone No. 1 Pharae No. 2 28443 910- 352 -1317 ext. - ext. FAX No. Contractor # NC 79403 Street Address {if different from above) ---] City $ta#e ZIP N/A - Email rickarpcmarine.com <Forrn continues on backs JAN 2 5.202Z -1-Sea-4RCOAST Rr ss-�c�en�s �:5 era ever _a4 �l li NIC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Locafian County (can be multiple) Street Address State Rd. # New Hanover 8741 Bald Eagle Lane Subdivision Name City i State Zip Bald Eagle HOA Wilmington NC 28411 Phone No. Lot No.(s) (rf many, atfach additional page with list) N/A_- - ext. 13 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White River Futch Creek a Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ❑Manmade ❑Unknown Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed 19Yes ❑No work tails within. New Hanover County Zoning 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 176' 16,117 c. Size of individual lot(s) d. Approximate elevation of tract above NFIW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional pago with a list) — 5 ❑ NHIN or UNWL e. Vegetation on tract Grass, Native trees, shrubs, and marsh grass/wetlands on the adjoining Futch Creek frontage. f. Man-made features and uses now an tract Single family dwelling. g. Identify and describe the existing land uses acRa r to the proposed project site. Adjacent properties are zoned for single family usage. i h. How does local government zone the tract? i. Is the proposed project tonsis-tent with the applicable zoning? R (Attach zoning compliance certificate, if applicable) ®Yes ❑ND ❑NA i. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No lc. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA It yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a [--]Yes ®No ❑NA National Register listed or eligible property? Form continues on next page> JAN 2 5 2022 - DCM WILMINGTON, Nc Forth DCM MP-1 (Page 9 of 4) APPLICATION for Major Development Permit i m. (i) Are there wetlands on the site? ®Yes ©No ri<i) Are there coastal wetlands on the site? 91Yes [:]No (ii) If yes to either (i ) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach docuireMeiion, if available) n. Describe existing wastewater treatmentfaciiitiss. NA o. Describe existing driNdng water supply source. Cape Fear Public Utility p. Describe existing storm water management or treatment systems. N/A S. Activities and impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The property owner desires to install an additional boat lift. 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. Pilings will be pump -washed and driven with a vibratory hammer, both of which will be on a small work barge. d. List all development adivities you propose. One additional dry slip will be added. There is one existing wet slip and one existing dry slip on the property. I e. Are the proposed activities maintenance of an existing project, new work, or both? - New t. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres Temporary disturbance of approx. 300 sgft over dry land. g. Will the proposed project encroach on any pubic easement, public accessway or other area ❑Yes ®No DNA that the public has established use of? h. Describe locaaUon and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or storrnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [:]No ®NA j. Is there any mitigation proposed? []Yes ®No DNA If yes, attach a mitigation proposal_ �r <Form continues on back> JAN 2 5.2022 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit ti. Additional Information in adoion to this completed application form (MP-1) fire following items below, if applicable, must be submitted in order fur the application package to be complete. #ems (a) - (, are always applicable to any mafor development application. Please consult the application insinrcgon booklet an how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and crass 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 certifiod mail. Such landowners must be advised that they have 30 days fin which to submit comments on the proposed project to the Division of Coastal Management. Name Kevin Thomas Phone No_ Address 8737 Bald wag- e Lame, Wilmington, NC 28411 unknown Name bald Tagle Lane LLC Phone No. Address 8748 Bald. Eagle Lane, Wilmingtcn, NC 284li unknown Name - _ Phone No. Address g. A list of previous state or federal permits issuer) for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard route 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. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date 08 Nov 2021 Print Name Richard L. PennV rI--- Digitally signed by �,r Richard L. Signature ` ��, �-� - Richard L. Penny Penny Date_ 2021.1 15:1351-05'0000' Please indicate application attachments pertaining to your proposed project. EIDGM MP-2 Excavation and Fill Information (]DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP4 Structures Information ,BAN 2 5.2022 , WVFV_..1s.eQas.az aria s� sue` Form DGM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DGM MP-1. Be scare to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information_ 9. DOCKING FACILITYIMARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Publid0cvernment ®Private/Community c. (i) Docks) and/or pier(s) (ii) Number na (iii) Length (Iv) Widthh (v) Flcaiing ElYes ❑No e. (1) Are Platforms included? ❑Yes ®No If yes: (A) Number (iii) Length (iv) Width (v) Floating ❑Yes ©No Note: Roofed areas are calculated�Yom drfpAn& dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing 2 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water no dredging required []Other; please describe: k- Typical boat length: 2 g r m_ (i) Will the facility have tie pilings? EYes ®No (ii) If yes number of tie pilings? ❑"/-his section riot applicable b. (i) Will the facility be open to the general public? 1--]Yes ®Nc d. (i) Are Finger Piers included? ❑Yes QNa If yes: (11) Number (iii) Length (iv) Width (v) Floating ©Yes [--]No f. (!)Am Boatlifts included? ®Yes ❑No If yes: (ii) Number (iii) Length 7 ` (iv) Width ' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service [] Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: [-]Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: © Other, please describe: NA j. Describe the typical boats to be served (e_g., open runabout, charter boats, sail boats, mixed types). �n runabout L (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED JAN 2 5 2022 6' a?:� sti?�:??�'`i -_7 �$ '�.-'.�: rsf Yy -a Form DQV-, f -4 fstru.t res, Psf 2 of 4< 12. DOCKING FACILITYAWARINA OPERATIONS [2This section not applicab1s a. Check each of the following sanitary facilities that will be included in the proposed project. 0 Office Toilets ❑ Toilets for patrons; Number. Location: © Showers ❑ Boathoiding tank pumpout< Give We and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and -No Wake" signs proposed. i_ Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy an overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. if this project is an expansion of an existing marina, what types of services are currently provided? JAN 2 5 7 E)Cd41i1 WILMIINGTON, NC reviserevise4l. 1X27me F 07C MF-4 (Slru�ijres- Page 3 or 1 m. Is the marinaldocking facility proposed within a primary or secondary nursery area? []Yes ❑No n. Is the marinafdocking facility pnopos# within or adjacent to any shellfish harvesting area? QYes []No o. Is the marhWiclocking facility proposed within or adjacent to coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SO), or other wetlands (WQ? If any boxes are checked, piovlde the number of square feet affected. QGW ❑5AV ❑SB ❑WL []None p. Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? []Yes DNo If yes. give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOA THOUSE (irtClttow covered ms) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ©PrivatelCommunity (ii) Number (iii) Length (iv) Width Note. Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc- If a rock groin, use MP-Z Excavation and Fill.) [M This section not applicable a. (1) Number (ii) Length cm) Width 5. BREAKWATER (e.g., wood, zhaeW&, etc.) ®This section notappliaable a. Length b. Average distance from NHW, NWL, or wetlands c. !Maximum distance beyond NHW, NWL or wetlands 15. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ©Commercial ❑PubliclGovernment ❑PrivatefCommunity 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.) R Q> ivr-W JAN 2 5 2022 oCM WILMINGTON, NC 24;jDt 2 & z. 1-05 €OAZY =s ccrsas a€ c � sir ;ax.�r_t ravrsod: I V2710C Pow t MPS t#�:�d���, Par)€ 4 or' 4) 7, GENERAL a. Proximity of structures) to adjacent riparian property lines b. Proximity of struoture(s) to adjacent docking facilities. 0' TO SOUTH / 101' TO NORTH 82' TO SOUTH / 520' TO NORTH !dote: For buoy or mooring piling, use src of swing including fength orvassal. c. Width of water body 510' e. (i) Will navigational aids be required as a result of the project? ❑Yes IBNo ❑NA 01) If yes, explain what type and how they %mll be implemented. d_ Water depth at waterward end of structure at NLW or NWL 1'8" NLW $. OTHER Whis secuon not applicable a. Give complete description_ Date 08 November 2021 J424 Proed Name Owner Eddie Hardy/Contractor Richard Penny Applicant Name Richard Digitally signed by. Richard L. Fenny —Date: 2021.12M Applicant5ignatu ny, :00-05*00, �r JAN 2 5 2022 WILMINGTON, NC -1-$8B-41RC }AST ravis-za; 02iZ OC3 ROY COOPER Governor ELiZABETH S. B1SER Secretary BRAXTON DAVIS Director Rick Penny 133 Sound View Dr. Hampstead, NC 28443 Dear Mr. Penny: NORTH CAROLINA Environmental Quality February 3, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Eddie Hardy, for State approval for development of the subject property located at 8741 Bald Eagle lane, adjacent to Futch Creek, in New Hanover County. It was received as complete on January 28, 2022 and appear to be adequate for processing at this time. The projected deadline for making a decision is April 13, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 28, 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, c A Katharine Elks Field Representative cc: Cameron Luck, DCM John Perry, DWR USACE Eddie Hardy, Applicant Christine Bouffard, LPO D �� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 1 Wilmington. Narth Carolina 28405 i a � 910.796.7215 O = Lu 0 :t �a 0 n Q u co m � o� o W� X (3 C, a- z IL _ �Q v=�W fr •� 0o . ° �_ _ low O L ® EL CL 0 � Z 0 LLI V .� o E- DOM — a_ w H � = 4! N d N U L lE � r 4) m = W C �C1 a m u .� CL We a ROY COOPER Governor NORTH CAROLINA En ronmeortcrl0rru[ut' February 4, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • David & Terri Butts -- Brunswick County • Eddie & Lynne Hardy— New Hanover County ELIZABTH BISER Secretary BRAXTON DAVIS Director. Division of Coastal Management Hello: Please publish the attached Notice in the Wednesday, February 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 Pieala at the NC Division of Coastal Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter Wilmington office. cc: MHC Files Cameron Luck — MHC USAGE If you should have any questions, please contact me at our & Customer Assistance State of North Carolina j Environmental Quality f Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On January 28, 2022, David & Terri Butts proposed to replace 62 linear feet of bulkhead resulting in the filling of 124 sgft. of Coastal Wetlands at 3197 Waterview Dr. SW, adj. to the AIWW in Supply, Brunswick County, and on February 3, 2022, Eddie & Lynne Hardy proposed to install a new boadift for a total of three (3) boat slips at 8741 Bald Eagle Ln., adj. to Futch Creek, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Brendan Brock (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 (Brendan Brock) or (910) 796-7424 (Katharine Elks) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 2, 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 and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Eddie Hard Mailing Address: 8741 Bald Eagle L.n Wilmin ton INC, 28411 Phone Number: 336-972-4041 Email Address: ehard hard bros,corn I certify that I have authorized Richard Penn RPC Marine LLC Agent! Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Add 3rd boat sli /boat lift at my property located at: 8741 Bald Eagle Lane Wilrnin ton NC 28411 in New Hanover County. 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: Signature _Eddie R. Hardy Print or Type Name Owner Title _07_I_20 i 2021 Date This certification is valid through 12/31/2022 DECEIVED JAN 2 6 2K? DCM WILMINGTON, NC * Complete items 1, 2, and 3. * Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. . Arttlncle Addressed to; Illllll� 11111[lll�111111111111111 I1111I 11I�, 9590 9402 5799 9434 4370 32 A. Signature x mot_ _ice .went 8- Fceiv by (Printe? Name) C. Date of Delivery 0. is delivery address difPerentf rn item 1? ❑ Yes If YES, enter delivery address below: �No 3. Semite Type 17 priority Mad Expreml� ❑ Adult Signature ❑ Regisierau Mehl--- 0 Adult Signature Restrcted Dafrvery Q Registered Will Reefle'led 0 Cetifed Mai[6 6 , ery ❑ CertfW Mail Rsstricted Delivery :J Return Receipt for t7 Collect on Del very Merehandis: r� �1 rr�� Il_ r1tL_� f1 Ccl[ecton Delivery Restricted Delivery ❑ slgnawmConnrmaflon' 7 0090 Q 0 0 1 8 3 E S 8428 rated Mail Resrt cted Delivery ❑ Res rrIcte DeNer Confirmation Restricted Qsrwery rer�sc� PS Farm 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ® Complete items 1, 2, and 3. W Print your name and address on the raversa so that we can return ttie card to you. id Attach this card to the back of the rnaliplece, or on the front If space permits- 1, article Addre sd to: -t 3,7 Gt1 ,-, Lw",, L.t� ► � lwt � V1. �� � A1� � �� � 1 11111111111111111111111111111111111111111111 9590 9402 5799 0034 4368 75 2, ArlltAe Nurnber firaWor from service label} - - 7020 009€3 0001 832D 8435 ps Form 3811, July 2015 PSK 71530-02-000-9053 A Sg" (0Agent B. heoeived by {Printed Name) C. Date of Delivery D. Is delivery address different from item i? ©Ye: ff YES, enter defvery address below: 0 No S. Service Type ❑ PricrW Mall Express49 ❑ AdultSfgn3ture Q Registwed MaWm Q Adult Signature Restricted Delivery 0 Herstarad Mail Resitirwted IZ Carftfred MaJO Dekvery ❑ Certified Mall Restricted Delivery 0 Return Recelptfor C1 Collect on Delivery Merehandisa U Collect an Delivery Rf$p red DeVvary G SignaWm Ccrfinnak"7 ❑ insured Masl U Signatura Confirmation...—. - - " M t A— fef d D.r,—,y ReslrictiW Delivary $500] Domestic Return Rec=ipt RECEIVED JAN 2-5 2022 DCM WILMINGTON, NC N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Eddie Hard Address of Property: 8741 Bald Eagle Lane. Wilminaton, NC 28411 Mailing Address of Owner: 8741 Bald Eagle Lane, Wilmington NC 28411 Owner's email: ehardy(a.hard bbros_com Owner's Phoned: 336-972-4041 Agent's Name: Richard L Penny_ Agent Phone#: 910-352-1317 Agent's Email: RickCd_)rpcmarine.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent PropertV Owner) hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions. must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EX7', Wilmington, NC 28405. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) i I DO wish to waive someiall of the 15' setback r - ignature of Adjacent Riparian Property Owner -O R- 1 do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: %��r�ar°✓ G. - lfar�,� Mailing Address /iof ARPO:' ARPO's email: ,e 0a> ARPO's Ph4nr#: Date: ��c�f00.�_, *waiver is valid for up to one year from ARPO's Signature* JAN 2 5 2922 DCM WILMINGTON, NC Book 6208 page 1127 BK: R8 6208 PG: 1127 -1129 NO � szs.3n 2019>)10678 RE��EC NEW HANOVER COUNTY, 0411012019 REALESiATE TAMMY THELISCH SEASLEY 12:28:29 PM =x 1 X MM.efi REGISTER OF bEE�S BY. ANGELA ENGLISH DEPV-r 7FCTRONICALLY RECORGEO GENERAL WARRANTY DEED REVENUE: $3,900.00 PARCEL ID: R03017-002-007.000 PREPARED BY AND RETURN TO. Hutchens Law Firm File No.: WI1-1270664 1121-P Military Cutoff Road, Wilmington, INC 28405 This instrument prepared by: Chris Fluff, licensed north Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Legal Description. EASTERN PORTION OF LOT 13 PORTERS NECK PLANTATION SECTION A NORTH CAROLINA COUNTY OF NEW HANflVER THIS DEED made this jfr—� day of � � , 2019, by and between Andrew Johnson and wife, Heldf Johnson, whose address is 8741 Bald Eagle Lane, Wilmington, NC 28411, hereinafter called Grantor, and Eddie R. Hardy and wife, Lynne S. Hardy, Trustee of the Lynne S. Hardy Revocable Trust of 2000 and any amendments thereto, whose address is 8741 Bald Eagle Lane, Wilmington, NC 28411, hereinafter called Grantee; The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context, WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near the City of Wilmington, New Hanover County, North Carolina and more particularly described as follows. submitted electronically by "Hutchens Law Firm" in compliance with North Carolina statutes governing recordable documents, �6611 and the terms of the submitter agreement with the New Hanover county RegisWe,,24 DOM WILMINGTON, NC Hook 6208 Page 1128 "See Attached Exhibit A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 5886, Page 24, New Hanover County Registry, North Carolina, TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor % ill warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Tftle to the property hereinabove described is subject to the following exceptions: Restrictive covenants, easements and tights of way as may appear of record in the aforesaid registry as Weil as current year ad valorem taxes. 1N WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seat to be hereunto affixed by authority of its Board of Directors_ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposiq stated therein and in the capacity indicated: Andrew Johnson and wife, Heidi Johnson This the � day of 2D9S. ,A%til� 01}t1rr. .. r yt. —IV rl "t f `` 4 0% Nor f A/hy t%3 . ' 7 URLfC My Commission Expires: •'',,`r+�;rft�t� lisp•' tad*�ti (place notary seal here - pursuant to NGGS108-37 Notarial Seal is to appear "near" the notary's RECEIVED JAN 2 6 2022 DCM WILMINGTON, NC Book 62Ds Page 3129 EXHIBIT A In Now Hanover County Describing a property which is the eastern portion of Lot 13, Section A of Porters Neck Plantation Subdivision. Beginning at a point In the center of and at the northerly end of Bald Eagle Lane, said point being the southwestern corner of Lot 12, Section A, Porters Neck Plantation, as the same is shown on map recorded in Map Hook 5, Page 63, in the New Hanover County Registry, running thence from said beginning point North 56 degrees 21 minutes 00 seconds West 30 04 t4 an iron papa in the present western line of Bald Eagle Lane, thence South 30 degrees 46 minutes 00 seconds West along said present western line 26 feet to a P K nail; said P. K nail is also located North 30 degrees 46 minutes 00 seconds East 72 13 feet from where the southern line of Lot 13 in said Subdivision intersects the present western right of way line of Bald Eagle Lane, thence from said P K nail North 20 degrees 48 minutes 59 seconds West 99.87 feet to an iron pipe, thence North 14 degrees 28 minutes 31 seconds West 70.40 feet, more or less, to the highwater line of Foy`s or Futch Creek, thence eastwardly along said highwater line and a bulkhead located along the northern edge of the property to a point that is located North 30 degrees 46 minutes 00 seconds East from the point of beginning, said point being the northwestern corner of the above mentioned Lot 12, thence South 30 degrees 46 minutes 00 seconds Vilest, along the western line of said Lot 12, 43.7 feet, more or less, to a monument in said line, thence the same course continued 110.8 feet to the point of Beginning, the same being the eastern portion of Lot 13 in Section A of Porter's Neck Plantation Subdivision, and being the same lands described in deed to Robert E Sattin recorded in Book 1888, Page 817 in the above stated Registry, as modified by Boundary Line Agreement recorded in Book 214.5, Page 381 in said Registry, and being the same lairds as descrlbed in instrument recorded in Book 4958, Page 68 in said Registry JAN 25, 'ML2 CCH, WILMINGTON, NC 0 ... 3.... �bN191b. [2/00/ll i F9 uo�lduosa. uoisvaa ale.o� W IL llb8d 3N 'NNI3NIW7IM >; 3Nbd 339d3 Q7dff TbLs coe )Ia?]VH 3NN,13 QNd 31QQ3 a w� ",ppv lowoAd J g z oa S v soh JN[Mb?JQ lIW?J3d 2JLIFVN 1 2 E uoilduosa(j laayg jE V i y 0 z Q 0 z Q LLJ a_ Z X W 9 I� 711 W z°CU ad oyr z n w� m� rEa �Ln acL1 �zi0`a'omm C� a`g", C KLL W NCL KOr�4 c�U 3, W o z, X 0 n a_ Q U z ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director February 4, 2022 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(caNCDENR.gov SUBJECT: CAMA Applicant: Eddie & Lynne Hardy Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating dock for a total of three (3) boat 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 2, 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 E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule r' —A65+ /' da Project Name: County: K(kJ �1.jI c)Vdveheck No & Amount. DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) L Private, non-commercial development that does not involve the filling or 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(13)- Public or commercial development; if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCN 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 40 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: