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HomeMy WebLinkAbout20140752 Ver 1_CAMA Permit Application_20140721A_ALTV4 � *-A 20 140 7 5 2 WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 18, 2014 Division of Coastal Management MEMORANDUM: TO. Karen Higgins 401 Oversight DEMLR - Surface Water Protection John E. Skvarla, III Secretary F 1_ k f c 1 2014 f j �t Wrt�. p �A_ ZUA— LfTY t FROM: Jonathan Howell, NC DENR -DCM Assistant Major Permits Coordinato 400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09) SUBJECT: CAMA Major Permit Application Review Applicant: Dan Smith dba JAM Properties Project Location: 2309 Middle Sound Loop Rd., adjacent to the AIWW, in Wilmington, New Hanover County Proposed Project: Expansion of an existing docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by August 13, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910)796 -7270 when appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910 -796 -72151 FAX: 910 - 395 -3964 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer s�, onto! DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME- Dan Smith dba JAM Properties ,2. LOCATION OF PROJECT SITE. 2309 Middle Sound Loop Road adjacent to Middle Sound and the AIWW, near the City of Wilmington, New Hanover County. Photo Index - 2006: 22 -7427 J,K,L- 15 2000 22 -276 J,K,L -15 1995: 22 -258 J,K,L -6 State Plane Coordinates - X-,2368036 Y: 185565 ' GPS File: 0- 042310A Lat:34 °15'13.14 "N, Long_: 77 °46'55.63 "W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 07/15/14 Was Applicant Present — No 5-. PROCESSING PROCEDURE- Application Received — 07/15/14 Office - Wilmington 6 SITE DESCRIPTION- (A) Local Land Use Plan —City Of'Wilmington / New'Hanover,County '2006 Land Classification From LUP — Residential (B) AEC(s)Involved CW (shading),,EW, PTA (C) Water Dependent: Yes (D) Intended Use- Private (E) Wastewater Treatment: Existing — None Open Water Planned - None (F) Type of Structures: Existing— Pnvate�access pier with fixed platform, (C) Other Planned — Private 2 -slip docking facility (G) Estimated'Annual Rate of Erosion- N/A uplands IL Source — N/A 7. HABITAT DESCRIPTION [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal)' High Marsh, Low marsh (shading) 300 sq. ft (B) Non- Vegetated Wetlands 798,sq, fit Open Water incorporated (C) Other uplands IL (D) Total Area Disturbed! 1098 square feet ( >0.01 acres) (E) Primary Nursery Area: No (F) Water Classification. SA -ORW Open: Yes 8 PROJECT SUMMARY: The applicant proposes to expand the existing pier by constructing a fixed pier extension and installing a floating dock with.a boat lift on either side Dan,Smith Page Two 9. PROJECT DESCRIPTION The project site consists of a lot located at 2309 Middle Sound Loop Road-adjacent to Middle Sound, near the City of Wilmington, New Hanover County The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling north on Market Street to Middle Sound Loop Road and turn right. Proceed to the right at the travel circle onto Middle Sound Loop Road and travel-east approximately 2.8, miles The project site will be located on the right side of the road adjacent to Middle Sound. The project site, is a vacant lot that.measures approximately 115 feet in width by approximately 235 feet in depth The elevation of the high ground area of the lot averages approximately 15 feet above normal high water (NHW) High,ground vegetation on the project site consists of few grasses, native shrubs and trees. The shoreline of the property is natural and slopes,from the high ground to -a transitional area of wetlands The wetlands consist of some cattail (Typha spp.) along the shoreline intermixed with Smooth Cord Grass (Spartina alternaflora) water ward of the normal high water level (NHW). The'Smooth Cord Grass, on average, is approximately 75 feet in width adjacent to the shoreline and a tidal,flat extends beyond the edge of vegetation This tidal flat extends for approximately 100 feet beyond the grass to a small slough (approximately 6 feet in width) that,runs parallel to the shoreline Approximately 250 feet - outboard of the natural slough-there,is additional Smooth Cord Grass present, measuring approximately 50 feet in width In total, the coastal wetlands and tidal flat measure approximately 475 feet in width from the edge of'the high ground to the water ward edge of the coastal wetlands near the AIWW. The AIWW is approximately 57,5 feet in width ;in this location. Existing man -made features on the project site consist of two (2) small out buildings and a fixed pier with platform currently under construction The access pier with a 16 feet wide by 16 feet long L -head platform was authorized by CAMA General Permit #63245D which is due to expire on September 5, 2014. The authorized pier has been constructed with an elevated span over the natural slough The span will have a minimum of Veet of clearance above NHW CAMA General Permit #63245D does not authorize any formalized boat slips`and terminates within the tidal flat Additionally, a bulkhead along the shoreline was authorized by,CAMA General Permit ` #,63962D Bulkhead construction `has not begun and the permit is due to expire on October 25, 2014 The adjacent properties,to the north and south are both residential home sites. The property to the north has a man -made boat basin with docking facility The property to the °south does not currently have a docking facility The City of Wilmington /New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There,are four (4) known archaeological sites within approximately 0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and Nh284) The waters of "the AIWW are classified SA -ORW by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish PROPOSED PROJECT. The, a pplica'nt,proposes to expand the existing pier by constructing <a fixed pier extension and installing an floating dock with a boat lift on either side. As proposed, the applicant would construct a fixed pier extension measuring approximately 6 feet in width by 135 feet in length from the terminal end of the pier currently under construction. The fixed pier extension would be connected via,access ramp to a proposed floating dock, measuring approximately 8 feet in width by 20 feet in length. Two (2) 13 feet wide by 13 feet long boathfts are proposed one on each side of the proposed floating dock. The applicant states that water depths in the location of the proposed pier are approximately -3 -5 feet at Normal Low Water (NLW) The proposed floating dock and boat lifts appear to be located >75 feet from the federal channel setback in this area of the AIWW. As proposed, the floating dock would provide mooring for two (2) vessels. As proposed the docking facility would have a total length of approximately 535 feet and would extend approximately 100 feet into the open water body. The proposed pier extensionand docking facilitywould conform to the quarter width limitation and would maintain the 15 foot riparian corridor setback from both the adjacent properties. Dan Smith Page Three 10 ANTICIPATED IMPACTS As proposed the docking facility would result in the incorporation of approximately 798 square feet,of Estuarine Waters AEC and would result in the shading of approximately 300 square feet of'Coastal Wetlands. As proposed the docking facility would provide mooring for two (2) vessels within waters approximately -3 5 feet in depth at normal low water Minor°increases in turbidity should be expected during construction. The proposed docking facility would not encroach into either adjacent riparian property owner setbacks. As proposed, it appears the docking faality,would not exceed the quarter width of the water body limitation nor encroach into the federal channel setback. Submitted by: Holley'Snider Date: July 17, 2014 Office Wilmington Narrative Daniel Smith 2309 Middle Sound loop -road Wilmington NC 28411 Agent: Mark clements 112 Circle drive Hampstead NC 28443 910 - 620 -9505 Project: Request for dock extension. We are proposing to extend our current dock by 135' into the AICW. We also would like to propose to install an 8'x20' floating dock and two boat lifts in this area. Currently our dock is limited to canoe travel only and we wish to be able to have a place to keep our new boats at this time. We will follow all CAMA set back rules, and hope that you will grant us permission to proceed with this construction. Our current dock is 400' long and we have been told thru the Wilmington DENR that a major permit has`to be applied for,to get us out to the area that will best suit, our needs. Thank you for your help and' understanding is this project. Please feel free to contact me with any concerns you may have in this matter. Best Regards, a RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 NO NIM (Bast revised 12127/06) �I� s;� �.s ,�� 6? �' _ J North Carolina DIVISION OF COASTAL MANAGEMENT 9. 'Primary Applicant /'Landownerinform -ation Business Name Prolect'Name (d applicable) Clements Marine Construction'Inc, nLast Name Applicant 1 First Name MI smith Mark Dan Clements Agent/, Contractor 2 First Name MI Applicant 2 First Name MI Last Name PO Box If addrtionatapphcants, please attach -an addr6onahpage(s) with names listed 'State Mailing Address PO Box City State 1255 great oak dnve ZIP Wilmington nc ZIP Country Phone No 910= 620-9110 FAX No. 28405 new hanover 910 - 200 - 3454 ext - - 'Street Address (if different from�above) City State ZIP 2309 middle sound loop road Wilmington NC 28411 - Email clementsmanneco @bellsouth.net dan@shp2.com — 2. Agent/Contractor lnfor►nation . Business Name Clements Marine Construction'Inc, Agent/, Contractor 1 First;Name MI Last,Name Mark H Clements Agent/, Contractor 2 First Name MI Last Name Mailing Address PO Box City 'State 112 Circle Dnve Hampstead NC ZIP Phone No 1 Phone,No 2 28443 910= 620-9110 ext 910-270 - 9110 ext FAX,No Contractor # same Street Address (rf different from above) City State, ZIP Email clementsmanneco @bellsouth.net — - u n s.. ur,e tl.s DCM WILMINGTON, NC <Form continues on back> .111N 25 2014 ;, I 88.3- 2-RCOA. T huff-,j- CZ ':— t :aE1Y;a:3.'L9��;_a�'nt." -=' Form DCM MP -1 (Page 3 of 5) �clV .�,j I APPLICATION for Major Development Permit r 3. Project Location County (can'be multiple) Street Address State Rd # new hanover 2309 middle sound loop road US HWY 17 Subdivision Name City State Zip middle sound wilmington NC 28411 - Phone No 1No (s) (6 many, attach, additional page with list) 9-10 -+620 —9505 ext a In which, NC river'bas+n is,the project,located? JNa_ me o f body of water nearest to proposed project CRQ� �'ealr AICW 1 fdJle- ^4�I,G� c Is the water body ldentrfied in,(b) above, natural or manmade? ✓G d Name the, closest. major water body to the'proposed project site ®Natural ❑Manmade ❑Unknown AICW e Is,proposed work within city limits or planning jurisdiction? f If applicable, list the planning jurisdiction or city lima the proposed ®Yes ❑No work falls within new hanover co $Ite®eSCrlpt6on otal,length of shoreline on the tract (ft j F b Size of entire tract (sq It 15' 27025 sq ft c Size of individual lot(s) d- Approximate elevation of tract above NHW (normal high water) or 115'x235', I I NWL (normal water, level) (If many lot sizes, please attach,addihonal,page with a *st) 15' ®NHW or ❑NWL e Vegetation on tract lawn grass some oak trees f Man -made features and uses now on tract private home and pier g Identdy.and descnbe,the,exlsting land uses adiacent to the proposed, project, site private residential homes h How does local government zone the tract? i Is the proposed project consistent with the applicable zoning? r -20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I 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? I Is thelproposed projectlocated m a National Registered Hlstonc'bistrict or does it involve a [],Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED DCM WILMINGTON, NC JUL 0 8 2014 "10:.'aE ,; ��.� -- SJU "7' s��'.; 03 Jg: YS ��ar'. Z-1 U V1 q eriy4 C. 471, hs, , Form DCM MP -1 (Page 4 of 5) c,J 7 t APPLICATION for Major Development Permit m (i) Are there wetlands,on the site? uw- Des ®No (n) Are there coastal wetlands on,the site? ❑Yes ®No (u4 If yes to either (i) or (u) above, has a delineahonibeen conducted? ❑Yes ®No (Attach documentation, if available) n Describe existing wastewater treatment facilities county o Describe existing drinking water supply source county p Describe existing storm`wate_r management,or treatment systems Irr 5. Activities and impacts a Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private /Community b Give,a brief descriptiomof purpose, use, and daily, operations of the project when complete To add to the current dock for boating access and will be used for private docking c Describe the proposed, constiuction,methodology, types of construction equipment to be.used during construction, the number ofeach type of equipment and where it is't&be stored The current dock has no access to the icw and is limited to, small boat,access,at,hightide. we wish to exstend the.current dock to the,icw for better boating access for this dock no equipment Is stored on site, a barge is required'for installing, pilings and hand tools will be used to3complete the app_ lication d List all development activities you, -propose To Install 13S x 6' wide pier and install an 8'x20' floating dock with a boat lift on each side. Also a 3'x16' gangway is required to access.the floating dock. .e Are the proposed activities, maintenance of an existing project, new work, or both? both f What is,the approximate, total disturbed land area,resultmg,from the proposed, project? VSq Ft or ®Acres g Will'the proposed prolect,encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established.use,of? h Describe location and type of existing and proposed discharges to waters of the�state surface runoff i Will wastewater or stormwater'be,dischargedinto a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as, the, receiving water? ❑Yes ❑No ❑NA I Is4here any mitigation proposed? []Yes- ❑No TINA If yes, attach a,m+tlgation proposal <Form continues on back> OCNI WILM INJGTON, NC a`. 0 .- ,..� �� U . ?' °, ;,�'7,��' `;�' L`:'1 %� ,fi,rr'= ,�1,'„.�,G�v„ �':i'1oi.:,0",`.:?'_,..�- Form DCM MP -1 (Page 5 of 5) APPLICATION for Major Development Permit ,6.. Additional In%rMadoh 1h addition to this coinpleted,apphcation form, (MP -1) the followirg,dern9 below,, if apphcable, must be submitted'm order, for the application package to be complete..lterris'(a),— (t) are'always apphcable `to any major development apphcatoh' - Please,00nsult'the apbfi6tron instruction, booklet on how to property 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)Wthe site d A copy of the deed (with state application only) or other instrument under which,the appircant claims title to'the affeded,properbes 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 mad Such, landowners, must` be advised that,they have 30 days n which to submit comments on the proposed project to the Division of Coastal Management Name'Elizabe'WCameron Phone•No Address +'3206 shdoh -rd Wiliard NC 2847,8 - Name ERY Kehaya Phone,No Address 2307 Middle soundloop rd Wilmington= 28411 Name V Phone _No Address g A list of previous state or federal peffnds,issued,for work on the project tract. Include permit numbers, permittee, and issuing dates gp,63245 P CP (c3gG2® h Signed consultant or agent authorization form, if applicable i Wetland delineation, rf 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), d necessary If the project,rnvolves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 7-. Certification ;arid Perrnissiori to=Eriter on,L -and ;,_. I understand that any permit'issued in response to this.applicaborrwdl allow only the development described in the application The project will be subject to the conddions and restrictions containediin theipermit. 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 permd` application and follow -up monitoring of the,project. I further certify that the.informabon provided in this application is truthful the best of my knowledge Date 6/212014 Print Name Mark Clements 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 RECEIVED DCM WILMINGTON, NC N 2 5 2014 232-8G8 -28018 .- I 8 38$ 4PCOAST „ vViNIAI.nc: cEE sfal- ar_acj e ment.ria, .- ,:, ilri i7 4Il,l rive (' •'j' (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP -1. Be sureto complete all other sections of the Joint Application-that relate to this proposed project Please include all supplemental-information 11. DOCIQNG FACIL,ITY1MARINA CHARACTERISTICS a (i) Is the,docking facility /marina: ❑Commercial ❑Publir/Govemment ®Private /Community p TNis,sec6w not applicable b (i) Will the facility be open to the general public? ❑Yes ®No c (i) Dock(s) and /or pier(s) d �(i),ArwFinger Piers included? []Yes, ®No (ii) Number 1 If yes (iii) Length 135' (ii)�Number (iv) Width 6" (ni) Length (v) Floating ❑Yes ®No (iv) Width (v) Floating ❑Yes ®No e (i) Are Platforms,included? ®Yes ❑No f (i) Are Boatlrfts included? ®Yes ❑No If yes If yes- (ii) Number 1 (ii) Number 2 (6) Length 20' (in) Length 13 (iv) Width 8' (iv) Width 13 (v),Floating ®Yes ❑No Note Roofed areas are calculated from dnpbne d1mensions g (i),Number of slips,proposed h Check ail the types of services to be provided 2 ❑ Full service, including travel Irft and%or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips ") only, number of slips ❑ ^Dry,storage,; number, o'boats ,❑,iSoat,ramp(s), number of boat.ramps ❑ Other, please describe i Check the proposed type of,sding ❑ Land cut and access channel ❑Open water, dredging for basin and /or channel ®Open waterno dredging required ❑Other, please describe k Typical boat length 25' m (i) Will the facility fhave,tie,pilings? ❑Yes ®No �(ii) If yes number of tie pilings? I. Describe the�typical boats to,be served (e.g , open runabout, charter boats, saif boats, mixed types). mixed I (i) Will the facility be open to,the,general public? ❑Yes ®No RECEAVED ACM WILMINGTON, NC JUN 2 5 2014, !1:J2_80? -2_8f T ,.3 F1- ,- S'-`R(;0A°u'T revised. 'te2127,0Z 2: DOCKING FACIL:ITYIMARINA, OPERATIONS ®,This section not apbhcable a Check,each of the followingssanrtary`facildies that will;be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons, Number , Location ❑ Showers ❑ Boatholding tank pumpout, Give type'and location b Describe treatment type and disposal locabon,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 (u) Give'the location and number of ° Pumpout Available* signs proposed f. Describe the special design, if applicable, for containing industnal,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 fatalities, and describe the safety measures planned to protect area water quality I What will be the marina policy on overnight and live-aboard dockage k Describe design measures that promote boat,basin flushing? I If this protect is an expansion of an wasting manna, what types of services are currently provided? m Is the manna/docking facility proposed within,a primary or secondary nursery area? []Yes ❑No RECEIVED DCM WILMINGTON, NC JUN 25 2014 252-808-2B08 -. 9- 8SE -4;dCO ST :. vast_v_vzJ,r -:.r_, stale nnagefaleat_,-tel rev -­.a� 12f,2J,,106 -X -, Pvrrni n Is the marina/docking facility proposed within or adlacent4o any shellfish harvesting area? ❑Yes ❑No 0 Is the mannalaOCKing racnay proposes wanm or aajacenk to eoa5karwevanu5imar5n tk,VV), suumciycU at{uauc Vayvfauvnek'-'nV►, a11c11YYV41V111 (SB), oruother wetlands (WL)? If any boxes are checked, provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ❑None p Is the proposed manna/docking facility located within or withimclose 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 (iricludrngcoiWed lilts)_ ®'Thls'sectfon not apph ablel a (i) Is'the'boathouse structure(s) ❑Commercial ❑Public/Government ❑Pnvate/Community (u) Number (m) Length (iv) Width Note. Roofed,areas,arwcalculated from dnpline dimensions. 4. ,GROIN (e-,g., wood, sheetplie, etc-if a rock groin, use,,MP -2,• Excavation and Fill) ®This - section not applicable a (i) Number (n) Length (w)Width '5.-BREA_KWATER (e g, wood, sheetpde, etc), nlbs�secbomnotapphcable a Length b Average distance from NHW, NWL, or wetlands c Maximum,distance beyond NHW, NWL or wetlands 6, fl�0ORING PILINGS`and BUOYS, ®This,, section. not'appl►cable• t a Is the structure(s) `b Number ❑Commercial ❑PublictGovemment ❑Private /Community c Distance to be placed beyond shoreline d Description of buoy (color,, inscription, size, anchor, etc) Note This should be measured from marsh edge, if present e Ard of the,swing T GENERAL RECEIVED DCNI WILMINGTON, NC JUN 2 5 2014 25 ; --8 3 -2805 :. 1,888 dRCCAST 1. yv4arv;_ncc s?a_*n�a � are #.nom: revise-+: -12, 271r.6 F -`.)$';f # DC PV! TWP =4 IStr'i8ctu -ss, Page A of 411 a Proximity of structure(s);to ^adjacent riparian property1ines over 200' each direction Note For buoy or mooring piling, use arc of swing including length of vessel. c Width of water, body 572 62' e (i) Will navigational aids be required as a result of the project ❑Yes ®No ❑NA (u) If yes, explain what type and how they will be implemented lb Proximity of'structure(s) to;adjacenbdocking facilities over,200' each side d Water depth at waterward, end of structure at NLW or NWL 3.5' nlw 8: OTHER '❑Th4ti gdtion.not,,aAblrcable, a Give complete description. To exstend current dock out 135' and install an 8x20 floating dock Also install twoboat lifts, one on each side of the floating dock 6/2/2014 Date Dan,Smrth - Project Name _ mask clements Applicant Name - ApplicanttSigna RECEIVED DCM WILMINGTON, NC JUN 2 5 2014 2 > > °2- t�s�•2 €tip ;: t 8i3 - *� 91�5�' : �s din_ scca sd�sitnae *�g�m ?.ales rev sees 12/27 06 0 0 . el I A 4 0� zo DCM WILMINGTON, NC JUL 0 8 1014 'era �e RECEIVED DGM WILMINGTON, NC JUN 252014