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HomeMy WebLinkAbout20210434 Ver 2_CAMA Application_20220513DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hammocks Watch Homeowners Association, Inc. c/o Travis Crow 2. LOCATION OF PROJECT SITE: Site is located along the community easement adjacent to 176 Hammock Watch Way at Pender Co PIN 3281-96-6340-0000, Hampstead, NC State Plane Coordinates - Lat: 34°20'09.41"N Long: 77°42'26.67"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete by DCM: 5/10/22, DWR pre -file date was 2/24/21. S. SITE DESCRIPTION: (A) Local Land Use Plan- Pender County Land Classification From LUP - Res., Resource Protection and Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single family residences and 5-slip community docking facility Planned- Dock expansion. Four (4) new slips proposed. (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (§404) (B) Non -Vegetated Wetlands (Open Water) *Subject area noted as 2,896 sq. ft. Submerged Aqautic Vegetation (SAV) (incorporated) habitat (C) Other - Highground disturbance (D) Total Area Disturbed: 2,896 sq. ft. (0.06 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes (adjacent A1WW) 7. PROJECT SUMMARY: The applicant proposes to expand an existing 5-slip docking facility, creating a total of nine (9) boat slips. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 rarrrH carzouwn �" 910-796.7215 Hammocks Watch Homeowners Association, Inc, Page 2 8. PROJECT DESCRIPTION The project site is located near the end of Washington Acres Road, adjacent to the AIWW, near Long Point Estates, north of Hampstead, Pender County. To access the site from Wilmington, take US Hwy 17 N. Travel approximately 11 miles to Washington Acres Road. Turn right onto Washington Acres Road and travel approximately 1.7 miles to Long Pointe Lane. Make a right on Long Pointe Lane and continue to its end. The site is located ahead and on the left. An easement for the Hammock Watch development leads from the end of the road southeast to the AIWW. Hammock Watch consists of a 10.3-acre tract, subdivided into 14 lots, averaging approximately 1/2 acre in area, and a highground island measuring approximately 1/2 acre. A residential development, with associated roads and utilities, was authorized under State Permit #143-04 issued to Hammocks Watch Subdivision c/o Jerry Reeves on 10/11/04. That permit was subsequently modified on December 4, 2007 to include the addition of a 5- slip community docking facility. All work was completed prior to expiration of the permit (December 31, 2010). The background information on the property, as described in the September 5, 2007 Field Investigation Report (FIR), (prepared by Heather Coats) is stated below. Hammock Watch consists of a 10.3-acre tract, subdivided into 14 lots, averaging approximately 1/2 acre in area, and a high ground island measuring approximately 1h acre. A residential development, with associated roads and utilities, was authorized under State Permit #143-04 issued to Hammocks Watch Subdivision c/o Jerry Reeves on 10/11/04. The permit expires December 31, 2007. At this time, the tract has been cleared and road grading has been initiated. CAMA General Permit #35161D was issued him on 1/20/04 for the construction of a 630' pier, located primarily over mixed high and low marsh. The permit also authorized a bridge/elevated wooden walkway, measuring 70' in length and 6' in width, spanning marsh between two upland areas and a 20' in length by 8' in width floating dock. It was renewed on 4/21/04 (Permit #37966D), and was renewed again on 11/22/04 under permit #39725D. CAMA General Permit #42394D was issued on 9/6/05 for a second bridge/elevated walkway, located landward of the first, also measuring 70' in length and 6' in width. These structures were all constructed with the exception of the floating dock. The combined shoreline for the four waterfront lots measures approximately 488 feet in length. The high ground transitions to high marsh, which includes the following vegetation: Bulrush (Scirpus sp.), Black Needlerush Uuncus roemerianus), Salt Meadow Hay (Spartina patens) and Spikegrass (Distichlis spicata). The two hummocks are vegetated primarily with mixed Section 404 and coastal wetland species, including Sea Oxeye (Borrichia frutescens), Groundsel bush (Baccharus halimifolia), Salt Meadow Hay (Spartina patens), Marsh Elder (Iva frutescens) and Wax Myrtle (Myrica cerifera). At the beginning of the pier, the elevation decreases once again and vegetation transitions to low marsh, or Salt Marsh uq� N gym. 1 uwill North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Hammocks Watch Homeowners Association, Inc. Page 3 Cordgrass (Spartina alternlflora). The pier crosses another section of highmarsh at approximately 350' from its origin, which spans a distance of approximately 200'. Vegetation in this area consists of Sea Oxeye (Borrichia frutescens), Spikegrass (Distichlis spicata), Glasswort (Salicornia spp.), and Sea Lavender (L,imonium carolinianum). This transitions to a narrow margin of Spartina alterniflora, approximately 10' in length, at the waterward edge of marsh. The waters of the AIWW adjacent to the project site are classified as SA-ORW by the North Carolina Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation, however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. It should be noted there are scattered beds of Submerged Aquatic Vegetation (SAV) throughout the vicinity of the project and the area surrounding the existing docking facility has been identified as SAV "habitat". Under CAMA Major permit 143-04, deed restrictions were placed on Lots 1-4 preventing future development on this lots, as the shoreline was dedicated/allocated toward the community docking facility. aI . PROPOSED PROJECT According to the project narrative and application package, the applicant is proposing to expand an existing S-slip docking facility, creating a total of nine (9) slips. To avoid a shellfish closure in the vicinity of the proposed docking facility, the applicant has proposed to re -locate the terminal end of the existing five slip facility. As designed, the existing pier and gazebo would remain in place, and the finger piers and boatlifts associated with the existing five slip facility would be removed, and a new nine slip facility constructed. A new S' x 42' finger pier (labeled as "Component C" on the work plan drawings) would extend north from the existing gazebo, and connect the new nine slip facility to the existing pier and gazebo. This shorter finger pier would then connect to a longer finger pier (4' x 84' and identified on the work plan drawings as "Component D"), which would also extend to the north, running parallel to the shoreline. At the terminus of this finger pier, another 4' x 44' finger pier would be constructed ("Component E" on the site plan drawings). This finger pier would run perpendicular to the shoreline and would provide access to slips labeled "7, 8 and 9" on the work plan drawings. Along the later ends of slops 8 and 9, the applicant proposes to install two - 3' x 30' finger piers. These two finger piers would provide access to slips 7, 8 and 9. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 Hammocks Watch Homeowners Association, Inc. Page 4 Three additional 3' x 30' finger piers would be installed perpendicular to the 4' x 84' finger pier and would provide access to slips 1-6. In each slip, the applicant proposes to install boatlifts ranging in size from 12' x 14' to 12' x 16'. As designed, these lifts would support boats ranging from 21' to 35' in length. The design of the proposed docking facility can be seen on page 3 of 3 on the Stroud Engineering, P.A. site plan. According to the survey/site plan, water depths around the proposed facility measure approximately -1.9 to -2.8' in depth, relative to normal low water (depths taken from Stroud Eng. P.A. survey). In addition, the proposed boatlifts would be located in waters that range in depth from -1.9' to -2.5', relative to normal low water. Although it was not noted in the 2007 FIR, the area surrounding the proposed docking facility has been identified as SAV "habitat" and based on historical satellite imagery, there appears to be beds of SAV in the vicinity of the proposed project. However, according to the "Project Narrative Page 15 of 19", a member of the HOA performed an SAV evaluation of the proposed project on 3/27/21 and reported there was "no evidence of rhizomes within the evaluation area". Please be advised DCM staff has not validated these statements. It is recommended a site visit be conducted by resource agency staff in the upcoming weeks (beginning of growing season) to determine if SAV is present in the location of the proposed slips. 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 2,896 sq. ft. of Estuarine Waters and Pubic Trust Area. The finger piers and boatlifts would remain consistent with similar pier length requirements (established pier -head line) and would be located outside of the adjacent channel, and riparian corridor setback(s). Minor increases in turbidity should be expected during construction. Water depths in the vicinity of the proposed project range from -1.9' to -2.8' @ normal low water. Submitted by: Jason Dail Date; May 12, 2022 Office: Wilmington D_EQ> Oaiu.armi q t,nr�,eawi wui� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 bLG, Southern Lnvironmental Group, Inc. 53 15jouth College Road, Suite I— Wilmington, SIC 28+1 2 Hammock Watch HOA Boating Facility CAMA Major Project Narrative Prepared for: Hammock Watch HOA, Inc. 13 April 2021 IIV} MAY I I:)C:M WILMINGTON, NC Hammock Watch HOA LAMA Major Permit PN C: I1/' C i 1) Project Information: MAY 1. 1 2022 a) Applicant: Hammock Watch HOA, Inc. b) Pender Co. Parcel ID #: 3291-05-1744-0000 (see Attachment 1) 17CM WILMINGTON, NC The project site is accessed via a 30' easement, through Lot I IR-2. The easement and property deed were recorded at the Pender County Register of Deeds at Map Book 55 Page 53 and Book (see Attachments I and 2). c) Project Size: +/- 5.8 AC (see Attachment 1) d) Length of Shoreline: More than 500 linear feet (see Attachment 1) e) Waterbody: Topsail Sound & Middle Sound ORW Area / Intracoastal Waterway (Attachment 3) f) DWR Water Classification: SA;ORW (see Attachment 3) g) Primary Nursery (PNA): This area is neither classified as PNA nor Secondary PNA (see Attachment 4) h) Submerged Aquatic Vegetation (SAV): SAVs have been mapped in the project area (see attachment 5) i) Shellf;shing: The area is open to shellfishing (see Attachment 7) 2) Proposed Project: The Applicant is seeking approval to replace three sections of fixed dock (i.e., Al, A2 and A3-Sec 1), repair one section of fixed dock (i.e, A3-Sec 2) and existing 17' x 17' fixed, gazebo (Component B), expand the existing, 5 slip, fixed, docking facility to provide 10 slips, by constructing a 10' x 5', which serve to connect Component B to the component E and 85 x 5' fixed platforms, with three (3) 34' x 4' finger piers, and installing 5 boat lifts. Please see Attachment for details. 3) Existing Conditions: Currently, the project contains the remnants of three sections of 6' wide dock(i.e., Al-A3), which provides access to a 17' x 17', measured from the drip line, covered gazebo and 5 slip docking facility, with boat lifts. Part of the structure (i.e., Al, A2 and A3-Secl) was severely damaged, during Hurricane Florence, which took place in 2018. The first section of dock (i.e., A1) is approximately 102 linear feet and extends from the upland access point, across a Section 404 wetland area, to another area of uplands. The second section of dock (i.e., A2) is approximately 75 linear feet and extends from the upland area, across an area of coastal wetlands, mostly comprised of Black Needlerush (Juncus roemerianus), to an upland island, where a footpath extends across to the third section of dock (i.e., A3), which has been broken down into two sections (i.e., A3-Seel and A3-Sec2). A3-Sec1 is approximately 560 linear feet and spans an expansive area of coastal wetlands, consisting of Smooth Cordgrass (Spartina alternaflora) and Black Needlerush, and an upland sand bar, where vegetation consists mostly of Salt Meadow Cordgrass (Spartina patens) and Salt (or Spike) Grass (Distichlis spicata), before connecting to A3-Sec2, which is approximately 169 linear feet. At the terminus of A3-Sec2 is a 17' x 17' covered gazebo (Component B). A 52' x 5' fixed platform, with three (3), 24' x 4' finger piers off its east side, extends north off Component B. The existing structure provides 5 boat slips, which contain lifts of random lengths, but all 12' wide. Approximately 544 square feet of platfonn area is currently in place. Hanover Design, PLLC performed a mean low water (MLW) depth survey, on 16 December 2021, using NAVD 1988 MLW Datum, where 0.00' MLW equals 2.60' NAVD 1988. MLW depths, in the area of the existing docking facility and the area where the proposed slips are to be situated, range from -1.4' to -2.6' (see Attachment 7). Substrate, in the area of the proposed work, is comprised of a layer of compacted muck, overlain by a relatively thin sand layer, with little or no shell matter. While SAVs have been mapped in the area, a review of aerial photos revealed SAVs do not typically grow in the location of the existing or proposed boat slips (see Appendix 8). Additionally, Mr. John Raynor, member of the Hammock Watch HOA, performed an evaluation of the area, on Saturday 3/27/2021, at approximately 1:30 PM (low tide). At the time of the evaluation, the water temperature was in the mid to upper 50's, air temp was —75 degrees, and it was partly sunny. Mr. Raynor used a standard garden rake, to pull along and below the substrate (i.e., 2" — 3"), at approximately 10' intervals, within the proposed docking area. Mr. Page 1 of 13 (Rev. 3/11 /21) Page 10 of 45 VZL-,,, 4-I v r ..v MAY 1 1 2022 Hammock Watch HOA CAMA Major Permit PN i DCM WILMINGTON, NC Raynor stated he found no evidence of rhizomes, within the evaluation area. A map with Mr. Raynor's coordinates has been included (see Attachment 9). The project site is directly across the Intracoastal Waterway from Green Channel therefore, development is restricted by the US Army Corps of Engineers' Navigational Channel Setback line. The Sewre, LLC 5 slip, docking facility is situated approximately 45' south, and the Long Point Estates, 9 slip, docking facility is located approximately 210' north, of the existing Hammock Watch docking facility (see Photos I and 2 below). Photo 2 Distance between Sewre and Subject Docks Photo 1 Distance between Long Point and Subject Dock The site plan shows the Hammock Watch dock has two pilings located within the southern riparian corridor. This could be due to a slight shift in the riparian corridor, as a result of more accurate mapping. The northern riparian corridor is approximately 170 linear feet away from the proposed northern most pilings (see Attachment 7). 4) Proposed Development: The proposed work consists of relating approximately 737 linear feet of fixed dock (Components Al, A2 and A3- Sect. 1), repairing 169 linear feet of fixed dock (Component A3-Sect. 2), as well as the fixed 17' x 17' gazebo (Component 13) and repairing and reducing, by I 1 Iinear feet, Component C. New work will consist of connecting a an 84' x 5', fixed platform (i.e., Component D), with three 30' x 3' finger piers, and a 43.5' x 4', fixed platform (Component E), with two 30' x 3' finger piers. Component C will provide access to Component D via the southernmost proposed finger pier. Each slip will also have pilings installed for lifts. Which will range from 10' x 10', on center, to 14' to 16', on center. The new structure will add 465 square feet of platform area, for a total of 1009 square feet. The table, below, summarizes the existing and proposed structures, as well as the proposed work: Component Description Length (Ft) Width (Ft) SF Existing/Proposed Proposed Work Al Fixed Pier 102, 6' Existing Replace A2 Fixed Pier 85' 6' -- Existing Replace A3-Seel Fixed Pier 560' 6` Existing Replace A3-Sec2 Fixed Pier 169' 6' -- Existing Repair B *Covered Gazebo 17' 17' 289 Existing Repair C *Fixed Platform 51' f 42' 5 255 / 210 Existing 1 Proposed Repair D *Fixed Platform 84' 4' 336 Proposed New Work E *Fixed Platform 43.5' 4' 174 Proposed New Work 3 Fixed Finger Piers 24' 4' Existing To be Removed 5 Fixed Finger Piers 30' 3' Proposed New Work 5 Boat Lifts 12' 12' Existing NA 5 Boat Lifts 14'-I8' 12' Proposed New Work *Indicates Plat form Area I Total Area I 544 11009 I Pilings will be installed along the back of Component D and finger pier, to the west of slip 9. Two existing tie pilings will remain, south of the finger pier for slip 1, which should prevent those area from being used for docking (see Attachment 7). All structures, crossing either coastal or Section 404 wetlands, will be fixed, slatted, elevated at least Page 1 of 13 (Rev. 3/11/21) Page 11 of45 Hammock Watch HOA CAMA Major Permit PN '9F Li 36" above the substrate, measured from the bottom of the stringer, and no wider than 6' (please see Attachment 7, for profiles of the proposed structure). Equipment, such as a barge and pump will be used to install the pilings. Typical building materials will be used to repair, replace, and construct the structures. The barge will be moored, when not in use, in an area where it will not rest on the bottom. 5) Threatened and Endangered Species: To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix 10). 6) SAV Habitat: As noted previously, SAVs have not typically been found and there is no evidence to support that the flora has ever colonized in this area. However, it is the Applicant's intention to protect the resource, should it emerge, by limiting the width of Component E, to 5'and orienting the proposed structure to face as close to due west as possible, which will allow for maximum sunlight exposure. Additionally, to prevent docking on the west side of Component E, where water depths are more shallow, additional pilings will be used. 7) Shellfish The area is open to shellfishing (see Attachment 6). However, there is no evidence of shellfish, within the project area. Due to the close proximity of the Sewre Dock (i.e., —47'), SEGi reached out to Mr. Justin Humphrey, with the NC Division of Marine Fisheries, Shellfish and Sanitation Unit, to ensure that the proposed work would not provoke a closure, According to Mr. Humphrey, the proposed 9 slip docking facility is more than 100 linear feet away from the nearest 10 slip docking facility to the north, and therefore, the proposed plan is not anticipated to trigger a shellfish closure (see Attachment 11). 8) Adjacent Riparian Property Owner Notifications: In accordance with 15A NCAC 07J .0204(b)(5), the adjacent property owners (APO), as identified in the permit application, have been notified via certified return mail. The notification included the application and site plan, for the proposed development, as this project requires a CAMA Major Development Permit Application. According to the Pender County G1S, the following are the adjacent riparian property owners: Map Number Parcel IA owner Mailing Address Certified Mail Number 1 3291-06-2120-0000 1 Norman, Robert Alan 51 Long Point Lane, Hampstead, NC 28443 1 7020 0640 0000 2723 5299 2 3281-95-6894-0000 Sewre, LLC 135 Dogwood Lane, Hampstead, NC 28443 7019 0160 0000 2873 7894 2 1 I Proiect REcEi V ED MAY 11 ZGZZ 4},;M \Nll..MING 0N, NC The APO have been notified. However, the Sewre, LLC notification was returned undeliverable. Please see Attachment 12, for copies Norman's certified mail green card and the Sewre's returned package. 9) Purpose and Need: Page 1 of 13 (Rev. 3/11/21) Page 12 of 45 Hammock Watch HOA CAMA Maior Permit PN The purpose of this project is repair and/or replace the existing dock and 5-slip docking facility, to make it usable by the Hammock Watch HOA members, as well as create 4 additional slips, to meet the demand of Hammock Watch HOA members, who currently do not have a slip. 10) DWR Pre -Filing Request Requirement: SEGi submitted a Pre -Filing Request Form to the DWR on 2/24/21 (see Attachment 13). Additionally, SEGi spoke with Ms. Holley Snider, with the Wilmington Region Office DWR, who provided feedback on the proposed plan and requested additional information be included with the application. SEGi incorporated the information, into the Project Narrative, as she requested. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action, on this CWA 401 certification request, within the applicable reasonable period of time. Summary: In summary, the Hammock Watch HOA is seeking authorization, in the form of a CAMA Major Permit, to perform new and old work, within Public Trust Waters, at their property, that abuts the Atlantic ICW W, in Hampstead, Pender County, North Carolina. The Applicant and SEG believe the proposed work is consistent with the NC Coastal Area Management Act and the current rules governing work within Public Trust Waters. fRFCEIVED MAY 11 N22 DCM 1WILMING`fON, NC Page 1 of 13 (Rev. 3/11/21) Page 13of45 DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary ApplicantlLandowner Information Business Name Project Name (ifapplicable) Hammocks Watch HOA, Inc. Hammocks Watch Boating Facility Applicant l: First Name M1 Las(Name Travis (Registered Agent) Crow Applicant 2: First Name MI Last Name John (SEGi Contact) Raynor Mailing Address PO Box City State 12051 Wilmington NC ZIP Country Phone No. FAX No, 28405 US 919-868-1826 (John) ext. NA Street Address (ifdif)erentfromabove) City State ZlP Same as above Email inr8771�a.,yahoo.com (John) 2. Agent/Contractor Information Business Name Southern Environmental Group, Inc. (SEGi) Agent/ Contractor 1: First Name Ml Last Name Dana A. Lutheran Agent/ Contractor 2: First Name M1 Last Name NA Mailing Address PO Box City State 5315 South College Road, Suite E Wilmington NC ZIP Phone No. I Phone No. 2 28412 910 - 228 - 1841 ext. 910 - 452 - 2711 ext. FAX No. Contractor # NA NA Street Address (rfdii Brent from above) City State ZIP Same Email Dlutheran@segi.us 3. Project Location County (can be multiple) Street Address State Rd. 11 Pender 16 Hammock Watch Way (Easement through) Subdivision Name City State Zip Hammock Watch Hampstead NC - Phone No. Lot No.(s) (ifmany, attach additional page with list) 910 - 228 - 1841 ext. NA a. In which NC river basin is the project located? b. Name of body ofwater nearest to proposed project: White Oak Atlantic ICWW c. !&1hLwztcr body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural anmade Unknown Atlantic ICWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work Yes No falls within. NA MAY 1 1 Z022 Page 1 of 8 (Hammock Watch 3111122) DCM WILMINGTON, NC 4. Site Description a. Total length of shoreline on the tract (fl.) b. Size of entire tract (sq.il.) +1- 700' +/- 5.8 AC c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL NA (normal water level} (If niany lot sizes, please attach additionalpage with a list) 6' above C WL e. Vegetation on tract The majority of the tract is tidal, coastal wetland, which consists of 73?pha latifolia, Spartina cynosuroides and Schoenoplectus robustus. There is an upland island that contains woody and scrub shrub vegetation. However, upland land disturbance is not being proposed with this project. f. Man-made features and uses now on tract Currently, the project contains the remnants of three sections of a 6' wide dock, which provided access to a 5 slip docking facility. Part of the structures (i.e., A1, A2 and A3-Sec l) were severely damaged, during Hurricane Florence, which took place in 2018. The first section of dock (i.e., Al) is approximately 102 LF and extends from the access point, across a wetland area, to another area of uplands. The second section of dock (i.e., A2) is approximately 75 LF and extends from the upland area to an upland island, where a footpath extends across to the third section of dock (i.e., A3), which has been broken down into two sections (Le,, A3-Sec 1 and A3-Sec2), A3-Sec I is approximately 560 LF and has been severely damaged, while A3-Sec2 is approximately 169 LF and is in decent condition but needs repairs. A3-Sec2 terminates at a Component B, a 17' x 17' covered gazebo. Attached to Component B is Component C, a 52' x 5' fixed platform that provides access to three, 24' x 4' finger piers, which provide access to five boat lifts. Approximately 544 square feet of platform area is currently in place. g, Identify and describe the existing land uses adiacent to the proposed project site. Adjacent land use is residential. h. How does local government zone (lie tract? i. Is the proposed project consistent with the applicable zoning? Residential (At(ach zoning compliance cetlificate, if applicable) (:E:)No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes <2D k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National Yes No A Register listed or eligible property? m. (i) Are there wetlands on the site? c No (ii) Are there coastal wetlands on the site? No (iii) Ifyes to either (i) or (ii) above, has a delineation been conducted? Yes (Attach documentation, ifavailable) Wetlands were not delineated for this work. n. Describe existing wastewater treatment facilities. RECEIVED Currently, wastewater is not being generated on -site. o. Describe existing drinking water supply source. Drinking water is not needed, with this project. MAX 112022 p. Describe existing storm water management or treatment systems. There are no existing stormwater management or treatment systems on the property. pG M W I LM I N GTON , N S. Activities and Impacts a. Will the project be for commercial, public, or private use? Commercial Public/Government rrvat b. Give a brief description of purpose, use, and daily operations of the project, when complete. The docking facility will provide access to Public Trust waters, for those who live in the Hammock Watch community. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Work will begin with replacing all of Component A and will end with the construction of Components D and E. Small machinery, such as a bobcat, may be used to carry materials to the project site and will be stored in uplands, while not in use. New pilings will be installed by either using jetting or hammering. A barge will be used for work on the water dependent structure (i.e., Components B-E) and will be moored in an area where it will not rest on the bottom, when not in use. d. List all development activities you propose. The proposed work consists of relacing or repairing all sections of Components A and B, replacing 42 LF and removing 9 LF of Component C, as well as removing the three existing 24' x 4' finger piers. Lastly, new construction of Components D (84' x 4' fixed platform) and E (43.5' x 4' fixed platforr), with 5 - 30' x 3' finger piers, is proposed. In total, the docking facility will provide 9 slips, with lifts that range from l4' to 16' Page 2 of 8 (Hammock Watch 3111/22) long and 12' wide. Pilings that are not used will be removed. The following table outlines the proposed work. Please see site plan for details of the work. Component Description Length (Ft) Width (Ft) SF ExistinglProposed Proposed Work Al Fixed Pier 102' 6' Existing Replace A2 Fixed Pier 75' 6' - Existing Replace A3-Seel Fixed Pier 560' 6' Existing Replace A3-Sec2 Fixed Pier 169' 6' -- Existing Repair B *Covered Gazebo 17' 17' 289 Existing Repair C *Fixed Platform 51' / 42' 5' 255 / 210 Existing 1 Proposed Repair / Modify D *Fixed Platform to, 5' 50 Proposed New Work E *Fixed Platfor 84' 4' 336 Proposed New Work 3 Fixed Finger Piers 24' 4' -- Existing To be Removed 5 Fixed Finger Piers 30' 3' Proposed New Work 5 Boat Lifts 12' 12' Existing To be Relocated 4 Boat Lifts 14'-16' 12' Proposed New Work *Indicates Plaform Area I Total Area I 1009 I e. Arc the proposed activities maintenance of an existing project, new work, or both? Repair/Replace/New work f. What is the approximate total disturbed land area resulting from the proposed project? 0 Sq.Ft or Acres g. Will the proposed project encroach on any public casement, public accessway or other area that the Yes (12D NA public has established use ot? h. Describe location and type of existing and proposed discharges to waters of the state. The proposed project does not include discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? Yes QU:> NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No <ilA> j. Is there any mitigation proposed? Yes E:) NA Ifycs, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) thefollowing items below, if applicable, must be submitted in orderfor the application package to he complete. Items (a) — #) are always applicable to any major development application. Please consult the application instruction booklet on how to properly true below. A project narrative. 1 ed work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Project Narrative c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. See Project Narrative e. The appropriate application fee, check or money order made payable to DEQ. 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. Sewre, LLC - 135 Dogwood Lane, Hampstead, NC 28443 (USPS Tracking Number 7020 0640 2723 5299) Mr. Robert A, Norman, 51 Long Point Lane, Hampstead, NC 28443 (USPS Tracking Number 7019 0160 0000 2873 7894)) g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. Neither SEGi nor the Applicant has copies of the previously issued permit. I h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. NA j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property, owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NA 17. Certification and Permission to .Enter on Land I understand that any pennit issued in response to this application will allow only the development described in the applicationn. The project Page 3 of 8 (Hammock Watch 3111/22) f.3Ch'1 VVIl.M1NGTON, NC 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 3/11/22 Print Name Dana A. Lutheran, for Hammock Watch HQA, Inc. Signature Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development MP-4 Structures Infornn DCM MP-5 Bridges and Culverts EGOVED MAY .11 DCM WILMINGTON, NC Page 4 of 8 (Hammock Watch 3111122) 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 th ocking faci E marina: b (i) Will the facility be open to the general public? Commercial Public/Government cfl2atefCommun Yes No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (Existing) (iii) Length 102'(Component Al) 75' (Component A2) 560' (Component A3-S7) 169' (Component A3S2) 906' (Total) (iv) Width 6' (v) Floating Yes e (i) Are Platforms included? No If yes: (ii) Number 4 (iii) Length Component B — 17' (Covered -measured from drip line) 'Component C — Existing 51' Proposed 42' (Removing Component D — 84' Component E — 43.5' (iv) Width Component B — 17' Component C — 5' ►component D — 4' /Component E — 4' (v) Floating Yes (: o Note: Roofed areas are calculated from driplfne dimensions. g (i) Number of slips proposed 4 (ii) Number of slips existing 5 Total number of slips proposed 9 L Check the proposed type of siting: Land cut and access channel Open water; dredging for basin and/or channel pen water; no dredging requir Other, p ease escn e: d (i) Are Finger Piers included? es o If yes: (ii) Number 3 Existing (to be removed) 5 Proposed (iii) Length Proposed 30' (iv) Width Proposed 3' (v) Floating Yes f. (i) Are Boatlifts included?(ED No If yes: (ii) Number 5 existing (to be removed) and 9 proposed (iii) Length Proposed 14' to 16' (iv) Width Proposed 12' 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 lifts ; number of boats: 9 Boat ramp(s); number of boat ramps: Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types REGEIVED 0 9 2022 L)CM WILMINGTON, NC Hammock Watch 3/11/2022 Form 0CM MP-4 (Structures, bags 2 of 3) k. Typical boat length: 21'-35' m. (i) Will the facility have tie pilings? es No (ii) If yes number of tie pilings? 14 I. (i) Will the facility be open to the general public? Yes (E 2. DOCKING FACILITYIMARINA OPERATIONS This section not applicable a Check each of the following sanitary facilities that will be included in the proposed project. Office Toilets Toilets for patrons; Number: ; Location: Showers Boat holding tank pump out; Give type and location: b Describe treatment type and disposal location for all sanitary wastewater G. Describe the disposal of solid waste, fish offal and trash. d How will overboard discharge of sewage from boats be controlled? e (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pump out Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g Where will residue from vessel maintenance be disposed of? h Give the number of channel markers and "No Wake" signs proposed. i Give the location of fuel -handling facilities and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m Is the marina/docking facility proposed within a primary or secondary nursery area? Yes No n Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Yes No o Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? 1f any boxes are checked, provide the number of square feet affected. CW 0 SAV SB WL None p Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? Yes No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) is section not applllcabTe� a (i) Is the boathouse structure(s): Commercial Public/Government Private/Community RECEIIVEr: (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions N]GM WII..MNCaTM NC 311 °1122 Form DCM MP-4 (Structures, gage 3 of 3) 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) is section not applicable a (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) his section not applicable a Length b Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS his section not applicable a Is the structure(s): Commercial Public/Government Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge if present. e Are of the swing b Number d Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL a Proximity of structure(s) to adjacent riparian property (ARP) b Proximity of structure(s) to adjacent docking facilities. lines Part of the existina Hammock Watch structure is current) located within the southern (Sewre), 15' riparian corridor. With the proposed docking facility configuration, this will no longer be the case. The Hammock Watch structure will be within 1' of the southern riparian corridor line. According to the site plan, the northern (Longview Estates) structure is within the Hammock Watch riparian corridor. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Approximately 790' e i) Will navigational aids be required as a result of the project? Yes to !VA (ii) If yes, explain what type and how they will be implemented. The Sewre. LLC 5 slip, dockina facility is situated aDoroximatel 50' south of the existing Hammock Watch structure. However, the new docking facility configuration increases the distance between the two, to 101'. The Long Point Estates, 9 slip, docking facility will be approximately 117" north of the proposed Hammock Watch docking facility (see attached site plan). d Water depth at waterward end of structure agL br NWL -1.4'to -2.6' [!.-0— THER This section not applicable a Give complete description: 3/11 /2022 Date Hammock Watch HOA Boatina Facilit Project Name Mr. John Raynor Applicant Name Dana A. Lutheran for Hammock Watch HOA, Inc. Applicant Signature 0C:M W LM. NGTGN, NG 3111122 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Hammocks Watch HOA, Inc. c/o Travis Crow PO Box 12051 Wilmington, NC 28405 Dear Mr. Crow: NORTH CAROLINA Environmental Quality May 12, 2022 The Division of Coastal Management hereby acknowledges that on May 10, 2022, we received your completed application, acting on behalf of the Hammocks Watch Homeowners Association, whereby you are requesting State approval for the development of property located adjacent to 176 Hammock Watch Way at Pender PIN 3281-96-6340-0000, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. The projected deadline for making a decision on your permit application is July 24, 2022. An additiona175- 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 May 10, 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. �S1i .erely, //� J l/ /`/ 'Jason Dail �J Field Representative Cc: SEGI, Attn: Dana Lutheran D_EQ� n�.wn, caxc�rvn 7e9x4n«n a u.:w�e�ei m�niy North Carolina Department of Environmental Quality ' Division of Coastal Management Wilmington Office ' 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor NOk i H CAROU F Lr wownetntal 0:1,2l11)' May 13, 2022 GanLegPubNotices�`ia gannett.coin 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Hammocks Watch Homeowners Association, Inc. Hello: Please publish the attached Notice in the Wednesday, May IS, 2022 issue. ELIZABETH S. BISER Secretary BRAXTON DAVIS Director, Division ojCoasial Management 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 Pictila 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. S' cerely, �anya K ietila Permitting Support & Customer Assistance cc: Cameron Luck - MHC WIRO file USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On May 12, 2022, Hammock Watch Homeowners Association, Inc. proposed to install an additional four (4) slips to an existing five (5) slip docking facility for a total of nine (9) slips along the community easement located adj. to 176 Hammock Watch Way adj. to the AIWW in Hampstead, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 June 8, 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. Contact Name * DANA A LUTHERAN Contact Email Address` dlutheran@segi.us Project Owner* Hammock Watch HOA, Inc. Project Name * Hammock Watch Boat Facility Project County* Pender Owne r Addre ss: * Street Address 5315 South College Road Address Line 2 Suite E CKY Cape Carteret Postal / 7p G�de 28412 Is this a transportatlon project?* C' Yes r No Type(s) of approval sought from the DWR: V 401 Water Quality Certification - r 401 Water Quality Certification - Regular Express r Individual Permit F Modification r Shoreline Stabilization Does this project have an existing project ID#? r Yes r No State! Rovince / "on NC Country United States Do you know the name of the staff member you would like to request a meeting with? Holley Snider Please give a brief project description below.* The project consist of replacing and repairing 910 LF of dock and constructing an 85' x 5' , fixed platform, with three 34' x4' fixed finger piers, Mich would provide for 5 additional boat slips, at this location. Boat lifts are included in the proposal. There are currently 5 slips available. The nearest 10 slip boating facility, to this project, is located approAmately 210' north. Dredging is not required. The area is not PNA and, while SAVs are mapped in the area, there is no evidence that SAVs epst within the footprint of the proposed structures and/or slips. Please give a couple of dates you are available for a meeting. RECEIVED MAY 11 20Lt 21 DCM WiLMINGTM NC Page 40 of 45 2/26/2021 311 /2021 3/4/2021 3/8/2021 Please attach the documentation you would like to have the meeting about. HAMMOCK WATCH CAMA MAJOR SITE 2.44MB PLANS.pdf Hammock Watch HOA Project Narrative DRAFT 228.11 KB without Attach 2-24-21.pdf zu . By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 2/24/2021 RECEIVED MAC 1 t DGM Wl_MINGTON; NG Page 41 of 45 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 211 B121 Name of Property Owner Applying for Permit: Hammocks Watch HOA, Inc. Mailing Address: --� PL) e a x J z0Sr Q, Ivk(n ±"\ 2wy6S I certify that I have authorized (agent) ___ Southern Environmental Group. Inc. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) construct 4 additional sli s, with pilings , at (my property located at) Hammock Watch HOA Common Area This certification is valid thru (date) December 31, 2021 Name (please print) Property Owner Signature PS ►yfe FP� Date RECEIVED wiY I i DGM WILMINGTON W, Page 45 of 45 Hammock Watch HOA CAMA Major Permit PN 5 F C l s Attachment 12 Adjacent Riparian Property Owner Notification Green Cards ■ Complete Item 1, 2, and 3. I ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to tho brick of the mailpleos, or on the front ff apace permits. RK. MarL ktarrvz0./L. Sl L-0 bi Ln IIIl111111 �Illlllll�llllllllllillll�llllll�ll 9590 9402 5834 0038 8938 98 2. Article iY1a1 W (rummer rrom sernw meWlJ 19 0160 0000 2873 7894 kPS Farm 3811, July 2015 PSN 7530-02-000-OM X r f D. Is ddmq ed*m isf If YES, enter deStremy E3 Agent below; �M No Typa q P my Mar F or e Sipzem a o t19glmBdd ura r• Rmtdaed tx" o ❑ sxst um RK*Wd coat 0 Oeninad Ma ReeMcted Deily" 0 © e4w on Uivwy FAp eRa+antlise vY Reatrkted D*MY USf9namv8Canfmmrim' 0 iuswad Mal Cl Slgnm etonfrmation o rrW Reetrkied DOFMY tia+hkted oevoy D m ec Return Recelpt RECEIVED MAY 11 oc" W11_MINGYON. NC Page 1 of 13 (Rev. 3/11/21) Page 37 of 45 0 4 7 N W �r P?b LO rf YMM/ _N -Cv rV S ammo 445'ru N w i m r� a f Yr f] ' o O 0 � V' p S �n C7. 'I O � r NLn (f j Iv r a LL IL N N N' xaaa - Wddq M9n z r4 Lnw�4N as 0000 p : ri W I w. 7 F dL t H eo d' AG z z _ N kAj RFV U cc - WC a Page 38 of 45 Hammock Watcli Vicinity Map RECEIVE[] MAY 11 202*" Page 6 of 8 (Hammock Watch 3/11 /22) nCM WILMINGTON, NC: Page 43 of 45 Hammock Watch HOA LAMA Maior Permit PN SL L Attachment 1 Hammock Watch Aerial Photo and Parcel information ECEIUED MAY 11 2022 I)GM WILMINGTON, NC, Page 1 of 13 (Rev. 3/11/21) Page 14of45 hill lllllll l !ll lll�i! 11il�lll II i I �45� Pelio li; io�ghe;PpOP Pender County, C Register of Deeds page 1 of 2 NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax: $0.00 Parcel Identifier Nos. 3281-96-5870-0000, 3291-05-1744-0000, 3281-%-7304-0000 and AT 3281-9&8154-000 and PT 3281-%- 3439-000 Verified by. County on the _ day of .20 By: Blum to: Yow, Fox & Mannen, LLP, Post Office Box 479, Wilmington. NC 28402 This instrument was propared hy: terry A. M,onngn,jr., Yow, Fox & Mannen. I,I.P, Post Office Box 479, Wilmington, NC 28402 Delinquent taxes, if any, to be paid by the closing attorney to the county lax collector upon disbursement of �josing proceeds Preparer has been informed that this is not the primary residence ofyhg raptor. Prenarer_of_this document has made no title examination and makes no representation or certifications as to any matters affecting_ title. Brief description for the Index: Common areas, casements, limited common areas Hammocks Watch, MB 55 at P 53 and MB37atP22 TI I lS DEED made this day of _ un ___ _ _ , 2015__, by and between GRANTOR HARDISON BUILDING, INC., a North Carolina corporation Post Office Box 809 Wrightsville Beach, NC 28480 GRANTEE HAMMOCK WATCH HOA, INC., a North Carolina non-profit corporation Post Mee Box 12051 Wilmington, NC 28405 Enter inappropriate block for each Grantor and Grantee: name, mailing address, and, ifappropriate, character ofcmity, e.g. corporation or partnership, The designation Grantor and Grantee as used herein shall include said pailies, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNF,SSETI t, that the Grantor, fora valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unlo the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of _ Township. Pender _ County, North Carolina and more NC liar Association Form No. 70 11112010. 2n13 This standard firm has been approwd by. Printed M AgNTmem with the NC Bar A.axociation Muth Carolina Bar Association - NC liar Form No. 7 RECEIVED MAY 11 2022 0C:M WILMINGTON, NC Page 16 of 45 Ill I f Illllll If IIII Il llf flllllllll III a45s9 LeOar LIl 1loughbyPROP Pender County, C Register of Ceeds page 2 of 2 particularly described as follows: Being all of the common areas, easements and limited common areas as shown on a plat entitled Hammocks Watch Common Ares, Easements and Limited Common Areas prepared by Stroud Engineering P.A. and recorded in Map Book 55 at Page 53 of the Pender County Registry and Map Book 37 at Page 22. Tice property hereinabove described was acquired by Grantor by instrument recorded in Book Page All or a portion of the property herein conveyed __ includes or X does not include the primary residence of a Grantor A map showing the above described property is recorded in Plat Book �5 Page 53 ofthe Pendcr County Registry. 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 has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: (a) subject to County and local Zoning Ordinances; (b) subject to standard easements for utilities, public roads and other easements of record; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year, and (e) such state of facts as would be disclosed by an accurate survey and inspection of the land. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written HARDISON BUILDING. INC. _ (SEAL) (E- ' Name) Prinl/Type Name: Fly'-- - �� i MAL) Print/Typc Name & Title: Gerald D. I lardison. Jr., President Print/Type Name: Printfl'ype Name &c By: Print/Type Name & SEAL Print/Type Name: frintfl'ype Name: State of North Carolina - County or City of 910 a,-ou,' _ 1, certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated herein a%k%lhrfhq racity indicated: Gerald D. Hardison, Jr., President Hardison Building, Inc., a North Carolina corporation, t A, I.Fk�S Date: My Commission Lxpires: tdototy Public =_ ( . Notary Public (Affix Seal) New Fionover county Notary's Printed or Typed Name :` NC mar Assocr`alion Form No. 7 rD 11 V20t0. 2013 a�Ir tCA%d�`�S 'Phis standardIismi has been approscd by: Printed hr Agrtenitnt a ith the NC liar Axstseiation North Carolina liar M.,mialim - NC Rar Form No, 7 RECEIVED MAY 11 2021 DCM WILMINGTON, NC Page 17 of 45 Hammock Watch HOA CAMA Major Pennit PN �}L Gi Attachment 3 DWR Water Classification Map 1±; tiff ( r� c�rlro ram` _ s a' Surface Water Classifications: -,.. '0-87-11.7 5t = Topsa l So..nd a-d Micdle ?^ie Sound ORINArea ., De cr a.+c ^. AlE waters hewiean the o0owv Berrie. Is ancs enc the c° rra:nls^,d located bet..cen a by I,'ne rurn:nc from :he "estern rnos: shore of Vaso'� Inlet the sou:hwes`err s� ore of Hone C�ee-c anc a line '1 ;F rvrr rg fror- :^e v�es:err yY, vore of New-oosail Inlet to the eas_er^ °ncuth .Dr,: SA-ORV �C-e :>= Cecer-ber 31 1989 clacs.: ,,;hatooes i:lore;n`o Zoom to RECEIVED MAY 11 2022 DCM WILMINGTON, NC Page 1 of 13 (Rev. 3/11/21) Page 18 of45 Hammock Watch HOA CAMA Major Permit PN i Attachment 4 NC DMF Primary Nursery Area Map DECEIVED MAY 11 2a22 ACM WILMINGTON, NC Page 1 of 13 (Rev. 3/ 11 /21) Page 19 of 45 Hammock Watch HOA CAMA Ma'or Permit PN i Attachment 5 Google Earth with SAV Overlay RECEIVE[ MAY 11 2021 DCM WILMINGTON. NC Page 1 of 13 (Rev. 3/11 /21) Page 20 of45 Hammock Watch HOA CAMA Major Permit PN 9F [-zi Attachment 6 NC DMF Shellfish Closure Map MAY I S ?0 1)CM WILMINGTON. NC - Page 1 of 13 (Rev. 3/11/21) Page 21 of 45 . Al a rojact Location 'r 4 � W a X � W O ........... ff �- ............__* O r Q wo ----- �.... P 8 O O lT+ Z 4 z ao a x �gax �oc uaaa uaao SETBACK u5 1CWW W a N X cn ai xo . . . . . . . ................ . r� I I I f I I I II I I I I R/W us ICWW I I II I I I I I I I I I I I I I woo ®„aaa I IZzo I VwUrh Iz ° °° co I O W O I H H I mwz W J Icc'o I zW� I gym., b om i all �> ZH^ I Oz# � w J I a Q W p J U7 u 1' W p !fCL x �• MI r Ui L/u� 7 U� z I 1 H R x U Y] i Ic, 1 { W M I a0 I co N I I V) Va N Z H Z W 5 1 W 2 Z 2 5 l x`i Orn f0 3703 4 2W 5 a�kN3�_-- _ y N� OLO 31 5 O% U 15'S y`4 r � ZR r%o 1' ` 1 5 � r � m 5 r y4 x 1 Ld t ' S f'- II r z aw 5t r Lt] r5 ,ram- z 5 Orw Z 5 OXO 4 r I1 Wo 5 V 4 rl NXU 5 I t 1155 �V,m oNr7sl./�/,%/�.. y'y rI 5 �U41O rfi/ - /J 1 0 t L � , oxa +� 1 7�! r , IP6lo, I ap112 0 � ¢ a O �r� N O u O ■ F O J l■J N x S N be T r o U a va Z d z # Y _W xP Q 0 d Ul 2w - to �� iy'S: 8 o 0Z C IL j =Y LLLL LLLLLL LL LLLL� 0 VI VI VI0 VI VI VI cam' V510 r LUInr lGv Pn NNK7Y M — uunnnrrnu L N Ln 0O„O Nv In 4ti WtG.-vcov 1%1 - X x X X x x X x ID,D ,D 10 W Nl C v 8 WWW W W W W oWWWWWW W x X X X x X x x LL LLLL LLLLk L,,.W 8 ff zzzzzz0 VIN r-I-rHrr-O© W VI VI VI Vr 0 M M J xxxxxxcrM a WWWWWwaa 0 V) N O U 00 V1 z I N -d-r " d QQ [�UOW Q 0. zzzzzzzz a = r Y c � _ o E-- - _ _ - _ `- MIN 13NNVHJ WHIld 03X13T 13NNVHD H1831d 03X13 Z d _ +HJOIA ---------------- --- Q 3 s cc W F �w e V (L O Lz A i� z z Q. w ,W O c L)w `L O " p CO m O ` = �+ N co > b Q AH � WJZ [ W w p ZZ: I --I zmw 0cnow a O^ Ci zap �q VJ QZI z F a > O z w Ir LL, ,,S O uo F pae giP !!V1 <A L Vx�l wia z N w MMJI uia 0 _ s6 ...... ............... ... ..._ _.............. ....... �i b S SETBACK US ICWW � W 6� a o r, s� O d G. .z 0 M W s * n (�} s. er --�}K n �• � I I L r dr. r .I Cl 9.0 I R/W US I CWW L n 00!.pp NIO xo I Arc !v #fl ¢i 4 Source: Google Earth with DMF SAV Overlay Layer APPROX SAV LINE E1),yp aFR 1 1 1 / ca .rINx r'��Il tly 1 I 5 ' RIPARIAN CORRIDOR f • • f USACE NAV SETBACK LINE r 'f I f r,r x .3{j, rIXE� ♦ Point Coordinates Table: r Mr, John Raynor, member of the Hammock Watch HOA, performed an evaluation of the area, HW SAV #1 34.335033,-77.705212 on Saturday 3/27/2021, at approximately 1:30 PM (low tide). At the time of the evaluation, the HW SAV #2 34.335022,-77.705165 water temperature was in the mid to upper 50's, air temp was --75 degrees, and it was partly HW SAV #3 34.335072,-77.705188 cloudy. HW SAV #4 34.335058,-77.705150 HW SAV #5 34.335104,-77.705190 Mr. Raynor used a standard garden rake, to pull along and below the substrat fi�t.1 �. HW SAV #6 34.335091,-77.705136 approximately 10' intervals, within the proposed docking area. The substrate cc) nse of a HW SAV #7 34.335125,-77.705100 layer of thick, compacted muck, overlain by a thin sand layer. Mr. Raynor stated he found no HW SAV #8 34.335131,-77,705151 evidence of rhizomes within the evaluation area. A`( 0?.��1 HW SAV #9 34.335172,-77.705077 HW SAV #10 34.335188,-77,705138 While the evaluation took place in March of 2021 and did not include area where slips 7-9 are positioned, it is not anticipated that either existing conditions have chag9eq�Qr bttt0`AV e'rXQN, N within the proposed project limits. Page 29 of 45 Hammock Watch HOA CAMA Major Permit PN i Attachment 7 Hammock Watch CAMA Major Site Plan Page 1 of 13 (Rev. 3/11/21) Page 23of45 Hammock Watch HOA CAMA Major Permit PN 9F Li Attachment S Historical Aerials of the Project Area N, NC Page 1 of 13 (Rev. 3/11/21) Page 27 of45 Hammock Watch HQA CAMA Major Permit PN 5F Cli Attachment 9 SAV Survey Map RFCFi\/6 i."l MAY 11 20?? Page 1 of 13 (Rev. 3/11/21) Page 28 of 45 Hammock Watch HOA CAMA Major Permit PN 5F c3i Attachment 10 "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" EGEIVE MAY l 1. DC:M Wfl_MINGTON N". Page 1 of 13 (Rev. 3/ 11121) Page 30 of 45 . "`V-I�;+; ;,Ix United Mates Department of the Interior FISH AND WILDLIFE SERVICE; Raleigh Field Office Post Office Box 33726 CH 3, i�y9 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.G. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 of seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel thMN0, gO Pa �(�� C)N NG g(-.0 there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project wi 11 operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/8564520 Page 32 of 45 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. C �— 'rO Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. Page 33 of 45 Hammock Watch HOA CAMA Mai or Pen -nit PN 9F Cli Attachment 11 DMF Shellfish & Sanitation Unit Email Page 1 of 13 (Rev. 3/11/21) Page 34 of45 d1lutheran@segi.us From: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Sent: Friday, March 4, 2022 10:14 AM To: dlutheran@segi.us; Dail, Jason Cc: Haines, Andrew; Brannigan, Kelly E Subject: RE: [External] RE: Hammocks Watch HOA discussion Hi Dana. Per the drawings, I would say that the proposal will not trigger a shellfish closure. But I have included more of our staff for good measure. Please reach out should you need more input. Thank you, Jeremy Jeremy Humphrey Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office Jeremy.Humphrey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 rt Yrsadl,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran@segi.us <dlutheran@segi.us> Sent: Wednesday, March 2, 2022 2:43 PM To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov> Subject: RE: [External] RE: Hammocks Watch HOA discussion ICAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi, Jeremy and Jason. Attached is the updated site plan for Hammocks Watch. This plan was prepared by the surveyor, so all distances should be accurate. That being said, because so much time has passed since we last looked at it, 1 wanted to ensure that nothing has changed, either in the DCM's or DMF's regs or on the ground (i.e., authorized changes to the Sewre, and/or the Long Point Estates docks, or any other new dockage within 100' of the subject property) that would prevent the project from being approved. Please feel free to provide feedback on anything that may be missing or needs to be revised. Thanks a bunch, Page 35 of 45 Dana f ]ana A. Lutkeran Southern environmental Group, Inc. 5315 :South Collegc }load, Suite r- Wilmington, NC 28412 Qfl'ice. 910.45 2.271 1 Mobile, 910.22,9.18+1 (pr4crred) www.r'5 j.u8 From: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Sent: Thursday, November 4, 2021 3:42 PM To: dlutheran@segi.us Subject: RE: [External] RE: Hammocks Watch HOA discussion Hi Dana. Per your site plan, it appears that this new design will not cause a shellfish closure. You know this, and I am just trying to cover all the bases, but any pending authorized changes (if there are any) to the Sewre, and/or the long Point Estates docks, or any other new dockage within 100' of the subject property could be problematic. Also, we do support the use of the anchor pilings referenced in the drawing, as it will prevent the use of those areas as slips. Again, this may go without saying, but please include all these details in the application so that it is clear to DCM, and the resource agencies. hope that you find this helpful. Please reach out to me if you need additional input. Thanks, Jeremy Jeremy Humphrey Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office Jeremy.Humphrey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 N .0 - C� •�'` �,eo Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Page 36 of 45 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 13, 2022 MEMORANDUM: 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(a)NCDENR.gov SUBJECT: CAMA Applicant: Hammocks Watch Homeowners Association, Inc. Project Location: Located along the community easement adjacent to 176 Hammock Watch Way at Pender County PIN 3281-96-6340-0000, adi. to the AIWW in Hampstead. Proposed Project: The applicant proposes to expand an existing five (5) slip docking facility, creating a total of nine (9) 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 June 8, 2022. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 CAROLJNA - .P ,t m ea.troa niai Quality 910.796.7215 Major Permit Fee Schedule Project Name: A"" a_ f-bCdunty: rFX PCs, Check No & Amount: 139 4- DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024361000952341) 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: 111. 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-commercia development,. if General Water u ity $ 0 0 50) 0% ($0) Certification No. 4175 can be a lied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: