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HomeMy WebLinkAbout20220754 Ver 1_CAMA Application_20220601DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Avila Yacht Basin Owners Association 2. LOCATION OF PROJECT SITE: Site is Iocated at 986 Avila Avenue, Hampstead, NC State Plane Coordinates - Lat: 34122'37.14"N Long: 77°38'51.37"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete by DCM: 5/25/22, DWR pre -file date was 4/25/2022. 5. 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 10-slip community docking facility Planned- Dock extension and floating dock installation. (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] DREDGED FTLLED nTUFR (A) Vegetated Wetlands (§404) (B) Non -Vegetated Wetlands (Open Water) `Subject area noted as Submerged Aqautic Vegetation (SAV) 1,914 sq. ft. (incorporated) habitat (C) Other - Highground disturbance (D) Total Area Disturbed. 1,914 sq. ft. (0.04 acres) (E) Primary Nursery Area: Yes (partially) (F) Water Classification: SA Open: Yes (adjacent AIWW) 7. PROJECT SUMMARY: The applicant proposes to extend the existing facility approximately 60' waterward of its current location and install a new 6' 20' floating dock. DF Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH C ROLM ^ 910.796J215 Avila Yacht Basin Owners Association Page 2 8. PROJECT DESCRIPTION The project site is located at the terminal end of Avila Avenue, adjacent to the AIWW, in Hampstead, Pender County. To access the site from Wilmington, take US Hwy 17 north toward Jacksonville, NC. From NC Highway 17 (in Hampstead), turn right onto Country Club and travel approximately 1.6 miles. Turn right onto Avila Avenue and the docking facility will be located at the terminal end of the road. The Avila subdivision and existing docking facility were initially approved under CAMA Major development permit No. 30-98 on March 5, 1998. The original permit included construction of a 10-slip docking facility and bulkhead. At the time, the project was authorized under the following permits/authorizations: - NC State Stormwater - SW8970636 US Army Corp of Engineers AID-1996800094 DWQ project No. 970910 The Avila subdivision, and associated docking facility, has remained largely unchanged since issuance of the original CAMA permit. However, the facility has been maintained and rebuilt since initial construction, with the most recent development activity occurring in January 2020 when several boatlifts and finger piers were replaced. This activity was authorized under CAMA general permit No. 74627. Black Needlerush Uuncus roemerianus), Spikegrass (Distichlis spicata), Sea Oxeye (Borrichia frutescens), Groundsel bush (Baccharus halimifolia), Salt Meadow Hay (Spartina patens), Marsh Elder (Iva frutescens) and Wax Myrtle (Myrica cerifera) line the shoreline on the eastern side of the existing bulkhead and these species give way to Smooth Marsh Cordgrass (Spartina alterniflora) near the transection of normal high water. As mentioned, an existing pier and docking facility extend from the bulkhead, east toward the AIWW. The existing pier is approximately 6' in width x 370' in length and terminates into an 18' x 20' covered platform. A 6' wide x 160' finger extends south from the terminal end of the existing gazebo, and the finger pier provides access to five (5) - 4' x 24' finger piers that extend out toward the AIWW. The existing finger piers provide access to ten (10) -13' x 13' boatlifts that run along the outer edge of the docking facility. The waters of the AIWW adjacent to the project site are classified as SA by the North Carolina Division of Water Quality. They are 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 Countys 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. D FW North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%.7215 Avila Yacht Basin Owners Association Page 3 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". Additionally, several of the site plan drawings depict SAV beneath a portion of the existing docking facility. 1. PROPOSED PROJECT The applicant is proposing to extend the existing facility approximately 60' waterward of its current location and install a new 6' 20' floating dock. As designed, the configuration of the existing facility would remain very consistent with the existing layout, with exception of the southern terminus, and the implementation of the proposed floating dock. According to historical imagery and documentation, shoaling along the AIWW has caused a partial loss of use at the facility during periods of low tide, and to combat that, the applicant has proposed to extend the existing facility approximately 60' waterward of its current location. As described, the existing access pier and gazebo would remain in place, and the old finger piers and boatlifts would be demolished. In response, a new 6' x 53' access pier would be installed, and it would extend southeast from the existing gazebo. This finger pier would provide access to a new 6' x 20' floating dock that would be installed in the same alignment as the access pier extension, along the southeastern side of new 6' x 166' long finger pier, which would begin at the terminal end of the access pier. Five, 4' x 24' fixed finger piers would extend along, and perpendicular to the 166' long finger pier. These five finger piers would provide access to ten (10),13' x 13' boatlifts. Based on the site plan, the proposed facility would be in waters that are approximately -3.2' to -4.5' deep, at normal low water (NLW), and would be located just inside of the 1/4 width waterbody limitation and outside of the USACE federal channel setback. On paper, the docking facility is shown to accommodate ten (10) boatlifts, plus two potential "transient" slips (incorporation of proposed 6' x 20' floating dock). When combined, the current layout has the ability to provide overnight and long-term dockage of up to twelve (12) vessels. However, the Shellfish Sanitation Section has communicated with the applicant and has determined that the proposed project would not create a shellfish closure, provided the "wet slips" were used as transient and not permanent slips. 10. ANTICIPATED IMPACTS The proposed structures would incorporate approximately 1,914 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). Because water depths surrounding the existing docking facility are shallow, and encompassed by SAV, the relocation project is not only beneficial to the applicant, but also the resource(s). �1� oyrr+rrrwr�.�em�r 1../ 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 Avila Yacht Basin Owners Association Page 4 Minor increases in turbidity should be expected during construction. Water depths in the vicinity of the proposed project range from -3.2' to -4.5' @ normal low water. Submitted by: Jason Dail Date: May 27, 2022 Office: Wilmington 4�� �D-FQ�� 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 DAVEY#, Resource Group April 28, 2022 TO: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Avila Avenue Community Docking Facility c/o Cameron Calhoun CAMA Major Permit Application Request _ Jason, Please find enclosed an updated CAMA Major Permit application and supporting materials for the Avila Drive Community Docking Facility project located at the terminus of Avila Avenue, adjacent to the Intracoastal Waterway, Hampstead, Pender County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and USPS delivery confirmations are included. Please let me know if you have any questions or need anything' in addition to accept the application as complete. Sincerely, E i i Andy Dortch Davey Resource Group, Inc. Enclosure: updated CAMA Major Permit Application Package, Fee Check delivered on 4/25/2022 cc: Avila Avenue Community Docking Facility c/o Cameron Calhoun www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 V) 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at the terminus of Avila Avenue in Hampstead, Pender County and has an extended permitting history. The most recent permit issued to Avila Yacht Basin Association was obtained from DCM in January of 2020 (GP 74627), It authorized installation of a previously permitted finger pier and boatlift on the southwest portion of the docking facility. CAMA Major Permit 30- 98 was issued to Avila Subdivision c/o Norma Graberstein in March of 1998. It authorized construction of a bulkhead and conversion of a private dock to a community dock with a maximum of 10 slips. The addition of an open boathouse, additional floating docks with mooring pilings was also authorized. CAMA Dredge and Fill Permit 16175 was issued to Norma Graberstein and Greg Lanson in July of 1996 and authorized construction of a fixed pier, gazebo, floating dock, boathouse and mooring pilings. LMG staff delineated Normal High Water and Coastal Wetland lines through aerial photography which DCM approved on August 31, 2021. Length of shoreline at Normal high water is 272'. Waters in the project area are classified as SA, HQW and are open to commercial shellfishing. The northeast portion of the project area is classified as a Primary Nursery Area. Water depths are -1' NLW to -2' NLW under the current structures. See Appendix B for details. 3.1.2 Proposed Action The applicant proposes extending and restructuring the current docking facility by constructing a fixed pier with finger piers, floating dock with access ramp, and 10 boatlifts. The proposed fixed pier will attach to the center of the existing covered gazebo, measure 6' wide and extend 53' toward the ICWW, then turn southwest for 166'. A 6' wide x 20' long temporary loading / unloading floating dock with no cleats or ties will attach to the northeast portion of the fixed pier. The 166' fixed pier will have (5) 4' wide x 24' fingers extending toward the ICWW that would accommodate (10) 12' x 12' boatlifts. See Appendix A for details. There is no upland work proposed. Dredging is not proposed. Water depths are -1' NLW to -2' NLW under the current structures which severely limits waterway access to only the high tidal cycles. Therefore, relocation of the structures to the allowable % waterbody width is proposed. Current water depths under the proposed structures range from -3.5' NLW to -4.5' NLW until they begin to taper down to the deeper waters of the USACE Navigation Channel. See Appendices A and B for details. The 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. 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12iZ7)06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant) Landowner Information Business Name Project Name (if applicable) Avila Yacht Basin Owners Association Avila Yacht Basin Owners Association Applicant 1: First Name MI Last Name Cameron NA Calhoun Applicant 2: First Name MI Last Name n/a NA n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1144 Avila Avenue n/a Hampstead NC ZIP Country Phone No. FAX No. 28443 USA 910-833-0011 n/a Street Address (if different from above) City State ZIP n/a nla n/a n/a Email ccc@ccalhounco.com 2. Agent/Contractor Information Business Name Davey Resource Group, Inc. Agent/ Contractor 1: First Name MI Last Name Andy NA Dortch Agent/ Contractor 2: First Name MI Last Name Greg NA Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 NA Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # 910-452.0050 NA Street Address (if different from above) City State ZIP NA Email Will iam.dortch(a1davey.com : greg.f€nch@davey.com Application for Major Development Permit —Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina 3. Project Location County (can be multiple) Street Address State Rd. # Pender End of Avila Avenue (PIN 4203-81-0051-0000) NIA Subdivision Name City State Zip Avila Subdivision Hampstead NC 28443 Phone No. Lot No.(s) (if many, attach additional page with list) Cameron Calhoun 910-833-0011 NIA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AID G. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Hampstead 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —272' 20,473 sq ft (0.47 +1- acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA NWL (normal water level) (if many lot sizes, please attach additional page with a list) 5' - 15, ®NHW or ❑NWL e. Vegetation on tract Coastal and 404 Wetlands, typical upland grasses, shrubs, and trees f. Man-made features and uses now on tract There is an existing upland platform, fixed pier with covered gazebo, floating dock with ramp, fixed pier with finger piers, and boatlifts. See Appendix A for details. g. Identify and describe the existing land uses adjacent to the proposed project site. Wooded and residential h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? RP Residential (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a National []Yes ®No ❑NA Register listed or eligible property? Application for Major Development Permit — Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND DEVELOPMENT PROPOSED, COASTAL WETLAND AND NORMAL HIGH WATLR LINES INTERPRETED THROUGH AERIAL PHOTOGRAPHY AND CONFIRMED 8Y DCM STAFF ON 813112021. SEE APPENDIX A FOR DETAILS. n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. NIA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubiiclGovemment NPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Community recreational fixed pier with boatlifts and a two floating docks 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. Standard marine construction methodology and equipment. Equipment will be stored onsite if needed. d. List all development activities you propose. The applicant proposes extending and restructuring the current docking facility by constructing a fixed pier with finger piers, floating dock with access ramp, and 10 boatlifts. The proposed fixed pier will attach to the center of the existing covered gazebo, measure 6' wide and extend 53' toward the ICWW, then turn southwest for 166'. A 6' wide x 20' long temporary loading 1 unloading floating dock with no cleats or ties will attach to the northeast portion of the fixed pier. The 166' fixed pier will have (5) 4' wide x 24' fingers extending toward the ICWW that would accommodate (10) 12' x 12' boatlifts. See Appendix A for details. There is no upland work proposed. Dredging is not proposed. Water depths are -1' NLW to -2' NLW under the current structures which severely limits waterway access to only the high tidal cycles. Therefore, relocation of the structures to the allowable '/4 waterbody width is proposed. Current water depths under the proposed structures range from -3.5' NLW to -4.5' NLW until they begin to taper down to the deeper waters of the LISACE Navigation Channel. See Appendices A and B for details. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? p NSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIA Application for Major Development Permit — Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina '�� �' '�f( U�4 K, i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑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 ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative, b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d_ A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties_ e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name COUNTRY CLUB ROAD ASSEMBLAGE LLC c/o OF MANAGEMENT CO, LLC Phone No. NA Address 4721 EMPEROR BOULEVARD SUITE #300, DURHAM NC 27703 Name COUNTRY CLUB ROAD ASSEMBLAGE LLC Phone No. NA Address 996 VELINZA PLANTATION ROAD, HAMPSTEAD NC 28443 Name PEENS WENDY S Phone No. NA Address 456 EAST CREEKVIEW DRIVE or 118 INLET COURT, HAMPSTEAD NC 28443 g. A list of previous state or federal permits issued for work on the project tract. Indude permit numbers, pennittee, and issuing dates. GP 74627D Avila Yacht Basin Assoc 1/2/2020 ; MAJOR 30-98 Avila Subdivision 3/5/1998 ; Stormwater Permit SW8 970636 2/11/1991 ; Dredge and Fill 16175 Norma Graborstein 1 Greg Lanson 7/29/1996 h. Signed consultant or agent authorization form, if applicable. i_ Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Application for Major Development Permit —Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: April 28, 2022 Print Name: Andy Dortch Agent, Davey Resource Group,Inc. Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information Application for Major Development Permit — Avila Yacht Basin Owners Association April 2022 Hampstead, Pender County, North Carolina 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Gomm unity C. (i) Dock(s) and/or pier(s) (ii) Number 2 (iii) Length 53' : 166' (iv) Width 6' ; 6 (v) Floating [-]Yes ®No e. (i) Are Platforms included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes [--]No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed 10 / 12 (2 temporary loading / unloading wet slips with no cleats or ties and 10 boatlifts) (ii) Number of slips existing 10 boatlift slips 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: 10' — 30' m, (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 1 floating with no cleats or ties• 5 fixed (iii) Length 20' : 24' : 24' : 24' ; 24' ; 24' (iv)Width 6';4'04';4';4';4' (v) Floating ®Yes ®No f. 0) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 10 existing, 10 proposed (iii) Length 12' (tv) Width 12' 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: El Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: 10 boatlifts existing, 10 boatlifts proposed, 2 temporary loading I unloading wet slips with no cleats or ties proposed i. Describe the typical boats to be served (e.g„ open runabout, charter boats, sail boats, mixed types). Open runabout and sportfishing vessels L (i) Will the facility be open to the general public? ❑Yes ®No Application for Major Development Permit —Avila Yacht Basin Owners Association November 2021 Hampstead, Pender County, North Carolina 2. DOCKING FACILITY/MARINA 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: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. L 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 marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking 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. Application for Major Development Permit — Avila Yacht Basin Owners Association November 2021 Hampstead, Pender County, North Carolina 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliciGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheefpile, etc, if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a• (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheefpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 17' Northeast; 26' Southwest Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body -610, e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA b. Number d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. -400' Northeast; -700' Southwest d. Water depth at waterward end of structure at NLW or NWL 3.5'-4.5' NLW Application for Major Development Permit -Avila Yacht Basin Owners Association November 2021 Hampstead, Pender County, North Carolina 9 8. OTHER ®This section not applicable a. Give complete description: April 28, 2022 Date Avila Yacht Basin Owners Association Project Name Andy Dortch, Agent — Davey Resource Group, Inc. ApplicantName l � D� Q 104.iG(� Applicant Signature Application for Major Development Permit —Avila Yacht Basin Owners Association November 2021 Hampstead, Pender County, North Carolina 10 ROY COOPER Governor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Director Avila Yacht Basin Owners Association C/o Cameron Calhoun 1144 Avila Avenue Hampstead, NC 28443 Dear Mr. Calhoun: NORTH CAROLINA EnAronmentW Qll(tlfty May 27, 2022 The Division of Coastal Management hereby acknowledges that on May 25, 2022, we received your completed application, acting on behalf of the Avila Yacht Basin Owners Association, whereby you are requesting State approval for the development of property located at 986 Avila Avenue, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. The projected deadline for malting a decision on your permit application is August 8, 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 May 25, 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. erely, son Dail Field Representative Cc: Davey Res. Group, Attn: Andy Dortch - 3805 Wrightsville Ave, Wilmington, NC 28403 D �FQ:�� North Carolina Department of Environmental Quality l Division of Coastal Management Wilmington Office � 127 Cardinal Drive Extension I Wilmington, North Carolina 2&405 4) NORTH CAROLINA &?Oronmenlal Oitahi- June 1, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: Avila Yacht Basin Owners Association Hello: Please publish the attached Notice in the Monday, Jane 6, 2022 issue. ROY COOPER Governor ELIZABETH S. RISER Secretary• BRAXTON DAVIS Director, Division of Coastal 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 Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. Support & Customer Assistance cc: Cameron Luck - MHC WIRO file USAGE Sate of North Carolina I Environmental Quality I 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On May 27, 2022, Avila Yacht Basin Owners Association proposed to extend the existing facility approx. 60' waterward of the current location & install one (1) new 6' x 20' floating dock at 986 Avila Ave., adj. to the A-1 W 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 27, 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 APPLICATI N Name of Property Owner Requesting Permit: Avila Yacht Basin Owners Assn Mailing Address: c/o Cameron Calhoun 1144 Avila Ave. Hampstead, NC 28443 Phone Number: 910-833-0011 Email Address: ccc@ccalhounco.com I certify that I have authorized Land Management Group Agent 1 contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: installation of fixed pier with floating dock and boatlifts at my property located at end of Avila Ave, AIWW, Hampstead in Pender County. I furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Penn t Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. runt or 1 ve Name 'fESi cc- A)��4 Title is 12,02-4 Date This certification is valid through 12 131 12022 Scanned with CamScanner U1� DAVEY#n Resource Group April 24, 2022 COUNTRY CLUB ROAD ASSEMBLAGE LLC C/O G F MANAGEMENT CO, LLC 4721 EMPEROR BOULEVARD STE #300 DURHAM, NC 27703 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch@dayey.com Sincerely, Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY#:, Resource Group April 24, 2022 COUNTRY CLUB ROAD ASSEMBLAGE LLC 996 VELINZA PLANTATION ROAD HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a LAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at Wiiliam.dortch!2davey.com Sincerely, Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com * Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 rVl►`�]l �}a 4X DAVEYIn Resource Group April 24, 2022 PEENS, WENDY S 456 EAST CREEKVIEW DRIVE HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch dave .com Sincerely, Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com . Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY#. Resource Group April 24, 2022 PEENS, WENDY S 118 INLET COURT HAMPSTEAD, NC 28443 To Whom It May Concern: Avila Yacht Basin Owners Association is applying for a CAMA Major Permit for development activity on the property located at the end of Avila Avenue, Hampstead, Pender County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Jason Dail North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at William.dortch davg .com Sincerely, t Andy Dortch, Agent Davey Resource Group, Inc. Enclosures www.davey.com - Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ,�UQ,e7� \vti USPS Tracking' FAQs > Track Another Package + Tracking Number; 70202450000152241281 Remove x Your item was delivered to an individual at the address at 12:18 pm on April 27, 2022 in DURHAM, NC 27703. USPS Tracking Plus® Available u OV Delivered, Left with Individual April 27, 2022 at 12:18 pm DURHAM, NG 27703 Get Updates v Text & Email Updates Tracking History USPS Tracking Plus@ Product Information See Less /\ v u u USPS Tracking® FAQs > Track Another Package + Tracking Number: 70202450000152241250 Remove x Your item was delivered to an individual at the address at 2:21 pm on April 27, 2022 in HAMPSTEAD, NC 28443. USPS Tracking Pluse Available V O/ Delivered, Left with Individual Cr April 27, 2022 at 2:21 pm HAMPSTEAD, NC 28443 'V Get Updates V Text & Email Updates Tracking History USPS Tracking Plus® Product Information See Less ^ V V V V FILED Ob NOV - 7 PM 4: 21 *�j o3 -ya--3 9so - `,9f�N. SWICEOOOD ,�4ota3 - 8i- C�o51 0n4ISTER OF DEEDS MN # cF�o3 ^ g¢_ 3(,15� ��Q �ENDE COUNTY, NC �; o —.v, a6 I _aSog J � 1-4 - Ni NORTH CAROLINA NON WARRANTY DEED Parcel 8K3090PG 189 I d Verified vt ieegood Pegi of Deeds Jr. NC This instrument was prepared by: Robert C. Kenan, Jr.; MOORE & KENAN Attorneys at Law; P.O. Bux 957; Burgaw, NC 28425 Briefdescription for the Index: THIS DEED made this 27th day of October, 2006, by and between JEFFREY C. APPLEWHITE and wife, AVILA YACHT BASIN OWNERS JANE T. APPLEWHITE ASSOCIATION, INC., a North Carolina non-profit corporation Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. 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 Topsail Township, Ponder County, North Carolina and more particularly described as follows: BEGING THOSE TRACTS OF REAL PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATRED HEREIN NC Bar Association Form No. 6 © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 - Chicago Title Insurance Company TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenON 3 0 9 PGbel190 the Grantee in fee simple. The Grantor makes no warranty, express or implied as to the title to the property hereinabove described. written. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above (SEAL) JefirEy WApplewhfte oFacuu_ seat , ROBERT NDL PRUBUX t0M CAp MNAK j gtAR' EAL} PENDM oouxw .l ne T.�ppjwh�jt,��(' SFAL-STAMP state ofNorthCarolina — County of Pender I. R•ga=T C- . O-NAry la— Notary public of the County and State aforesaid, certify that JEFFREY C- APPLEWHITE personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or sea] this 2-7 day ofOctaber. 2006. My Commission Expires: -�' - T J.eroy SEAL -STAMP State of North Carolina — Countyof gender C Notary Public 1, _n- fS z&7 C- - Kyqw.,4.1 Notary Public ofthe County and State aforesaid, certify that JANE T. APPLEW141TE personally appeared before me this day and acknowledged the due execution ofthe foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 27 day of October, 2006. My Commission Expires: Fab? 6FFi[:7AL 6F4L ROBERT Q KENAN, iR. NDUM WB!]ClY0RT1-CcAmMA r'aat>Fst couNvr Notary Public NC Bar Association Form No. 6 © I977, 2002 Printed by Agreement with the NC Bar Association — 1981 - Chicago Title Insurance Company EK3090PG 191 Exhibit A Lying and being in Pender County, North Carolina and more Particularly described as follows: All of our right, title and interest in and to the pier, boat docks and the 0.50 Acres as each are shown on a map of survey entitled "Property survey for Homeowners Association AVILA YACHT BASIN" as prepared by Charles C. Moore, Jr., P,L.S. and recorded in Map Book 32 at Page 69 in the Office of the Pender County Register of Deeds, State of North Carolina, reference to which is hereby made for a more complete and accurate description. And also, All of our right, title and interest in and to the real property adjoining and lying on the southeast side of Lots 1 and 2 as shown on map recorded in Map Book 28 at Page 117, and extending from the southeastern lines of the said Lots 1 and 2 to the high water line of Topsail Sound. b `_.iYMi131YM'IY130J1[3,L[y{j;�,�,HY�yt, Fv I f ti 1:" U C d = z A: C, ka `F 5 i G y Q' z � a� will,s�i x�Y C pf is oIf gik t3 ez o o z cz o s e a�ry pp a 06 �Sz05w a¢az� s O ie �s I. -.r. CmC�osz3¢ T 4 I � I a a I -o n C7 0 la CL V !? I I CD a I I� . 3 03 I I I M I = I -a IV ,� I03 IV, EL S a j I (CD d I I I I I I I 1 I I o t} I I I I I a m i I I j I -u I _ O ,ZCi�O� 1 I I � ffl In �T I I x p.tibZ d I I- I z U 0 mip0 `I en i PV ! aj o?mm @ O � I I 0 O77 {p �o� I I D o N ,L? % I` i p Z I C Zw N O CB Q I I nCD pN O F—y'{lII I 3 II o A I�EI1� I I D i m CL b@ m-A Km cQCD •�� W mCL m DUI a W I I. I no I C I � I I m I , I • s� c3 r-�-�_ y o [Tj I I I• �� Q cu �w I I I i. ❑. 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Purpose................................................................................................................................................. 1 2, Site Description.....................................................................................................................................1 3. Methodology.........................................................................................................................................2 4. Results...................................................................................................................................................3 5. Conclusions........................................................................................................................................... 3 Submerged Aquatic Vegetation Survey —June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina 1. Purpose Land Management Group (LMG) was contracted by Cameron Calhoun of Avila Yacht Basin Owners Association to conduct a submerged aquatic vegetation (SAV) survey in proximity to 1144 Avila Avenue, in Pender County, NC. Proposed actions include the assessment of options to address the shoaling and shallow water depths under the existing docking facility's slips. This report provides a summary of the methods and findings of the SAV resource survey. Z. Site Description The property consists of two parcels and approximately 0.5 acres located along Avila Avenue adjacent to the Intracoastal Waterway in Pender County (Figure 1). The lots are Avila Yacht Basin Owners Association common areas containing shoreline frontage, a fixed pier, floating dock, and boatlifts. The northern boundary of the property is adjacent to a wooded and undeveloped parcel while the southern boundary is adjacent to coastal marsh and a residence. The shoreline abuts Topsail Sound / Atlantic Intracoastal Waterway and contains a mixture of uplands, 404 wetlands, and coastal marsh (Figure 2). The water quality classification along the shoreline is SA, HQW in the White Oak river basin. The waters are open to the harvest of shellfish for human consumption and a portion of the property frontage is mapped as Primary Nursery Area. .b.uis vs� s�q `G e AEG Am � . 4 9 Cb } al 9 3 $ C 41:4 TSSo � wF A Q � STUDYPREA �T 9r a o - Topsail B—h _ Y ~hJ �c 7 ~ Sc✓xv E-ri �EPE Gann. V Sya�, I.ja...aA, x+Ca P��T P tia[vn. E:n _v Wr, 1.'ET. EaviChhv .�m+y 14i9!. 611Ysw. Esrl IlliilvnG.'laC. �4 Cs�*GMttlaA xrbL�wa. s^e s•�6B Vv1t Gbmm-�rMy Figure 1. Site Location Map_ Submerged Aquatic Vegetation Survey — June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina Figure 2. View of the northern shoreline, looking northeast. Figure 3. View of the southern shoreline, looking southwest. 41. Figure 4. View of the southern shoreline, looking northwest. Figure 5. View of the shoreline, looking southeast. 3. Methodology The SAV survey was conducted on May 21, 2021 from approximately 9 am to 11 am. Low tide at Wrightsville Beach was 9:46 am. Air temperature was 74'F with sunny skies. Winds were east northeast at 11 mph. Water clarity was measured with a secchi disk and found to average 2.5 feet. Water salinity was measured at 26.6 ppt (26,600 ppm). Water depths throughout the study area ranged from 0 to -4' NLW. LMG's standard SAV survey protocol includes a systematic sampling of transects spaced evenly across the footprint of proposed dredging and adjacent waters. Transects are aligned approximately every 75' perpendicular to the shoreline, with sampling points located every 20 feet to 30 feet parallel to the shoreline along the transects until a limiting depth is reached. Due to the volume of SAV present and the limited sampling area, the entire study area was reviewed. Sampling was conducted on foot and the presence of SAV was first noted by sight where water clarity allowed. Individual sampling points were raked to a depth of approximately -6" below bottom using a clam rake. Any individuals or beds of SAV or SAV rhizomes were noted, GIPS -located, and identified to species. I Submerged Aquatic Vegetation Survey —June 2021 Avila Yacht Basin Owners Association Pender County, North Carolina 2 y 4. Results Bottom type within the survey area was characterized as a firm loamy sand bottom turning to soft silty mud and soft silty sand near the end of the docking facility approaching the Atlantic Intracoastal Waterway channel. SAV was visually observed throughout the northwest and central portions of the study area in the shallow waters (less than -2' NWL). The survey area was raked for the presence of SAV or SAV rhizomes and many were located. See Attachment A for details. On the southeast portion of the study area towards the Atlantic Intracoastal Waterway, no SAV was observed in the deeper waters (greater than -2' NLW). SAV identified as Eelgrass (Zostera marina) and Widgeon grass (Ruppia maritima) was visually observed throughout the study area adjacent to the shoreline, around the floating dock, and boatlifts as depicted in Attachment A. The presence of SAV was limited to a zone where water depths ranged between 0' NLW and -2' NLW and the substrate was a firm loamy fine grain sand. Density of the vegetation ranged from beds of SAV spaced less than 1 foot apart (dense coverage, to beds spaced between 3 and 5 feet apart (sparse coverage) (Attachment A). Eelgrass was the most abundant SAV species documented. No other SAV or SAV rhizomes were identified within the survey area. Figure 5. Zostera marina collected sample. 5. Conclusions Figure 7. Ruppia maritima collected sample. While Eelgrass (Zostera marina) and Widgeon grass (Ruppia maritima) can be found in waters as deep as 5 feet, the average water column depth is described in the NC Coastal Habitat Protection Plan (NC CHPP) to be 2.3 feet. Eelgrass is known to be the hardiest and resilient of the species, while Widgeon grass is known to prefer low velocity, low wave energy and more firm loamy sand habitats. The results of this report support these habitat characteristics with most SAV occurring at 0' to -2' NLW depths, and the most prevalent SAV identified as Eelgrass. Beyond -2' NLW softer silty mud substrate is likely the limiting factor prohibiting SAV occurrence along this portion of the study area. As evident from study results, the northwest portion of the study area has the most suitable substrate and water depths to support both Eelgrass and Widgeon grass. k�x Submerged Aquatic Vegetation Survey —June 2021�iti� Avila Yacht Basin Owners Association 1/ Pender County, North Carolina 3 `o Sz �p R a CC m 0} Z a M y W �+ U a Q r 0 0 _ C ry m a V :2 U S TiE 0 .. o c 0 '6 0 HLL M\ 0 N J [J Z z W II C'? U W nz. q�4 0. 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O O L +' 0 cn . 7 U CD O-0 U U O N coc-aE�:� i6 ,M Y 0 ��—, Q 0-0 N O o .— Q N ?1 N Q Q N F C: (D Q m G E O " � o .— > � DEE�c�a� CO qy N � --a O O O Q -FJ L rn U L a V U) _0 _C.m��Q F& Q1 CD CD v m rn O m N n Q E E N otl V V 0) m rn 0) rn M co M w N E rn v T 0) u; ti 0 0 M ED ti co a U 0 72 ro od r N 3 v CL (' EO rn N co Y Q 0 U N 0 0 QI L N N r' 1r it C7 O C Q� X O (1Ld) c N j N CL Z � � o 2 `o j cc o N C) Lo N It Dortch, Andy <william.dortch@davey.com> Avila Ave CAMA Major Application Snider, Holley <holley.snider@ncdenr.gov> Wed, Apr 27, 2022 at 12:06 PM To: "Dail, Jason" <jason.dail@ncdenr.gov>, "Dortch, Andy" <william.dortch@davey.com> Cc: Greg Finch <greg.finch@davey.com>, "Cameron C. Calhoun" <ccc@cccalhounco.com> In accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency". In accordance with 40 C.F.R Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a prefiling meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Please refer to the Federal Rule for more information. The DWR has been presented with and has been made aware of the project as of April 25, 2022. You may print and attached this email to your application to fulfill the pre -filing meeting requirement. The DWR has been presented with and has made aware of the project as of April 25, 2022. Your application can be accepted complete by the DWR after May 25, 2022. Feel free to call or email me if you have any questions. Sincerely, Holley Snider — Environmental Specialist it Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 E Q�5 O�A�fCliBf M i01N11Yvi9 SANY 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Dail, Jason <jason.dail@ncdenr.gov> Sent: Wednesday, April 27, 2022 11:23 AM To: Dortch, Andy <william.dortch@davey.com> Cc. Greg Finch <greg.finch@davey.com>; Cameron C. Calhoun <ccc@cccalhounco.com>; Snider, Holley <holley.snider@ncdenr. gov> Subject: RE: (External] Avila Ave CAMA Major Application :GAIVIA / DREDGE & FILL No. 74627 A B C GENERAL PERMIT Previous permit # r New Modification -Complete Reissue ---Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to ! 5A NCAC Rules attached. Applicant Name t:i.- f _ �N SS U L- Project Location: County Address,11 &4 4 N 11 U U (/ Street Address/State Road/ Lot #(s) City- i,"k=A�� State N ZIP . Y _—_..._ V 1 t i i 1 1! Phone # / f%-4` � - i•' b f t E-Mailogf e LSt6division Authorized Agent . 3Mt ON Ut1 (;U tj `' 1 f-X r4T Ciry.._ 4; � 16_ /t o ZIP ZCWY 11 Affected Cw �9M ePTA r E5 ❑ PT5 Phone # ( ` __.. River Basin J. OEA HHF ❑ 11H ❑ URA ❑ N/A J ✓l v✓ AEC(s}: Adj. Wtr. Body .__ ii� /unitn) PWS: ORW: yes � PNA yes /=rio� Closest Maj. Wtr. Body •4! Type of Project/ Activity f h 11 f. I 1 r"V T2 > t 1 ! L --- thO , / td Pier (dock) length Fixed Plarform(s) i Floating PlatForm(s) e / Finger pier(s) iy _ Groin length _ r number { Bulkhead/ Riprap length -- ti _.-- avg distance offshore ! } max distance offshore Basin, channel cubic yard Boat ramp Boathous oatlI Lz t.17—1- *- -- Beach Bulfdozin- 8- _ Other ii i Shoreline Length SAV: not sure yes a� i Moratorium: n1a yes Photos: yes no Waiver Attached: yes �19' A building permit may be required by: `7� t.) I e '/_0 ( Note Local Planning Jurisdiction) Notes/ Special Conditions {G" ar Ap 'li t nt Nance re V-2- PI reed compliance statement on back of permit Application Fee(s) k # �-1 r 1?�vf171" (Scale: i T f 4 I rIr 1 v I i i . p _ CI See note on back regarding River Basin rules. , �7� 1)kt - I— , V - - I - f e f oicer's Printed e /q� 1/ Si ure Issuing Date Expiration Date Permit Class Permit Number NEW STATE OF NORTH CAROLINA 30-98 Department of Environment and Natural Resources and Coastal Resources Commission ,permit 5 for MAR 11 1998 L) X Major Development in an Area of Environmental Concern D I V l S I O N O F pursuant toNCGS 113A-118 COASTAL MA14AGF-MENT Excavation and/or filling pursuant to NCGS 113-229 Issued to Avila Subdivision, c/o Norma Grabenstein, 507 Biseavne Dr., Wilmington, NC 28405 authorizing 1W�� development in Pender County at A , off of Country Club Road, near Hampstead ,as requested in the pennittee's application dated 6/19/97 including attached workplan drawings labeled "Addendum Sheets 1-10" all dated received 8/1 I/97. This permit, issued on 3 -- -,-- 9 !�? , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes a maximum of ten boat slips. Utilization of the docking facility by more than ten boats will require a closure of open shellfish waters, which would be a violation of T15A:07H.0208(b)(5)(E) of the rules of the Coastal Resources Commission. NOTE: Any future proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina under the rules of the Coastal Resources Commission, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). 2) To ensure that no more than ten boats utilize the authorized dockinZD g facility, the outermost floating dock waterward of the gazebo, as indicated on attached addendum sheets 6 and 7, must be removed prior to any additional construction activities. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance worst or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 37 2001 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. - Roger N. cbecter, Director Division of Coastal. Management This permit and its conditions are hereby accepted. Signature of Permittee Avila Subdivision Permit #30-98 Page 2 of 4 ADDITIONAL CONDITIONS 3) No boats may dock, even temporarily, on the back or landward side of the docking facility. 4) The docking facility will display a sign showing the location of the nearest pumpout facility, including other appropriate waste disposal information, at the entrance to the main piers. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the clocking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 7) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 9) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 11) For all new or replacement floating facilities, floatation units shall be constructed of materials which will not become waterlogged or sink when punctured. 12) The authorized project is located within a primary nursery area(PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Avila Subdivision ADDITIONAL CONDITIONS Shoreline Stabilization 13) The bulkhead alignment will be located landward of all wetlands. Permit #30-98 Page 3 of 4 14) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 15) The bulkhead must be constructed prior to any backfilling activities. 16) The bulkhead must be structurally tight so as to prevent seepage of backfiIl materials through the structure. 17) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 18) The back fill material will be clean and free of any pollutants except in trace quantities. Stormwater Management 19) The Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission on 2/11/98 (Permit No. SW8 970636). Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. Sedimentation and Erosion Control 7-0) In viaui: t© piutu-L water quality, runoff from uunstruGLiuu mu3L n0L Vl3ilily lnLiLd3G Ulu Amount of suspended sediments in adjacent waters. 21) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Avila Subdivision ADDITIONAL CONDITIONS Permit #30-98 Page 4 of 4 22) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. General 23) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters. 24) The permittee is required to maintain a valid Pender County Special Use Permit during all phases and stages of project construction. NOTE: This permit does not eliminate the need to obtain any additional permits, approvals or authorizations that may be required. NOTE: The permittee is strongly encouraged to provide proper trash receptacles for all common areas, including the community docking facility. NOTE: The permittee is encouraged to contact the Public Health Pest Management Section at (919) 733-6407 to discuss mosquito control measures. NOTE: The N.C. Division of Water quality has assigned the proposed project DWQ Project No. 970910. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 1996800094. Recommendations for State Permit - A171LA SUBDWISIO'N' C01\BTLJ-N1TY DOCK The Wilmington Office, Division of Coastal Management, recommends that the permit be granted if the following conditions can be met. If the permit is granted, please include the wording at the beginning of the permit stating what is being permitted: This permit authorizes conversion of a private dock to a conununity dock With a maximum of 10 boats moored at any one time. Addition of an open boat house, additional floating docks with mooring pilings, and a bulkhead /retaining wall is authorized as show in the application. Prior to the permit being granted, the applicant must secure a Special Use Permit from Pender County. A copy of the Permit must be- submitted to the Division for their review. *** If the Shellfish Sanitation Branch offers concerns about the size and type of boats, it would be appropriate to Iitnit the boat size to 24' with no heads. Proposed conditions would be modified accordingly. The following conditions apply: 1. The bulkhead alignment will be landward of the federal wetland line. No fill material will be placed. or allowed to wash into any wetlands, federal or coastal. 2_ A registered surveyor should stake or delineate the federal wetland line prior to commencement of the bulkhead construction. 3. The bulkhead must be constructed prior to any further land disturbance along the edge of wetlands. 4. The bulkhead must be structurally tight so as to prevent seepage of baclfill nraaterialS through the structure. 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No disturbance, fill, or excavation is authorized within wetlands in conjunction with the bulkhead construction. 5. The fill material for the bulkhead will be clean and free of any pollutants. Metal products, organic rnateria or unsightly debris will not be used. 7. All back-M material will be obtained from a high ground source and confined behind the permitted bulkhead. 8. This permit authorizes only the docks, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether, floating or stationary, may become a permanent part of this docking facility without pernut modification. No non -water de vndent uses of structures may be conducted on. in_ or over public trust eaters without permit modification 9. All structures shall have a minimum setback distance of 15' between any parts of the structure the adjacent riparian corridor lines. ,t� Avila Subdivision Community Dock Conditions Continued 10. The dockinj facility will display a sign on the pier showing the location of the nearest pumpout facility including other appropriate waste disposal information. I1. No sewage, whether treated or untreated, shah be discharged at any time from boats using tile docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 12. No attempt will be made by the permittee to prevent the full and free use by the public .of all navigable waters at or adjacent to the authorized work. 13. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 14. The perrnittee must install and maintain, at her expense, any signal lights prescribed by the U. S. Coast Guard, through regulations or otherwise. 15. This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16. Pier/dock/boathouse alignment must meet Corps of Engineers guidelines. 17. The boathouse shall have open sides with no enclosed areas. 19. The boathouse square footage shall not exceed 500 square feet nor house more than one (1) boat. 19_ The existing 4' x 20' outer floating dock must be removed from the water prior to any new construction commencing. 20. AlI development shall be in accordance with Ponder County ordinances and regulations. A building permit may be, required. 21. Dredging is not authorized in any fashion- including but not limited to bucket/barge, hydraulic, or boat propeller. 22. For all new or replace;vent floating facilities, floatation units shall be constructed of material which will not become waterlogged or sink when punctured. 23. Live -aboard boats are strictly prohibited. NOTE: Any proposal for mooring in excess of 10 boats will require that the docking facility be Classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act, NOTE: Permanent reflectors should be attached to the structures in order to make them more visible during hours of darkness or inclement weather. yY 10 _J Applicant are Address _ City — CAMA AND DREDGE AND FILL No GENERAL - PERMIT Type of Project Activity as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and t e a stalEes uC�rces Commission in an area of environmental coneer pursuant to 15A NCAC coulJan , ' � Phone Number_ �—U State Zip. aZ-t(o 5 fn • 11. TT State Road, Water Body, ma, I, --- PROJECT DESCRIPTION SKETChtf-,.,. TTQf 4'�' =k) length Groin length number l Bulkhead length V : F max. distance offshore - —�- -- Sarin, channel dimensions F cubic yards i Boat ramp dimensions' --- Other Zn ,, r Z01 -- a2©` This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with The local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to time proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Manaeement Pro2ram. t ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 1, 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: Aviia Yacht Basin Owners Association Project Location: 986 Avila Ave., adj. to AIWW in Hampstead, Pender County Proposed Project: The applicant proposes to extend the existing facility approx. 60' waterward of its current location and install a new 6' x 20' floating dock. 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 27, 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. PRINT NAME AGENCY SIGNATURE 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. 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 �l J� t- + -AVE • LJ✓n444, /VO 1 Project Name: County: Check No & Amount'. ` , DCM % DWQ % :Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: mercial development that rnote the filling or excavation $400 100% ($400) 0% ($0) ds or open water areas: III. Fordevelopment that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,8, C, or D below applies: ivate, non-commercial°0°/or$0t, if General Water Quality $250 100 %($250) `) No_ 4175 can be applied:or F commercial development,ater ($400)0% ($0} Quality Certification $400100% 175 can be applied: lil(C). If General Water Quality Certification No. 4175 could but DCM staff determin at additional $400 60% ($240) 40% ($160) review and written DW concurrence is needed t)ecause of con related to water quality or aquatic life: III(D). If General Water Quality 0 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling 60% ($285) 40% ($190) and/or excavation of more than one acre $475 of wetlands and/or open water areas.