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HomeMy WebLinkAbout20221204 Ver 1_CAMA Application_20220829DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION I. APPLICANT'S NAME: OTH Realty, LLC. c/o Davey Resource Group 2. LOCATION OF PROJECT SITE: 1701 and 1709 N Jel Wade Drive., adjacent to the Northeast Cape Fear River, in Wilmington, in New Hanover County. Latitude: 34°15'16.82" N Longitude: 77°56'50.94" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —8/3/2022 Was Applicant Present — Yes (agent) 5. PROCESSING PROCEDURE: Application Received — 7/12/2022 Complete Date — 8/16/2022 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover Co. Land Classification From LUP — Conservation/Developed (B) AEC(s) Involved: EW, PTA, CW, ES (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Full -service marina and repair facility, travel lift, gravel parking Planned — Forklift drop platform, two floating docks, and four dry stack racks (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION : [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 16 sq. ft. (shading) (B) Non -Vegetated Wetlands (Open water) —1,340 sq. ft. (incorporated) (C) Other (highground) —10,081 sq. ft. (H) (I) (J) Total Area Disturbed: —11,437 sq. ft. (-0.26 acres) Primary Nursery Area: Yes Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to install two floating docks, a forklift drop platform, and four (4) dry stack racks for vessels at an existing 52-slip commercial marina for a total of 56 formalized wet slips and 96 dry slips. OTH Realty, LLC., Page 2 9. PROJECT DESCRIPTION: The project site is the existing an existing 52-slip commercial marina facility, located adjacent to the NECFR, at 1701 and 1709 North Jel Wade Drive, in Wilmington, NC, in New Hanover County. The project site consists of two parcels: R04805-001-003-000 and R04805-001-002-000 for a total of approximately 13 acres. The existing man-made highground features include a boatyard and haul out services, and maintenances buildings, office building, mechanical building and shed, and gravel/concrete parking lot. The highground also features several concrete retaining walls, located along the vegetated hillside, and some remnant building foundations are present. The project site has approximately 2,330 linear feet of shoreline frontage along the NECFR. Water dependent structures on the property include a travel lift pit with piers and floating docks. The shoreline is natural with a steep slope extending from a concrete abutment on the high ground down to the river's edge. The Bennett Brothers Yachts received CAMA Major Permit #90-97 on July 2, 1997, which authorized the development of the marina with an 80-slip docking facility and associated upland structures. The permit was modified to include changes to the slip lay -out and has been renewed multiple times. Dredging within the travel lift pit was approved by Coastal Resources Commission (CRC) Variance on March 19, 2007. Dredging within the existing marina footprint was approved by CRC Variance on July 13, 2010. CAMA Major Permit #90-97 was transferred to OTH Realty, LLC. on June 20, 2022 and is due to expire on December 31, 2025. The marina is equipped with a vessel pump -out facility and designated as a Clean Marina through the NC Clean Marina Program. This area has been deemed as Urban Waterfront. DCM verified Normal High Water (NHW) and Coastal Wetland lines on 8/3/2022. There are Section 404 Wetlands located on the project site although no development or impacts are proposed within these wetlands at this time. Along the river's edge, there are coastal wetlands, predominantly vegetated with Smooth Cordgrass (Spartina alternjora), Giant Cordgrass (Spartina cynosoroides), and Scirpus spp.. The NECFR is approximately 700 feet wide in the immediate vicinity of the project site. Water depths in the area of the marina docking facility range from 0.0' at Normal Low Water (NLW) to approximately -3' along the landward side of the floating docks however Major Permit #90-97 authorizes the dredging of up to -4.5' Mean Low Water (MLW) at the landward edge of the floating docks by CRC Variance. The waterward edge of the existing floating finger piers have water depths of approximately -25.0' at NLW. It appears that the existing floating finger piers encroach up to approximately 30' into the US Army Corps of Engineers (USACE) channel setback. The NECFR waters in the proposed project area are classified as "SC", by the NC Division of Water Quality. At the project site, the NECFR is a designated Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking of shellfish. The high ground portion of the project is classified as "Developed" by the Wilmington -New Hanover Land Use Plan. 10. PROPOSED PROJECT: The applicant proposes to install two floating docks, a forklift drop platform, and four (4) dry stack racks for vessels at an existing 52-slip commercial marina for a total of 56 formalized wet slips and 96 dry slips. The applicant proposes to install a 67' long by 14.75' wide fixed, concrete forklift drop platform. The proposed platform would tie into the existing concrete abutment and extend approximately 20' into the NECFR. The platform would extend over approximately 400 sq. ft. of highground, approximately 18 sq. ft. of coastal wetlands, and approximately 72 sq. ft. of 404-type wetlands. In the area where the platform extends over coastal and 404- type wetlands, it would be located approximately 12' above the substrate. The waterward edge of the proposed forklift drop platform appears to be located at the current -4' contour. (See Sheet 2 and 3 of 4) The applicant also proposes two floating docks to create four transient slips. Immediately south of the proposed forklift drop platform would be a 17' long x 6' wide concrete abutment and access stairs leading to a 45' long by 5' wide gangway that would slope down to a 60' long by 6' wide floating dock. The floating dock would be located in current water depths ranging from approximately -2' MLW to -22' MLW and would create two transient slips on the south side of the proposed floating dock. To the north of the existing travel lift, there would be a 9' long by 8' wide concrete abutment and an 80' long by 5' wide gangway leading to a 58' long by 8' floating dock creating two additional transient slips. The proposed floating dock would be located in current water depths ranging from approximately -3' MLW to -18' MLW. (See Sheet 2 of 4) OTH Realty, LLC., Page 3 The application also contains a proposal for four open dry stack vessel storage racks on the high ground portion of the property over existing, impervious gravel partially within the 75' Estuarine Shoreline Area of Environmental Concern (AEC), but outside the 30' Coastal Shoreline buffer requirement. Two (2) two-story dry stacks measuring 198' long by 12' wide, by 19' high would hold up to 16 vessels each as well as a two four-story dry stack measuring 198' long by 12' wide by 38' high would hold up to 32 vessels are proposed where vessels are currently held on stands. Total impervious coverage increases within the 75' AEC would be 625 sq. ft. for a total of 29% built upon area (BUA) within the AEC area of the property. The proposed dry stack vessel storage racks would accommodate up to 96 vessels. (See Sheet 4 of 4) Three separate, unsuccessful attempts were made to notify Cape Fear Public Utility Authority who is the adjacent riparian property owner to the north. The last notification attempt was sent on 8/11/22 with USPS Tracking Number 7021 2720 0000 2655 2227. The agent was given contact information for Cape Fear Public Utility Authority and intends to continue to try and notify (See attached email correspondence). 11. ANTICIPATED IMPACTS: The proposed floating docks and forklift drop platform would incorporate approximately 1,340 sq. ft. of Estuarine Water and Public Trust Area and would shade approximately 18 sq. ft. of coastal wetlands. The proposed structures would extend approximately 75' into a waterbody, which measures approximately 700' across. As proposed, the development would be located outside of the adjacent 15' riparian corridor setbacks, would be constructed outside of the USACE federal channel setback, within 'A of the width of the waterbody and within the established pier -head line. The proposed development would allow the facility to accommodate up to four (4) additional vessels for a total of 56 wet slips. The proposed upland development would create an additional —625 sq. ft. of impervious surfaces within the AEC for a total of 29% impervious coverage within the AEC and a total of 18% impervious coverage for the entire tract. The proposed dry stack vessel storage racks would accommodate up to 96 vessels. No Coastal or 404 Wetland impacts are expected. Minor increases in turbidity should be expected during construction; however no long-term adverse impacts are anticipated. Submitted by: Bryan Hall Date: 8/25/2022 Office: Wilmington 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The project is adjacent to the Cape Fear River at 1701 and 1709 Jel Wade Drive in Wilmington, New Hanover County. There is an extensive permitting history that has authorized the marina, commercial buildings and development, and a travel lift. The property currently operates as a commercial boatyard for dockage, maintenance, and storage. Normal High Water, Coastal and 404 Lines were delineated by LMG on October 28, 2021. 404 Wetland lines were approved by USACOE staff on December 13, 2021. Normal High Water and Coastal Wetland lines are awaiting DCM approval. Water depths, structures, and Mean High / Low Water in the vicinity of the existing travel lift were located by TI Coastal on November 23, 2021. See Appendix B for details. Waters in the project area are classified as SC SW and are open to non- commercial shellfishing. The area is a primary nursery area. 4.1.2 Proposed Action The applicant proposes installation of a forklift drop platform measuring 67' long x 14.75' wide tying to the existing concrete. Two concrete abutments are proposed. One concrete abutment will measure approximately 9' long x 8' wide and contain an 80' long x 5' wide aluminum gangway leading to a 58' long x 8' wide floating dock. The other concrete abutment will measure 17' long x 6' wide with access stairs and contain a 45' long x 5' wide aluminum gangway leading to a 60' long x 6' wide floating dock. Also proposed on the upland portion of the property are four open dry stack storage racks. Two open dry stack storage racks will stand 2 high, measure 198' long x 12' wide x 19' high and contain 16 vessel spaces each. The other two open dry stack storage racks will stand 4 high, measure 198' long x 12' wide x 38' high and contain 32 vessel spaces each. Length of shoreline at Normal High Water is approximately 2,330'. There is no additional upland work proposed on the property. See Appendix A 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. Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina I I ?. 711%/ 13 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name OTH Realty, LLC Project Name (if applicable) OTH Realty, LLC Applicant 1: First Name Jason MI NA Last Name Ruegg Applicant 2: First Name MI NA Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 232 Causeway Drive Suite 1-3 PO Box City Wrightsville Beach State NC ZIP 28480 Country USA Phone No. 410-703-5329 FAX No. Street Address (if different from above) City State ZIP Email jasonr@offthehookys.com 2. Agent/Contractor Information Business Name Davey Resource Group, Inc. Agent/ Contractor 1: First Name Greg MI NA Last Name Finch Agent/ Contractor 2: First Name Andy MI NA Last Name Dortch Mailing Address 3805 Wrightsville Avenue, Suite 15 PO Box NA City Wilmington State NC ZIP 28403 Phone No. 1 910-452-0001 ext. NA Phone No. 2 NA ext. NA FAX No. 910-452-0060 Contractor # NA Street Address (if different from above) NA City State ZIP Email Greg.finch@davey.com ; William.dortchAdavev.com Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 2 3. Project Location County (can be multiple) New Hanover Street Address 1701 and 1709 N Jel Wade Drive State Rd. # Subdivision Name City Wilmington State NC Zip 28401 Phone No. 910-762-1256 Lot No.(s) (if many, attach additional page with list) a. In which NC river basin is the project located? Cape Fear b. Name of body of water nearest to proposed project Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Cape Fear River ®Natural ■Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. City of Wilmington 0 Yes • No 4. Site Description a. Total length of shoreline on the tract (ft.) -2,330 ft b. Size of entire tract (sq.ft.) 13.65 +/- acres c. Size of individual lot(s) 2.01 acres and 11.64 acres (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) -0' - -50' ®NHW or • NWL e. Vegetation on tract Typical coastal shrubs and grasses, typical upland shrubs, grasses, and trees f. Man-made features and uses now on tract Commercial buildings and infrastructure exist to support vessel sales and repairs. There is a travel lift and several floating docks located on the property. g. Identify and describe the existing land uses adjacent to the proposed project site. Plant Isabel Holmes Bridge, Apartments, Marina, Water Treatment h. How does local government zone the tract? LI - Light Industrial i. Is the proposed project consistent with the applicable zoning? (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, by whom? If yes, attach a copy. •Yes a1 No II NA I. Is the proposed project located in a National Registered Historic District Register listed or eligible property? or does it involve a National ■Yes No • NA JUL ( 2 Zf Application for Major Development Permit -July 2022 0TH REALTY LLC Wilmington, New Hanover County, North Carolina 3 m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) NORMAL HIGH WATER, COASTAL AND 404 WETAND LINES WERE DELINEATED BY LMG. 404 WETLANDS WERE APPROVED 12-13-2022. COASTAL WETLANDS AND NORMAL HIGH WATER ARE AWAITING DCM APPROVAL. SEE APPENDIX A FOR DETAILS. y Yes ■ No 22 Yes ■ No /V Yes • No n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. Retention pond 5, Activities and Impacts a. Will the project be for commercial, public, or private use? 0Commercial ■ Public/Government • Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to expand current commercial operations by adding two floating docks, a forklift drop, and four open dry stack storage racks. 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. Typical dock, concrete abutment, and boat open dry stack storage rack construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. The applicant proposes installation of a forklift drop platform measuring 67' long x 14.75' wide tying to the existing concrete. Two concrete abutments are proposed. One concrete abutment will measure approximately 9' long x 8' wide and contain an 80' long x 5' wide aluminum gangway leading to a 58' long x 8' wide floating dock. The other concrete abutment will measure 17' long x 6' wide with access stairs and contain a 45' long x 5' wide aluminum gangway leading to a 60' long x 6' wide floating dock. Also proposed on the upland portion of the property are four open dry stack storage racks. Two open dry stack storage racks will stand 2 high, measure 198' long x 12' wide x 19' high and contain 16 vessel spaces each. The other two open dry stack storage racks will stand 4 high, measure 198' long x 12' wide x 38' high and contain 32 vessel spaces each. Length of shoreline at Normal High Water is approximately 2,330'. There is no additional upland work proposed on the property. See Appendix A 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? —5,400 (0.12 ac) Sq.Ft or •Acres g. Will the proposed project encroach on any public easement, public accessway or other area Oyes No • NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges i. Will wastewater or stormwater be discharged into a wetland? -No new discharges Oyes No • NA If yes, will this discharged water be of the same salinity as the receiving water? Oyes • No @ NA Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina JUL 1 2 ?up 4 j. Is there any mitigation proposed? •Yes e/ No DNA 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) — (f) are always applicable to any major development application. Please consult the application 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 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 CAPE FEAR PUBLIC UTILITY AUTHORITY Phone No. NA Address 235 GOVERNMENT CENTER DRIVE, WILMINGTON NC 28403 Name CAPE FEAR MARINA HOA Phone No. NA Address 1701 JEL WADE DRIVE, CONDO CM WILMINGTON NC 28401 Name CAPE FEAR MARINA HOA Phone No. NA Address PO BOX 1113, WALLACE NC 28466 Name CITY OF WILMINGTON Address 102 NORTH THIRD STREET, WILMINGTON NC 28402 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit 90-97 Transfer, OTH Realty LLC 6-20-2022 CAMA Major 90-97, Bennett Brothers Yachts, Inc. 7-2-1997 CAMA Major 90-97 Renewal, Bennett Brothers Yachts, Inc. 9-11-2000 CAMA Major 90-97 20° Renewal, Bennett Brothers Yachts, Inc. 11-8-2002 CAMA Major 90-97 3`d Renewal I Minor Modification, Bennett Brothers Yachts, Inc. 1-20-2005 CAMA Major 90-97 4" Renewal / Minor Modification, Bennett Brothers Yachts, Inc. 3-19-2007 CAMA Major 90-97 5" Renewal, Bennett Brothers Yachts, Inc. 2-17-2009 CAMA Major Modification 90-97, Bennett Brothers Yachts, Inc. 7-13-2010 CAMA Minor Modification 90-97, Bennett Brothers Yachts, Inc. 3-12-2013 CAMA Major 90-97 6" Renewal, Bennett Brothers Yachts, Inc. 6-9-2015 CAMA Major 90-97 Renewal / Maintenance-5, Bennett Brothers Yachts, Inc. 6-12-2020 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. .IUI. 2 202? Application for Major Development Permit -July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 5 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: July 12, 2022 Print Name: Greg Finch Agent, Davey Resource Group Inc. Signature Greg Thiel Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information Application for Major Development Permit —July 2022 0TH REALTY LLC Wilmington, New Hanover County, North Carolina ❑DCM MP-5 Bridges and Culverts 6 2. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. 4 open dry stack vessel storage racks; two dry storage racks will stand 2 high (198' L x 12' Wx 19' H) and contain 16 spaces each, two dry storage racks will stand 4 high (198' L x 12' W x 38' H) and contain 32 spaces each c. Density (give the number of residential units and the units per acre). no residential e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Oyes OW ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Additional -625 sq ft, total in AEC = -29% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Additional -625 sq ft, total = -18% j. Describe proposed method of sewage disposal. Municipal b. Number of lots or parcels. 2 parcels (PARID: R04805-001-003-000, R04805-001-002-000) d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Concrete Abutments = 170 sq ft Forklift Drop Platform = -455 sq ft Open Dry Stack Storage Racks = 9,456 square feet (over existing impervious gravel) f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. concrete h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Dyes No DNA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? Dyes ®No DNA If yes, attach appropriate documentation. (submittal pending) I. Describe location and type of proposed discharges to waters of the m. state (e.g., surface runoff, sanitary wastewater, industrial! commercial effluent, "wash down" and residential discharges). No new discharges Application for Major Development Permit -July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina Does the proposed project include an innovative stormwater design? Dyes ❑No ®NA If yes, attach appropriate documentation. AEG 6 2422 'LLCM 11.1INGTON, NC m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes (SINo ❑NA community, public system, etc.) hi) If yes, how many acres? Municipal o. When was the lot(s) platted and recorded? 2 parcels (PARID: R04805-001-003-000 June 26. 2020, R04805-001-002-000 August 6, 1997) p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA Date July 12, 2022 Project Name OTH Realty, LLC Applicant Name Greg Finch Applicant Signature Greg Mich , Agent, Davey Resource Group, Inc. Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 8 3. 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/Community c. (i) Dock(s) and/or pier(s) (ii) Number 2 proposed floating docks with aluminum gangways (iii) Length 58' ; 60' (iv) Width 8' ; 6' (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes ['No If yes: (ii) Number 1 proposed fixed forklift drop platform (iii) Length 67' (iv) Width 14.75' (v) Floating ['Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 additional temporary loading / unloading wet slips (ii) Number of slips existing 72 wet slips existing 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: 10-50' m. (i) Will the facility have tie pilings? Dyes No (ii) If yes number of tie pilings? ❑ This section not applicable b. (i) Will the facility be open to the general public? Dyes No d. (i) Are Finger Piers included? ❑Yes No If yes: (ii) Number (iii) Length (iv) Width (v) Floating [Dyes ❑No f. (i) Are Boatlifts included? Oyes No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ® Full service, including travel lift and/or rail, repair or maintenance service ['Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 4 temporary loading / unloading wet slips ® Dry storage; number of boats: proposed 96 open dry stack boat storage units ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: proposed 67' long x 14.75' forklift drop j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout, charter boats, sail boats, sportfishinq vessels. yachts, mixed types I. (i) Will the facility be open to the general public? Dyes ®No Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 9 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. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. 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? Oyes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Oyes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None JUl Application for Major Development Permit —July 2022 0TH REALTY LLC Wilmington, New Hanover County, North Carolina 10 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. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ['Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (Hi) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) El This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑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 b. Number d. Description of buoy (color, inscription, size, anchor, etc.) JUG (2 2.U2i Application for Major Development Permit —July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 11 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Proposed Floating Docks -554' North ; -1,160 South Proposed Floating Docks -2,082' North ;-1,481' South Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body -612' - - 834' e. (i) Will navigational aids be required as a result of the project? Oyes No DNA (II) If yes, explain what type and how they will be implemented. NA d. Water depth at waterward end of structure at NLW or NWL -22' MLW 8. OTHER ['This section not applicable a. Give complete description: Date July 12, 2022 Project Name OTH Realty, LLC Applicant Name Greg Finch Applicant Signature Greg , Agent, Davey Resource Group, Inc. Application for Major Development Permit -July 2022 OTH REALTY LLC Wilmington, New Hanover County, North Carolina 12 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director OTH Realty, LLC. do Greg Finch of Davey Resource Group 3805 Wrightsville Ave. Suite #15 Wilmington, NC 28403 Dear Mr. Finch, NORTH CAROLINA Environmental Quality August 25, 2022 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for OTH Realty, LLC. for State approval for development of the subject property located at 1701 and 1709 North Jel Wade Drive., adjacent to the Northeast Cape Fear River (NECFR) in New Hanover County. It was received as complete on August 16, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 30, 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 August 16, 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bryan Hal Field Representative cc: Cameron Luck, DCM Holley Snider, DWR NORTH CAMLNAD_E v.m,m,mtm Evinwnead aMM USACE Christine Bouffard, New Hanover County Kim Harding, DMF Kathryn Thurston, City of Wilmington North Carolina Department of Environmental Quality Division of Coastal Management Wilmington Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910.796.7215 • 0 J W m Ucc Q H Z iy Cu. Up U, J 2 cc W W O a W J CC U 00 2J CC W OI LL APPLICANT: V m J 3 0 to tC O U CO) f O d YI 3 co V N M N . j C t� - O ac 3 T 0 al C d t 3 V O ,C LL CC d C 0 O • O O 0 I ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 29, 2022 GanLegPubNotices@gannett.com 2 Pages NORTH CAROLINA Environmental Quality Star News Legal Advertisement Section Re: Major Public Notice for: • OTH Realty, LLC Hello: Please publish the attached Notice in the Thursday, September 1, 2022 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC Files Cameron Luck — MHC USACE Sincerely, any. Pietila Permitting Support & Customer Assistance NORTH DE n.P.e�om of rnwoMn.M.f a�w� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On August 25, 2022, OTH Realty, LLC proposed to install two (2) floating docks, a forklift drop platform, and four (4) thy stack racks for a total of 56 formalized wet slips & 96 dry slips at an existing 52-slip commercial marina at 1701 & 1709 N Jet Wade Dr., adj. to the NE Cape Fear River in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 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 September 22, 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit OTH Realty LLC Mailing Address: 232 Causeway Drive Units 1-3 Phone Number: Email Address: jasonr@offihehooks.com I certify that I have authorized Davey Resource Group, Inc. Agent f Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits installation of two floating docks, Wrightsville Beach, NC 28480 410-703-5329 necessary for the following proposed development: forklift drop platform, and dry stack storage racks, and permit transfer at my property located at 1701 N JEL WADE DRIVE in New Hanover County. Y 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Jason Ruegg Print or Type Name GW^2r / ` r-t4 Title , 1 2o_a Date This certification is valid through 12 131 /2023 JUL72202`i DAVEY Resource Group July 12, 2022 CAPE FEAR MARINA HOA 1701 JEL WADE DR. CONDO CM WILMINGTON, NC 28401 To Whom It May Concern: OTH Realty, LLC is applying for a CAMA Major Permit Modification on the property located at 1701 and 1709 N Jel Wade Dr in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve installation of two floating docks, a forklift drop platform, and two dry stack storage racks as depicted on the enclosed plan view drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B has been omitted but can be provided 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: Robb Mairs North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 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 gregory.finch@davey.com. Sincerely, �GlZC/G Greg Finch, 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 JUL 12 202? DAVEY Resource Group July 12, 2022 CAPE FEAR PUBLIC UTILITY AUTHORITY 235 GOVERNMENT CENTER DR. WILMINGTON, NC 28403 To Whom It May Concern: OTH Realty, LLC is applying for a CAMA Major Permit Modification on the property located at 1701 and 1709 N Jel Wade Dr in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve installation of two floating docks, a forklift drop platform, and two dry stack storage racks as depicted on the enclosed plan view drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B has been omitted but can be provided 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: Robb Mairs North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 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 gregory.finch@davey.com. Sincerely, "Lar P-4.01-CA Greg Finch, 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 JUL 1 2 2022 DAVEY Resource Group July 12, 2022 CITY OF WILMINGTON 102 NORTH THIRD STREET WILMINGTON, NC 28402 To Whom It May Concern: OTH Realty, LLC is applying for a CAMA Major Permit Modification on the property located at 1701 and 1709 N Jel Wade Dr in Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve installation of two floating docks, a forklift drop platform, and two dry stack storage racks as depicted on the enclosed plan view drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B has been omitted but can be provided 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: Robb Mairs North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 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 gregory.finch@davey.com. Sincerely, ,124,- P-4;te-A Greg Finch, 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 7021 2720 0000 2655 1787 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mall Only For delivery information. visit Our website at www.usps.com r'. ' n t oili ICET4t3i`; , Certified Mall Foe 4.00 114116 tl 2 PDSlmtwk Here 0 7 / 12 / 2022 rvTe Extra Ses d rim/Mask /Mack boa. odd roe a�q .'e a ❑ Return Receipt (hardcopy) $ 1: t l _ 11 I 0Return Recalpt (electronic) $ _ .0-44 L ❑Cerufled Mall Restricted Delivery $ __40.11f ❑AAult Signature Required 1tygp� „�� �� ❑ MNi %mews Restricted Delivery $ JJ ��— Postage $.2.64 /otal Postage and Foe, $ $9.39 Sant To� sreoCaC FE-I ;.x u'& AC...W-t�V-.fll1Ci-.1[).i?:1:[Y brig o. ,a o5/rtilc'a11'.W.-N. 1..1 ' CN�. tie. PS Form 3800, April 2015 PSN 7530-P2-000-9047 See Reverse for Instructions U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.co�m . I n tfi{tti � l , g4or �1 .» II. .o lt�. 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AZALEA 3916 OLEANDER DR WILMINGTON, NC 28403-6758 (800)275-8777 03:52 PM Oty Unit Price Price First -Class Mall® 1 Large Envelope Wilmington, NC 28403 Weight: 0 lb 6.60 oz Estimated Delivery Date Thu 07/14/2022 Certified Mail® Tracking N: 70212720000026551794 Return Receipt Tracking N: 9590 9402 6335 0296 5142 91 Total First -Class Mail® 1 Large Envelope Wilmington, NC 28401 Weight: 0 lb 6,60 oz Estimated Delivery Date Thu 07/14/2022 Certified Mail® Tracking N: 70212720000026551787 Return Receipt Tracking N: 9590 9402 6335 0296 5142 Total First -Class Mail® 1 Large Envelope Wilmington, NC 28401 Weight: 0 lb 6.70 oz Estimated Delivery Date Thu 07/14/2022 Certified Mail® $4.00 Tracking N: 70212720000026551800 Return Receipt $3.25 Tracking if: 9590 9402 6335 0296 5143 14 Total $9.89 $2.64 $4.00 $3.25 $9.89 $2.64 $4.00 $3.25 84 $9.89 $2.64 US Flags Bklt/20 1 $12.00 $12.00 Grand Total: $41.67 Credit Card Remitted Card Name: VISA Account N: XXXXXXXXXXXX2936 Approval N: 048936 Transaction N: 373 AID: A0000000031010 AL: VISA CREDIT PIN: Not Required Chip JUL 1 2 202? $41.67 i { 2655 1787 ru ru nj r-4 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.tisps.com . 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DCM WILMINGTON, NC 1 ENDER: COMPLETE THIS SECTION ■ Complete Items 1, 2, and 3. ✓ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. I. Article Addressed to: NCVOT Vlvi$Ioyr?, c -Orv1Ja') oc c 501 ear backoc vok • ;aSA'1 e. h1ciajo.a.) NC 2is4Zo1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIII III1IIIIIIII 9590 9402 6335 0296 5143 90 COMPLETE THIS SECTION ON DELIVERY A Signe, re f. .% 1] Agent M 0 Addresse ru elved by (Printed Ne o) C. Date of Delver 11 l D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: U No !. Article Number (Transfer from serv/Ce label) '021 2720 0000 2655 2258 3. Service.Type ❑ Adult Signature o Adult Signature Restricted Delivery ❑ Certified Merl® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Allred Mat sired Mall Restricted Delivery ver $509 'S Form 3811, July 2020 PSN 7530-02-000-9053 5}t. 21 ❑ Priority Men Express® ❑ Registered Mall" ❑ Registered Mall Restrict Delivery ru a Signature Confirmation' 0 Signature Confirmation [O Restricted Delivery U, ru 0 SENDER: COMPLETE THIS SECTION • Comple a tems , , an. 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. 0 ru N nJ U.S. Postal Service- CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at rvww.lrsps conr - Cos le salt ►g. t 2111.4, L w Certified Mat Fee $4.00 $ $2��.�2p,,5p�a l:xlreServicesRFawnintro'boxaddleeperf lrt.r 0 0ReturnReceiptP opy) $ ,•r, lnR�r� ❑ Reurn Receipt idecbcrrle) ❑ 0eutlxed Men Restricted Delivery S .,.n $ Q ..1,1Q. .. 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Is'delivery address dllloredt from Item 1 If YES, enter delivery address below: ❑ Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature ant ❑ Addressee Delivery 9 Artir•.ta Nr umber (Tranclnr fmm carvloa label) '021 2720 0000 2655 2302 3. Service Type o Adult signature 0 Adult El Certified bier re Reelected Delivery ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery I frayed Mall I Insured Mall Restricted Delivery lover55001 ❑ Priority Mat Express® ❑ Registered Marini ❑ RegIstered Mail Restricted Delivery Q Signature Confirmetions1 ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Zi l' I V E D Domestic Return Receipt AUG 16 202% DCM WILMINGTON, NC USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfinnAction_input?origTrackNum=... USPS Tracking® Track Another Package + Tracking Number: 70212720000026551794 FAQs Remove X Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. USPS Tracking Plus® Available \/ In Transit, Arriving Late July 17, 2022 Get Updates v Text & Email Updates Tracking History July 17, 2022 In Transit, Arriving Late Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. July 13, 2022, 5:38 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 13, 2022, 12:19 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX RECEIVED AUG 16 202.2 DCM WILMINGTON, NC; 1 of 2 8/16/2022, 1:02 PM USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfirmAction_input?origTrackNum=... 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FAQs m rn m Q 0- 0 RECEIVED AUG 1.6 2022 DCM WILMINGTON, NC 2 of 2 8/16/2022, 1:03 PM Hall, Bryan L From: Finch, Greg <gregory.finch@davey.com> Sent: Monday, August 22, 2022 10:59 AM To: Hall, Bryan L Subject: [External] Fwd: CAMA Major Permit Mod ADJ prop comments for 1701 N Jel Wade Dr, Wilm NH Co Attachments: Greg Finch 1701 N jel Wade Dr NH Co.JPG CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. FYI, for Bennet Brothers/Off The Hook Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 I M: 910.470.4734 Visit our local office page Forwarded message From: Hammers, Angela K <akhammers@ncdot.gov> Date: Fri, Aug 19, 2022 at 2:26 PM Subject: CAMA Major Permit Mod ADJ prop comments for 1701 N Jel Wade Dr, Wilm NH Co To: gregory.finch@davey.com <gregory.finch@davey.com> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov>, Hughes, Benjamin T <bthughes(cancdot.gov> Mr. Finch, NCDOT as the adjacent property owner received notification of a proposed CAMA major modification permit at 1701 and 1709 Jel Wade Drive with opportunity for comments. NCDOT has no comments on this project. Thank you. Sincerely, Angela Hammers Engineering Technician III Division 3 District 3 North Carolina Department of Transportation 1 910-398-9100 office / 910-398-9119 Direct akhammers cr ncdot.gov 5501 Barbados Blvd. Castle Hayne, NC 28429 For COVID-19 information and resources in North Carolina, visit hftps.//www.nc.gov/covid19 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Hall, Bryan L From: Finch, Greg <gregory.finch@davey.com> Sent: Wednesday, August 24, 2022 10:37 AM To: Hall, Bryan L Cc: Henson, Scarlett Subject: Re: [External] Fwd: CAMA Major Permit Mod ADJ prop comments for 1701 N Jel Wade Dr, Wilm NH Co CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Great, thanks Bryan. We'll try those two contacts and see if we can get something. Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 I M: 910.470.4734 0 Visit our local office page On Tue, Aug 23, 2022 at 5:00 PM Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> wrote: I checked with Tara and in this case we are OK with accepting it as complete. It will be mentioned in the bio and to Cameron that proper notification has not occurred yet so he's aware. I'd reach out to those two points of contact and see what they can do. Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.hall@ncdenr.gov 1 127 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: Finch, Greg <gregory.finch@davey.com> Sent: Tuesday, August 23, 2022 2:26 PM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Cc: Henson, Scarlett <Scarlett.Henson@davey.com> Subject: Re: [External] Fwd: CAMA Major Permit Mod ADJ prop comments for 1701 N Jel Wade Dr, Wilm NH Co CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. OK, thanks. We double checked all three of our notification attempts and they are 'Arriving Late', which usually means not at all. Since we have made three attempts can the application be accepted as complete and we'll continue the notification attempts during permit processing? Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 I M: 910.470.4734 Visit our local office page On Tue, Aug 23, 2022 at 2:06 PM Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> wrote: Hey Greg, 2 I dug up two recent points of contacts at CFPUA for recently issued permits. I'd try reaching out and seeing what is the best address to send the notification and at the very least get something in writing from CFPUA saying they've reviewed the application and have no objection. Hopefully that helps Frank Steyers: frank.steyers@cfpua.org John Kupinski: John.kupinski@cfpua.org Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.I.hallCcancdenr.gov 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: Finch, Greg <gregory.finch@davey.com> Sent: Monday, August 22, 2022 10:59 AM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: [External] Fwd: CAMA Major Permit Mod ADJ prop comments for 1701 N Jel Wade Dr, Wilm NH Co 3 0 BK: RB 6326 I II II III IIIIII I� PGORDED-504 2020024062 26-2020 NEW HANOVER COUNTY, NC 02:33:12 PM TAMMYTHEUSCHBEASLEY BY: SAMANTHA SPEAKER REGISTER OF DEEDS DEPUTY NC FEE $26.00 STATE OF NC REAL ESTATE EXTX S6092.00 The Attorney Preparing this Instrument Made No Record Search or Title Examination as to the Property Herein Described, Unless the Same is Shown by Their Written and Signed Certificate. Tax Lot No. Verified by County on the day of 201. Excise Stamps $ 6,092.00 Mail after recording to: C. York Law, PLLC, 2030 Eastwood Road #7, Wilmington, NC 28403 This instrument was prepared by: Hodges Coxe & Potter, LLP 3907-100 Wrightsville Avenue Wilmington NC 28403 Brief description for the Index: Approx. 11 Acres J.E.L. Wade Drive and 21 Boat Slips in Cape Fear Marina NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this o?S day of Ju.ite, 2020 by and between GRANTOR BENNETT VENTURES, LLC a North Carolina limited liability company GRANTEE OTH REALTY, LLC a North Carolina limited liability company 6317 Market Street Wilmington, NC 28405 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include the 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 New Hanover County, North Carolina, and more particular) described, ps follows: 7 I SEE ATTACHED EXHIBIT A AND EXHIBIT B, WHICH ARE ATTACHED TO THIS DEED AND MADE A PART OF THIS DEED AS IF FULLY SET FORTH HEREIN. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor. This conveyance is made subject to the following Exceptions and Reservations: 1. Easements and restrictions that appear of record. 2. Taxes due but not yet payable. 3. The terms of all applicable zoning, land use and planning ordinances, statutes and regulations. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. EAL-STAMP NORTH CAROLINA �3 �C COUNTY I, a Notary Public of the County and State aforesaid, certify that Patricia Bennett, Manager of Grantor, personally appeared before me this day and acknowledged that she is duly authorized by the Grantor to act on r�q tor's behalf, and used the foregoing instrument. Witness my hand and official stamp or seal, this LT) day of J V Vn,2 , 2020. My commission expires: 1 1 (' (202.k•\ y & Notary Public RACHEL M BENGE NOTARY PUBLIC NEW HANOVER COUNTY, NC My Commission Expires 12•8 2024 JUI 1 )•• 7U7/ 2 EXHIBIT A A certain tract or parcels of land lying and being in the City of Wilmington, New Hanover County, North Carolina and being part of the that tract described in book 2221 page 874 and those tracts described in book 5149 page 1618 and portions of previously public right of ways that have been formally closed and being more particularly described as follows: Tract A Beginning at an iron on the western right of way of North J.E.L. Wade Drive (66 ft. public right of way), said point being located N 81-11-56 W 34.16 ft. from a concrete monument at the intersection of the centerlines of said North J.E.L. Wade Drive and Compton Street (66 ft. public right of way): Proceed from said point of beginning and leaving said right of way S 83-43-15 W 267.00 ft. to a point, thence S 13-06-19 W 52.77 ft. to a point, thence S 70-57-23 E 59.39 ft. to an iron, thence S 38-06-24 E 57.57 ft. to an iron, thence S 53-16-04 W 59.33 ft. to an iron, thence N 36-50-35 W 45.00 ft. to an iron, thence S 10-48-08 W 249.64 ft. to an iron, thence S 04-33-13 W 40.11 ft. to an iron, thence S 14-27-37 E 108.45 ft. to an iron, thence S 16-35-04 W 125.54 ft., thence S 11-57-13 E 160.74 ft., thence S 32-19-31 W 99.24 ft., thence S 42-34-50 W 36.07 ft., thence S 03-42-56 E 64.79 ft., thence S 12-01-29 W 173.35 ft., thence S 40-50-57 W 109.54 ft., thence S 30-52-41 W 90.04 ft. to a point on the northern right of way of Bradley Street (66 ft. public right of way), thence with said right of way S 51-04-33 E 191.83 ft. to a point northern right of way of the Isabel Homes Bridge\North 3rd Street right of way (variable width public right of way), thence with said right of way and with a curve to the left having a radius of 770.90 ft. a chord N 62-24-57 E 231.66 ft. to an iron, thence with a curve to the right having a radius of 2296.58 ft a chord N 34-42-49 E 624.18 ft. to an iron at the intersection of the southern right of way of Ashe Street (66 ft. public right of way), thence with said southern right of way S 83-48-52 W 181.57 ft. to an iron on the western right of way of Cornelius Harnett Drive (variable width public right of way), thence with said western right of way N 12-49-02 E 69.85 ft to an iron, thence with a curve to the right having a radius of 749 .20 ft. a chord N 17-06-50 E 42.53 ft. to an iron on the western right of way of North J.E.L. Wade Drive, thence with said western right of way N 00-36- 50 E 292.75 ft. to an iron, thence N 06-08-17 W 66.00 ft. to an iron, thence N 06-16-45 W 372.13 ft. to the point of beginning and containing 10.92 acres. Together with a Private Access and Use Easement recorded on condo plat II page 278-279 and book 2523 page 543 and being more particularly described as follows: Beginning at a point in the western line of the above described Tract A, said point is located S 58-29-18 W 355.16 ft. from a concrete monument at the intersection of North J.E.L. Wade Drive and Compton Street: Proceed from said point of beginning N 80-13-25 W 54.92 ft. thence S 11-22-01 W 11.60 ft. thence S 05- 52-50 W 112.83 ft., thence S 80-16-15 E 45.36 ft. to the western line of the above Tract A, thence with said western line N 10-48-08 E 124.14 ft. to the point of beginning. Said tract is subject to a Private Access, Parking and Utility Easement recorded in book 2523 page 543 and being more particularly described as follows: Beginning at a point on the western line of North J.E.L. Wade Drive and being S 06-16-45 E 38.38 ft. from the beginning point of the above described Tract A: Proceed from said point of beginning S 83-43-15 W 40.94 ft., thence with a curve to the left having a radius of 90.00 ft a chord S 44-19-13 W 114.25 ft. thence S 04- 55-12 W 48.54 ft., thence N 54-09-45 W 124.27 ft. thence S 38-06-24 E 57.57 ft., thence S 53-16- J U l 1 `?- <J 04 W 59.33 ft., thence N 36-50-35 W 45.00 ft., thence S 10-48-08 W 171.04 ft., thence N 69-34- 50 E 195.99 ft., thence N 89-00-05 E 135.26 ft. to the western right of way of North J.E.L. Drive thence with said western right of way N 06-16-45 W 30.13 ft. thence leaving said right of way S 89-00-05 W 87.26 ft., thence N 54-09-45 W 34.82 ft., thence N 04-55-12 E 66.51 ft., thence with a curve to the right having a radius of 60.00 ft. a chord N 44-19-13 E 76.17 ft., thence N 83-43-15 E 40.94 ft. to a point on said western right of way of North J.E.L. Wade Drive, thence with said western right of way N 06-16-45 W 30.00 ft. to the point of beginning. Said tract is also subject to a Public Utility Easement recorded at book 2559 page 45 and NCDOT Permanent Drainage Easement and Slope Easements #1 and #2 recorded at book 3099 page 750. Tract B Beginning at a point at the intersection of the southern right of way of Bradley Street (66 ft. public right of way) and the northern right of way of Isabel Homes Bridge\North 3rd Street right of way (variable width public right of way): Proceed from said point of beginning and with said southern right of way N 51-04-33 W 136.04 ft. thence leaving said right of way S 30-52-41 W 56.55 ft., thence S 25-03-06 W 62.29 ft. to a point on said northern right of way, thence with said northern right of way and with a curve to the left having a radius of 770.90 ft. a chord N 83-06-18 E 162.41 ft. to the point of beginning and containing 0.20 acres. TOGETHER WITH perpetual non-exclusive easements (i) for pedestrian access and the installation, maintenance and restoration of utility services over, upon, under and across those portions of Cape Fear Marina, a condominium, designated as "COMMON ELEMENT (DOCK)" together with the right to access the "COMMON ELEMENT (DOCK)" by utilizing existing walkways and ramps, as the same may be relocated from time to time, and (ii) for access across the COMMON ELEMENT to and for the use of all facilities located within the Bath House of Cape Fear Marina, A Condominium, as described in Deed of Easement recorded in Book 2523 at Page 556 of the New Hanover County Registry, reference to which is made for a more particular description. TOGETHER WITH the perpetual non-exclusive easements reserved in Deed recorded in Book 2627 at Page 200 of the New Hanover County Registry, reference to which is made for a more particular description, for access and the installation, maintenance and restoration of utility services over, upon, under and across the area and improvements designated as "COMMON ELEMENT (DOCK)" as shown and designated on that certain map or plat entitled "CAPE FEAR MARINA A CONDOMINIUM (MARINA UNITS P THROUGH T)", said map or plat being recorded in Condominium Map Book 11 at Page 316, in the office of the Register of Deeds of New Hanover County, reference to said map or plat being hereby made for a more particular description of the area upon which the easements are reserved. TOGETHER WITH nonexclusive perpetual easements reserved in the SIXTH AMENDMENT TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM recorded on October 20, 2005 in Book 4923 at Page 2740 in the New Hanover County Registry, reference to which is made for more particular description, over, upon, across and within all Common Elements, including but not limited to the Docks, shown and designated on map recorded in Condominium Map Book 15 at Pages 80-81 of the New Hanover County Registry for (i) access JMI ! 2, 2072 and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common Elements. TOGETHER WITH nonexclusive perpetual easements reserved in the SEVENTH AMENDMENT TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM recorded on April 9, 2007 in Book 5166 at Page 524 in the New Hanover County Registry, reference to which is made for more particular description, over, upon, across and within all Common Elements, including but not limited to the Docks, shown and designated on map recorded in Condominium Map Book 17 at Pages 5-6 of the New Hanover County Registry for (i) access and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common Elements. JUL. 2 j 2; Exhibit B Legal Description Marina Unit F: Being that certain condominium unit designated as Marina Unit F and all rights and interests appurtenant thereto, as described in the Declaration of Cape Fear Marina, A Condominium, recorded in Book 2559 at Page I, as amended, in the office of the Register of Deeds of New Hanover County (the "Declaration"), and as designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM" incorporated by reference in Exhibit B of the Declaration and recorded in Condominium Map Book 11 at Pages 278 through 279 in the office of the Register of Deeds of New Hanover County, North Carolina, reference hereby being made to said Declaration and the aforesaid plans and plats for a more particular description of Marina Unit F. Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34: Being all those condominium units designated as Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34 and all rights and interests appurtenant thereto, as described in the Declaration of Cape Fear Marina, A Condominium, recorded in Book 2559 at Page 1, as amended (the "Declaration") and being more particularly described in the Sixth Amendment to the Declaration of Cape Fear Marina, A Condominium, recorded in Book 4923 at Page 2740 (the "Sixth Amendment"), and as designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM (Marina Units 5-6, 8-13, 15-20, 22-27 and 29-34)" incorporated by reference in Exhibit B of the Sixth Amendment and recorded in Condominium Map Book 15 at Pages 80 through 81, all in the office of the Register of Deeds of New Hanover County, North Carolina, reference hereby being made to said Declaration, Sixth Amendment and the aforesaid plans and plats for a more particular description of Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34. Marina Units 35 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45: Being all those condominium units designated as Marina Units 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 and all rights and interests appurtenant thereto, as described in the Declaration of Cape Fear Marina, A Condominium, recorded in Book 2559 at Page I, as amended (the "Declaration") and being more particularly described in the Seventh Amendment to the Declaration of Cape Fear Marina, A Condominium, recorded in Book 5166 at Page 524 (the "Seventh Amendment"), and as designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM (Marina Units 35-47)" incorporated by reference in Exhibit B of the Seventh Amendment and recorded in Condominium Map Book 17 at Pages 5 through 7, all in the office of the Register of Deeds of New Hanover County, North Carolina, reference hereby being made to said Declaration, Seventh Amendment and the aforesaid plans and plats for a more particular description of Marina Units 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45. This conveyance is made subject to the rights of the public in the public trust waters and rights of the State of North Carolina and the United States of America as would relate to the same. 11.1L i 2 AL:7 For Informa Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Marina Unit Lion Purposes Only: F, Tax Parcel ID: R04805-001-002-006 10, Tax Parcel ID: R04805-001-002-032 12, Tax Parcel ID: R04805-001-002-034 16, Tax Parcel ID: R04805-001-002-037 20, Tax Parcel ID: R04805-001-002-041 22, Tax Parcel ID: R04805-001-002-042 23, Tax Parcel ID: R04805-001-002-043 24, Tax Parcel ID: R04805-001-002-044 33, Tax Parcel ID: R04805-001-002-052 34, Tax Parcel ID: R04805-001-002-053 35, Tax Parcel ID: R04805-001-002-054 36, Tax Parcel ID: R04805-001-002-055 37, Tax Parcel ID: R04805-001-002-056 38, Tax Parcel ID: R04805-001-002-057 39, Tax Parcel ID: R04805-001-002-058 40, Tax Parcel ID: R04805-001-002-059 41, Tax Parcel ID: R04805-001-002-060 42, Tax Parcel ID: R04805-001-002-061 43, Tax Parcel ID: R04805-001-002-062 44, Tax Parcel ID: R04805-001-002-063 45, Tax Parcel ID: R04805-001-002-064 JUL TAMMY THEUSCH BEASLEY Register of Deeds New Hanover County Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 State of Filed For North Carolina Registration: Book: RB 6326 8 PGS Real Property Excise Tax Recorder: Document No: , County of NEW HANOVER 06/26/2020 02:33:12 PM Page: 497-504 $6,118.00 $26.00 $6,092.00 SAMANTHA SPEAKER 2020024062 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. JUL 12 ?U/i i0 AI6 GR �111� FOR REGISTRATION REGISTER OF DEEDS JENNNEW HINOVER COUNTYISH NC 2009 NOV 13 11:38:51 AM BK:5450 PG:1361-1368 FEE:$37,00 NC REV STRMP:$2.00 INSTRUMENT # 2009038863 00 2 Wen°e stomps Prepared by: State Property Office, NC Department of Administration 1321 Mail Service Center Raleigh, North Carolina 27699-1321 File No. 065-AJ PATRICIA D BENNETT—MAIL PO roe! 1.6 , # Ro4gos-ooi -co Return to: 1701 J.E.L. MADE DR WILMINGTON NC 28401 J STATE OF NORTH CAROLINA EASEMENT COUNTY OF NEW HANOVER THIS EASEMENT ("Easement"), made and entered into as of the date set forth in the notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body politic and corporate, ("Grantor") and CAPE FEAR MARINA ASSOCIATION, ("Grantee"). WITNESSETH: THAT, WHEREAS, the North Carolina Department of Administration, pursuant to North Carolina General Statute §146-12, has authorized and approved the execution of this instrument for the purposes herein expressed; and, NOW, THEREFORE, in consideration of the public interest in promoting citizen access to navigable waters and for good and valuable consideration, Grantor does hereby grant unto Grantee, their heirs and assigns, an easement located in the City of Wilmington, New Hanover County, North Carolina, and more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Easement Area"), as same is shown on a map attached hereto as Exhibit B. The terms and conditions on and for which this Easement is granted are as follows: 1. This Easement is appurtenant to and runs with the adjacent riparian or littoral property as described in Book 2221, Page 874, Book 2523, Page 543, Book 2559, Pttze Q and Book 5166, Page 524, New Hanover County Registry (the "Adjacent Property"). 2U/7 2. Grantee shall not exclude or prevent the general public from exercising public trust rights, including commercial and recreational fishing, shell fishing, seine netting, pound netting, and other fishing rights in navigable waters within the Easement Area. 3. This Easement confers upon Grantee no additional rights to interfere with the approval, issuance, or renewal of shellfish or water column leases or to interfere with the use or cultivation of existing shellfish leases, water column leases, or shellfish franchises. 4. This Easement is subject to all rights conferred in previous conveyances by Grantor in and to the Easement Area. 5. This Easement is granted for a term of fifty (50) years beginning on the 5th day of November, 2009, and terminating on the 4th day of November, 2059, unless earlier revoked. 6. Subject to compliance with North Carolina General Statute §146-12(j), this Easement is eligible for renewal for one (1) additional fifty (50) year term. 7. This Easement covers those structures allowed by CAMA Permit Number 90- 97. Such structures shall be used for the following purposes: to construct and operate a docking facility. All terms and conditions of CAMA Permit Number 90-97 are hereby incorporated and made a part hereof 8. Subject to compliance with Article 7, Chapter 113A of the North Carolina General Statutes, Grantee shall have the right to repair, rebuild or restore structures located upon the Easement Area. 9. The exercise of the rights under this Easement shall be contingent upon Grantee obtaining all necessary permits and authorizations and complying with all federal, state, municipal and other laws, codes, ordinances, rules and regulations applicable to the Easement Area. Grantee shall not make or permit any unlawful use of the Easement Area. 10. As further consideration for granting this Easement, Grantee agrees to pay to Grantor an easement purchase payment in the amount of : Seven Hundred Fifty and no/100 Dollars ($750.00). The easement purchase payment, if any, has been calculated based upon the following Information: 1. Footprint of structure: 135.000 square feet. 2. Riparian shoreline: 1 962 linear feet. 3. Riparian credit: 105.948 square feet. JUL 2 11. Grantee shall not exercise any rights granted herein in any areas outside the Easement Area without first obtaining a written modification of this Easement in accordance with North Carolina General Statute §146-12(k). 12. Upon transfer of title of the Adjacent Property during the term of this Easement or any renewal thereof, the easement rights granted herein shall be transferred automatically to the subsequent owner of the Adjacent Property, subject to the limitations hereinafter set forth. In the event the subsequent owner of the Adjacent Property (I) gives written notification to the State Property Office, pursuant to Paragraph 15 herein, within twelve (12) months of the date of transfer of title of the Adjacent Property accompanied by a copy of the instrument of transfer, and (2) remits the easement purchase payment as provided in North Carolina General Statute §146-12(1), such subsequent owner shall be entitled to receive an easement document transferring to such owner the easement rights granted herein for the remainder of the unexpired easement term. Failure to comply with North Carolina General Statute §146-12(1) shall result in termination of this Easement. 13. It is expressly understood and agreed between the parties hereto that if Grantee shall neglect to do and perform any matter or thing herein agreed to be done and performed by him, and shall remain in default thereof for a period of sixty (60) days after written notice from Grantor to Grantee calling attention to such default, Grantor, with the approval of the Governor and Council of State, may declare this Easement revoked. Said notice shall be given by certified mail to Grantee at the address set forth in Paragraph 15 (a) of this Easement. Revocation of this Easement shall entitle Grantee to seek administrative review in accordance with the provisions of Article 3, Chapter 150B of the North Carolina General Statutes. 14. Nothing contained herein shall be construed to prohibit Grantee from granting other persons rights of use of portions of the structures on the Easement Area for periods not to exceed the term of this Easement. All rights so granted shall automatically terminate upon expiration or revocation of this Easement. 15. a. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: Grantor: Director/Deputy Director -State Property Office 1321 Mail Service Center Raleigh, North Carolina 27699-1321 Grantee: Cape Fear Marina Association 1701 J.E.L. Wade Drive Wilmington, North Carolina 28401 Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. 3 b. In the event title to the Adjacent Property is transferred subsequent to the date of this Easement, Grantee agrees to give written notification to Grantor by certified mail at the above address within twelve (12) months of the date of such transfer of title. Such notification shall include: (1) A copy of the title transfer document. (2) The name(s) of the subsequent owner(s) of the Adjacent Property. (3) The mailing address (es) of such subsequent owner(s). 16. This Easement shall become effective only upon recordation in the Office of Register of Deeds for New Hanover. Grantee shall mail a copy of the recorded Easement to Grantor at the address set forth in Paragraph 15(a). 17. Failure by Grantor to require strict compliance with any term or condition of this Easement shall not be construed as a waiver of Grantor's right to enforce compliance with such term or condition or any other term or condition contained herein. 18. Grantee, by acceptance of this Easement, agrees to comply with and be bound by all terms and conditions set forth herein. [signature on following page] iuL 4 IN TESTIMONY WHEREOF, Grantor has caused this instrument to be executed in its name by the undersigned as of the date set forth in the notary acknowledgement below. STATE OF NORTH CAROLINA North olina Department of Administration By: Sperps Fleggas, S hi6r Deputy Secretary of the Department of Administration, acting Director of the State Property Office STATE OF NORTH CAROLINA COUNTY OF WAKE I, S G C R L ec fricA Notary Public for the County of 3-0 I4gS To A/ North Carolina, do hereby certify that Speros Fleggas personally came before me this day and acknowledged the due execution by him of the foregoing instrument as Senior Deputy Secretary of the North Carolina Department of Administration, acting Director of the State Property Office, for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the Off day ofHotta e/Z ,2009. My Commission Expires: -S-aol2. 11 l ary Public Print Name: ScL i C/Z2=k C»- /Z. JUL i 2 5 Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners EXHIBIT A July 16, 2009 Re: Easement from the State of North Carolina A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover County, North Carolina and being an area over a portion of the North East Cape Fear River and being more particularly described as follows: Beginning at a point on the high water line of the eastern edge of the North East Cape Fear River and at the northwestern corner of the Cape Fear Marina H.O.A. tract (book 51 page 524, book 4545 page 1, book 2627 page 200 and book 2559 page 1), said point is located N 41-12-57 W 443.11 ft. from a sub surface concrete control monument at the intersection of the centerlines of J E L Wade Drive and Compton Street, said point is also located N 23-14-42 W 912.51 ft. from N.C. Grid Monument "Wade" (N=185,204.603 ft. E=2,318,393.434 ft.), said point having N.C. Grid coordinates N=186,043.0381 ft. E=2,318,033.3027 ft.: Proceed from said point of beginning and leaving said high water line S 81-03-28 W 70.98 ft. thence S 89-41-24 W 50.00 ft., thence S 00-18-36 E 147.85 ft., thence S 82-10-06 E 36.15 ft., thence S 10-08-45 W 338.83 ft., thence S 12-48-29 W 126.53 ft., thence S 12-56-05 W 157.87 ft., thence S 34- 50-47 W 136.45 ft., thence S 21-36-31 W 371.21 ft., thence S 22-39-58 W 107.68 ft., thence S 30-22-58 W 63.15 ft., thence S 34-23-22 W 127.97 ft., thence S 33-32-34 W 264.85 ft., thence with the N.C.D.O.T. right of way of Highway 133 S 61-12-43 E 90.88 ft., thence with a curve to the left having a radius of 771.00 ft. a chord S 78-39-14 E 261.46 ft. to a point on the high water line of the eastern edge of the North East Cape Fear River, thence with said high water line and with the western line of the Cape Fear Marina H.O.A. tract N 25-03-06 E 77.60 ft., thence N 30-52-26 E 217.39 ft., thence N 40-50-57 E 104.45 ft., thence N 12-01-29 E 161.49 ft., thence N 03-42-56 W 73.47 ft., thence N 42-34-50 E 46.20 ft., thence N 32-19-31 E 84.35 ft., thence N 11-57-13 W 148.53 ft., thence N 00-24-00 E 126.25 ft., thence N 00-24-00 E 56.28 ft., thence N 00- 54-08 W 66.29 ft., thence N 05-52-50 E 220.99 ft., thence N 11-22-01 E 119.91 ft., thence N 13-06-19 E 69.97 ft., thence N 03-48-15 W 46.60 ft., thence N 11-25-23 E 116.52 ft., thence N 02-32-23 E 174.71 ft. to the point of beginning and containing 8.66 acres. A$IlI•tll CARS. . All bearings are N.C. Grid NAD 83/86 �.`�O• lt%FESBIp .:'4,X , t '4o �yq( .y . _ SEAL = L-3391 oQ !�: onathan L. Wayne PL 33�1- 'c .<,T •'L9 Jill 12 0% 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax (910) 343-9941 JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 11/13/2009 11:38:51 AM Book: RE 5450 Page: 1361-1368 Document No.: 2009038863 8 PGS $37.00 NC REAL ESTATE EXCISE TAX: $2.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2009038863* JUL 12, 2111/ 2009038863 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/13/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mark westendorff.LMG,3805Wrightsville Ave..Ste. 15.Wilmington, NC284 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Bennett Brothers, SAW-2021-02627 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Lat.: 34.254313 Long.: -77.947833 Universal Transverse Mercator: 18 S 228553.49 m E 3794257.25 m N Name of nearest waterbody: Northeast Cape Fear River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) owl 34.254053 -77.947810 0,7 ac Wetland Waters Section 10 W1 34.254597 -77.947834 0.02 ac Wetland Waters Section 404 W2 34.254202 -77.947774 0.01 ac Wetland Waters Section 404 W3 34.253752 -77.947704 0.12 ac Wetland Waters Section 404 W4 34.253201 -77.947528 0.01 ac Wetland Waters Section 404 JUL.) 2 20/i 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: JUL 1 2, 707% SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: n Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Section 401/404 Delineation Preliminary Sketch ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: USGS New Hanover County GIS Mosaic n Natural Resources Conservation Service Soil Survey. Citation: New Hanover County GIS Soils Data ❑ National wetlands inventory map(s). Cite name: n State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑■ Aerial (Name & Date): NAPP 1998, GIS World Imagery 2016 or n Other (Name & Date): n Previous determination(s). File no. and date of response letter ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Brad Shaver Digitally signed by Brad Shaver Date: 2021.12.13 15:15:24 -05'00' Signature and date of Regulatory staff member completing PJD Pia,¢ciidacl LMG (agent) Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not resppnd, 9,, 7 [1/ within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. y. erg •••••4Nie= SW Pan, Creel • Sall/USW TY:4.06 NV S33IAH3S NOIS3C1 ef 3A 0 NJ VW A11710Vd ef3Alef LIV3d 3dVD 3 N 01 'Allea?:11-110 1/4D I • COM 20 VAR. . 10 •G 2711-In / .., t., CO ,, .80-117 a fl 0' •O 5-41 CI) /I , - -, 4, A-1 / __. U _.1 41, / - - _. 7, f .---i_..... ID _, P --::..k.i..•,,,_ PiEttl 2 z ii , 1.,1 H o 1E-4( z o .='ij/11/ ..--____/ . •-_,,,,,ti_ 1 P4', ; 1/4, /49,,,,;----7 1 e4t`/, __ ' -'i I . 1 -i• . 41s ' I ., k / tr ' k°/ „so/ i, Z. 7 C 1 07 / . 1 :\ .1,, ••.- -_,/,,.,,,,..—..1--1 Ag xi / .•-••. .' ,/ „.-- -- -.1 ,.•-c- ' g 8 k \ 1 \ , c. /. , • / ... ,„1 ..,) /,' • .. • ./ •!. ! )4" 6/ _ote, , "ro-4 • 1_4 7.5"4 '8) Isabel Homes Bridge Compton Street 66' PUBL.' •46 VP,c.,...- .... ,, ., / e 4," 9 cp e, 4.96 JO VON Vim .96 ;GOAS OLISV 2 IJ JL 1 2 4022 F, e g I 1 g1.4 1113 2! !! !I 11 21 ; 2 Permit Class TRANSFER 2 Issued to Permit Number 90-97 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 4crmtt for X Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 X Excavation and/or filling pursuant to NCGS 113-229 OTH Realty, LLC., 232 Causeway Drive, Units 1-3, Wrightsville Beach, NC 28480 Authorizing development in St. Bridge, in Wilmington New Hanover County at Northeast Cape Fear River, immed. N. of 3`d , as requested in the permittee's application letter dated 6/2/22. This permit, issued on June 20, 2022 , 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 fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This Transfer must be attached to copies of the following permit documents, which includes all application forms and workplan drawings: a. The New Permit 90-97 issued on 6/2/97; b. The Renewal issued on 10/10/00; c. d. e. f. g. h. The Renewal issued on 11/18/02; The Minor Modification/Renewal issued on 1/20/05; The Minor Modification/Renewal issued on 3/19/07; The Renewal issued on 2/17/09; The Major Modification issued on 7/13/10; The Renewal issued on 6/12/20. 2) Copies of all referenced documents shall be readily available on site when a Division representative inspects the project for compliance. In accepting this transfer, the new permittee agrees that all conditions and stipulations of the active permit remain in force. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 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 DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. JUL 1 2, KO Signature of Permittee a s R a a a °s a a 2 a a a a OTC Realty, LLC Permit No. 90-97 Page 2 of 2 NOTE: NOTE: NOTE: a a a a a 3 3 R 8 ADDITIONAL CONDITIONS The N.C. Division of Water Resources SW8976403 The U.S. Army Corps of Engineers has 02652 & 2009-01242. has assigned the proposed project DWR Project No. assigned the proposed project Action Id: SAW-1996- A transfer application processing fee of S100 was received by DCM for this project. 1111 �Z / 0 2 /. DAVEY. Dortch, Andy <william.dortch@davey.com> Bennett Bros Permit Transfer Snider, Holley <holley.snider@ncdenr.gov> To: "Dortch, Andy" <william.dortch@davey.com> Cc: "Mairs, Robb L" <robb.mairs@ncdenr.gov> Good afternoon Andy. Mon. Jun 27, 2022 at 2:57 PM Will the project, specifically the construction of the abutment and access travel lift platform. result in the filling or excavation of wetlands? If so can you please quantify the impacts to coastal vs. non -coastal wetlands. The information forwarded to me from Robb today and a copy of this email will satisfy the pre -filing meeting request requirement if necessary. If the project results in only the shading of waters and wetlands, with no increase in formalized slips, then written approval from the DWR will not be required. Please feel free to call or email me if you have any questions. Sincerely, Holley Snider ... . •.,><((((°>' .>,..><((((°>.' Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 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: Mairs, Robb L <robb.mairs@ncdenr.gov> Sent: Monday, June 27, 2022 10:34 AM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: FW: [External] Bennett Bros Permit Transfer JUL 1 2 702Z ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 29, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT: CAMA Applicant: OTH Realty, LLC Project Location: 1701 & 1709 N Jel Wade Dr., Adj. to the NEW Cape Fear River, Wilmington, New Hanover County Proposed Project: The applicant proposes to install two (2) floating docks, a forklift drop platform, and four (4) dry stack racks for vessels at an existing 52-slip commercial marina for a total of 56 formalized wet slips and 96 dry slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 22, 2022. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. PRINT NAME AGENCY SIGNATURE This agency objects to the project for reasons described in the attached comments. £ D_E NORTH CAROLINA Department of Environmental Dual DATE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 TI Coastal Services, Inc. 387.13 North Green Meadows Dr Wilmington, NC 28405 910.821.1358 Vertical Datum Conversion To. Mum 4.3' NAVD88 2.3' MLLW OFF THE HOOK YACHT SERVICES 1701 J.E.L. Wade Drive Wilmington, NC 28401 CONDITION SURVEY - November 2021 Location & Drawing Layout Graphic Scale 0' 50 100' 200' Scale: / =100 iivotes 1. Horizontal Carom NC Slate Plane - Zone 3200 • • 2. Vertical Datrrnr Mean Lower Low Water thrILLW) 3. Data collected by TI Coastal on November 23. 2021 and represent conditions at that lone. 4. Soundings are expressed en feel and tenths. 5. Survey data collected in NAVD88 and convertedAOtiAG 1 2 2022 6. Vertical Datum conversions reference to NOAA a IM r local area INC Inland Waterways and Sounds Version It. 7. Aerial Photos NC One Map - 2020 8. Edge of Vegetation line digitized from gee -referenced Aerial Photographs. DWG NAME: 211123 OTHYS Travel Lift Surveyafwg . . DWG DATE: December 1, 2021 SURVEY DATE: November 23, 2021 SCALE: 1" = 100' 4.3• TI Coastal Services, Inc. 387-B North Green Meadows Dr Wilmington, NC 28405 910.821.1358 Vertical Datum Conversion NNE 20• NAV088 2.3' MLLE MEAN Nl6N WATER COLOR CONTOUR SCALE .� 000' 4M d 04 0.0 14 16 2.0 22 2.5 28 31 34 38 4I 4A 4.7 49 4.9 5.3 5b 60 6.3 6.9 7.3 7.7 03 88 9.3 9.8 OFF THE HOOK YACHT SERVICES 1701 J.E.L. Wade Drive Wilmington, NC 28401 CONDITION SURVEY - November 2021 PLAN VIEW - Bathymetry & Contours 1.0 12 1.3 1.4 1.6 22 2.4 2.8 38 3.4 3.6 41 4. 4.4 49 5.4 5.4 5.6 58 6.0 60 6,3 65 67 68 6.6 78 69 7A 7.0 7.8 7.5 2 78 79 8.1 85 6.8 92 9.9 LSO rat 3.4 .3.1 .2.3 •0.4 MEAN LOWER LOW WATER LINE 1.7 2.0 1.9 26 24 28 2.6 2.9 3.0 35 38 40 4.1 4.3 4.4 46 46 -� _ _ 5.4 5.4 54 5.5 56 5.7 58 61 62 65 b 72 6 7.6 7 79 7.3 8.2 7.6 8.5 8.4 3 92 9.8 9 7 10:e-_ 10.9 36 Graphic Scale a• 5• lee 10• Q�r I Scale: 1'• = 10' Notes 1. Horizontal Datum' NC Slate Plane - Zone 3200 2. Vertical Datum. Mean Lower Low Water (MLLWI , • ' • - • . 3. Data collected by TI Coastal on November 23. 2021 and represent conditions al Thal bore 4. Soundings are expressed in feet and tenths. 5. Survey data collected in NAVD88 and converted to W 6. Vertical Datum conversions reference to NOAA V for kical2ea2fa2tnd Waterways and Sounds Version I). 7. Aerial Photos. NC One Map - 2020 8. Edge 01 Vegetation line digitized from gee-relerenced Aerial Photographs. DWG NAME: 211123 OTHVS Travel Lift Survey.dwg DWG DATE: December 1, 2021 SCALE: As Shown SURVEY DATE: November 23,2021 SHEET: 2 OF 3 X: 2318083.73 Y: 185516.44 0.00 -20.00 -15.00 -10.00 -5.00 0.00 5.00 ion= 15.00 20.00 25.00 30.00 35.00 40.00 211123 CND 0+25.TIN 0+25.TIN Length: 555.00 Azimuth: 280.44 50.00 100.00 150.00 200.00 250.00 300.00 X: 2317537.92 Y: 185617.01 350.00 400.00 -20.00 15.00 10.00 -5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40,00 n = 1 I I I I r I I I I I r I I I I r I I I l l l I I I I I I I 7 1 - 1 I I I I I I- - = 0+25.1IN - = - - tin1� - - = - - au►r- = = - - - - - = = = 1 = - r I I I I 1 i 1 i I I i i i I I I I I I I i i i I i i i i I I I I I I I I I I= Survey DBL 50.00 Ft Depth 15.00 FCM X: 2318070.14 Y: 185442.69 0.00 40.E -15.00 -10.00 5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 211123 CND 1+00.TIN 1+00.1114 Length:555.00 Azimuth' 280.44 50.00 100.00 150.00 200.00 250.00 300.00 X: 2317524.33 Ye 185543.25 350.00 400X -20.00 15.00 10A0 -5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 n =1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I-_ - I - _ 11+00,IIN = _ _ - mum =- -aY1N- = = - 6 C = = = = - - = =_ - I i - 1 = - t I t 1 I 1 1 1 1 I I i I I I I I i I I i i 1 I I I 1 r I 1 1 1 1 1- Survey DBL 50.00 Ft Depth 15.00 Ft:In X:2318056.55 Y:185368.92 0.00 -20'03 -10.00 5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.10 35.00 4r, nr. 1+75.TIN 50.00 100.00 Length: 555.00 Azimuth: 280.44 X: 2317510.74 Y:185469.49 150.00 200.00 250.00 300.00 350.00 400.00 20.00-15.00 15.00 10.00 5.00 0.00 5.00 10.10 15.00 20.00 25.00 30.00 = I = I I I I I I I I I I I I I I r r I I I I I I I I I I I I I I I I I I I I I I- - = 1+75.1IN = - - _ NNW" -MLLIIL 5 - = - - = = = - 1 = _ - I = l t- 35.0C 4n Of,' 211'2 ChCS��'e, DBL 50.00 FI:In Depth 15.00 Ft:ln TI Coastal Services, Inc. 387.B North Green Meadows Dr Witmrngton, NC 28405 910.821.1358 Verflcaf Datvm Conversion MNW 2.d 1- NACOae t- MLLW X: 2318079.20 Y:185491.86 0.00 20.00 -15.00 -10.00 5.00 0.00 5.00 10.00 15 X 20.00 25.00 30.00 35.00 40.00 211123 CND 0+50.TIN 0+50.TIN Length. 555.00 Azimuth: 280.44 X: 2317533.39 Ye 185592.42 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 -20.00 15.00 10.00 5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 = 1 I I r I I I I I I I I I I I I I r r I I I I I I I I I r I I I I I I I I I 1= - - = - 0+50,IIN = L _ w+tir = - au41rL = = = = - = - - - = = = -- - = - 1 1 1 1 I I i i i I i i i i I i i 1 r I i I I i I I I !Him! i 1 1 I= Survey DBL 50.00 Ft:ln Depth 15.00 Ft:ln X: 2318065.61 Ye 185418.10 0.00 20.00 -15.00 -10.00 5.00 0.00 5.00 10.00 15.00 20.00 25X 30.00 40.00 211123 CND 1+25.TIN 1+25.1114 Length: 555.09 Azimuth' 280.44 50.00 100.00 150.00 200.00 250.00 300.00 X: 2317519.80 Ye 185518.66 350.00 400.00 -20.00 15.00 10.00 -5.00 0.00 5.00 1010 15.00 29.00 25.00 30.00 = I 1 1 1 I I r I I I r I I r I I r r I I I I I I I I I I I I I I I I I I I 11- - - = = r_ 1a25.(IN - K = - - a1LDT- = = - = = = -- = - - - - - -till 1 I 1 1 I r i I i I i I I i I I I t r I I I 1 = 40.00 n Survey DBL 50.00 Ft: Depth 15.00 Ftln X: 2318074.67 Y: 185467.27 0.00 -20.00 -15.00 -10.00 -5.00 OAO 10.00 15.00 20.00 25.OD 3D.00 35.00 40.00 211123 CND 0+75.TIN 0+75.1IN 50.00 Length: 555.00 Azimuth: 280.44 X:2317528.86 Y: 185567.84 100.00 150,00 200.00 250.00 300.00 350.00 400.00 20.0D 15.00 10.00 5.00 . 05.00 1000 15.00 20.00 25.00 30.00 35.00 40.00 = 1 r 1 1 1 I 1 1 t I 1- I r I I I I I I I I I IIIIIII I I I I 11 r I I- - = _- I = - 10+75.IIN _ _ = - - au=a� IS ulrF- :-- I�5.00l; - - = I� - = = = I I - = I = 1 1 1 1 I 1 1 1 _ 1 I 1 I I I I I I 1 I 1 1 1 1 I I I 1 1 I 1 1 1 1 I 1 1 I I= Survey DBL 50.00 Ft: In Depth 15.00 Ft:ln X: 2318061.08 Y: 185393.51 0.00 20.00 -15.00 -10'00 5.00 gm 5.00 10.00 15.00 20.00 25.00 30.30 35.00 4000 211123 CND 1+50.TIN 1+50.11N Length: 555.00 Azimuth: 280.44 X'. 2317515.27 Y: 185494.08 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 -20.00 15.00 10.00 -5.00 0.00 5.00 10.00 15.00 20.00 25.00 30.00 35X 40.00 -I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I- = __ - = 1+50.IIN - mho - = -Mu11_ = = - = - = = - = = - = 1 I I I I I I I I I I I I I I I I I I I I I I I 11 1 1 1 I I I 1 1 1 1= Survey' DBL 50.00 FI:In Depth 15.00 Ftln 0�3 NOT TO SCALE - ORIGINAL IS 34" x 22" OFF THE HOOK YACHT SERVICES 1701 J.E.L. Wade Drive Wilmington, NC 28401 CONDITION SURVEY - November 2021 CROSS SECTIONS Graphic Scale 0' 25' 50' 100' Horizontal Scale: 1" = 50' 0' 7.5' 15' 30' Vertical Seale: 1"= 15' Notes 1. Horizontal Datum NC Slate Plane - Zone 3200 2. Vertical Datum. Mean Lower Low Waler (MLLW) 3. Data collected by TI Coastal on November 23. 2021 and represent conditions at list time 4. Soundings are expressed in feet and tenths. 5. Survey dais collected in NAVOSS and converted ta11411111W 9 6. Vertical Datum conversions reference to NOAA V for I atae +N f'7 % r4srrd Waterways and Sounds Version 1). 7. Cross sections generated from TIN (DTM Model) and cut along slation boas. ( DWO NAME: 299123 OTNYS Travel Lift Survay.dwg DWG DATE: December 1, 2021 SURVEY DATE: November 23, 2021 SCALE: AS NOTED SHEET: 3 OF3 W N Z 0 "1Dt �Fm.. Lt Log If mm (g,Q ZN"• 002 -Z> rni C 0 0 Z 0 (I'1 U co V 4. Z uke un CD Aon p CN•D N { cei C Q c hj e tri rn z 1-4 z cinU7 U w m • 1324 NI 31VJS '0A19 "ITN 0 O 0 0 0 Iq w 4) r r m (I N A ti THIS MAP ISNGTA.• I I i''r, VEYAND HAS NOT DEI�1 I u LOCAL oVERN ENTAGENCY FOR - • MPIIANCB ti/ /pw Y APPLICABtE1 1n 44EVELOPMENT 1 % •� TONS f L I. '°N 1OV2f1 Ie 6 Lil <' N N N N cm N w —) N N A CPC 0 H (Ii Nx Ncnui NO-.m iTl Um 'aj wJD f; NU, ID IOAZ UNA W �1� D -�1 0 IM�m_, acn 4. tO J'-I-I -.NN Njm-1 14.3 IPN U� p CO Ca AW m0 <<Z O A2DZ CM to Z �m 0 DA0 Z 2 W Z o NpRty% C,lpe gRRaVRR ,t4(:Z.Z \\ 9 L21 0 2 9 £Zl V L24 GC„ bW V G WU14.WN (n a (.i M- c loo r N V r WU�.4N-•O r r c M- r r IOW r r V r WU1+WN"2 r r r[ m pzzzzz N"4a4. ICJ° wwuesgg88w�o . mmE^ImmEInnr•IMI.I I . 5Gi t•3N • • 2zp2 ta�Aa�A&azkli1 . 4. . Af#3 . U. pz22z �I.10 • `CI 4w. I N o34T56' W Z2. Zit a gOrggtVNgg�� mmmmmEEEEEE>EI.ImEE yZz1A 0tell Al GI . Pith) •. 1cninth{ntnbNtn W d I�1 f.�b . N2j . 6� I # 4N.N 100 • gikig . In(n Obm C4+ . to W . :k Ni-.Y--.(0. lb 44.. OI? to OQWI mmu�., ((�. qP }4� w:I.T co _ 44,� W+I �n pp �.N ail art V�I VQAN om �i. N. W N�Nm01NP m-`. .�,",a ((,.,� $mR P 8 Z '0N 10VN1 U) d1HS2l3NMO 600Z 'SL Alit :31V0 S 7 n. 6as. .87' W Is f7 DWI II II L25 /" 1 LZ IM i.E.L. WADE DRIVE O 'O r £l L29 m o / D Dfo mmr mmz TI A "i /v D O xi D m r m Y b am• jam° CM.0 u$ N m o• co US 421 N.E est CAPE FEAR O fe CCi r 0 n D 0 Z A 2 ?O(: CAPE FEAR PUBLIC UTILITY AUTHORITY 235 GOVERNMENT CENTER DRIVE WILMINGTON NC 28403 Existing Docking Facilities USACE Navigation Channel CITY OF WILMINGTON 102 NORTH THIRD STREET WILMINGTON NC 28403 Legend Property Boundary NHC Tax Parcels Riparian Corridor 15' Setback USACE Setback USACE Navigation Channel Mean High Water 30' CAMA Buffer Coastal Wetland Line 404 Wetland Line 75' AEC Appx. Normal High Water NOTES: 1. 2018 PARCELS AND 2020 AERIAL FROM NCONEMAP. 2. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS -2,330 FEET. 3. BASE FILE FROM ARDURRA GROUP. 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 0 150 300 600 RECEIVED y IA� i Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Project: Bennett Brothers Date: 6/27/2022 Revision Date: 16 2°2 AM Scale: 1"=300' Job Number. r eeDAAR`GAN'CW��2AA1,N2G i CI BI INizuvi 1 of 4 I Title: Site Location and Existing Conditions Drawn By: WAD 0 USACE Setback Proposed 67' x 14.75' Forklift Drop Platform (Ties to Existing Concrete Abutment) Proposed 60' x 6' Floating Dock Existing Dock MLW Proposed 80' x 5' Aluminum Gangway Proposed Concrete Abutment Joint Coastal / 404 Wetland Line 30' CAMA Buffer Existing Travel Lift 75' AEC 404 Wetland Line 3' x 6' Coastal Wetland Patch l Proposed Concrete Abutment and Access Stairs Proposed 45' x 5' Aluminum Gangway Existing Dock Legend Subject Property Joint Coastal/404 Wetland Line 404 Wetland Line USACE Setback Mean High Water 30' CAMA Buffer 75' AEC Mean Low Water NOTES: 1. 2018 PARCELS AND 2020 AERIAL FROM NCONEMAP. 2. WATER DEPTHS, MHW AND COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC. COLLECTED NOVEMBER 23, 2021. 3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88. 4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS -2,330 FEET. 5. BASE FILE FROM ARDURRA GROUP. 6. NOT A SURVEYED OR ENGINEERED DRAWING. 7. FOR ENVIRONMENTAL PERMITTING ONLY. 0 10 20 40 DAVEY Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Project: Bennett Brothers Date: 6/27/2022 RECEIVED AUG 6 2022 DC1VI WILMINGTON, VC Revision Date: N/A Title: Plan View Forklift Drop Detail Scale: 1"=20' Job Number: DRGNCW21.232 Drawn By: WAD Sheet Number: 2 of 4 2 oc USACE Setback Proposed Forklift Drop P atform (67' x 14.75' Proposed 60' x 6' Floating Dock 30' CAMA Buffer 404 Wetland Line Existing Concrete Abutment 3' x 6' Coastal Wetland Patch Proposed 45' x 5' Aluminum Gangway Proposed Concrete Abutment and Access Stairs Mean High Water Mean Low Water 0 8 16 32 A 14 12 10 8 6 4 MHW 2 0 MLW -2 -4 -6 -8 0+I00 30' CAMA Buffer 404 Wetland Line Proposed Forklift Drop (67' x 14.75') Existing Grade 0+I40 Pilings per Contractor (Size, Spacing, Depth) 0450 0+I60 0+I70 Existing Concrete I14 12 10 8 6 4 2 0 -2 - 4 - 6 -8 0+I80 0 4 8 16 Legend Subject Property 404 Wetland Line USACE Setback Mean High Water 30' CAMA Buffer Mean Low Water NOTES: 1. 2018 PARCELS FROM NCONEMAP. 2. WATER DEPTHS, MHW AND COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC. COLLECTED NOVEMBER 23, 2021. 3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88. 4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS—2,330 FEET. 5. BASE FILE FROM ARDURRA GROUP. 6. NOT A SURVEYED OR ENGINEERED DRAWING. 7. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED AUG 16 2022 DCM WILMINGTON, NC DAVEY Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Project: Bennett Brothers Title: Plan View Forklift Drop Detail Date: 6/27/2022 Revision Date: N/A Scale: As Noted Job Number: DRGNCW21.232 Drawn By: WAD Sheet Number: 3 of 4 L:ICAMA\2021 CAMA FILESILMG21.232 — Bennett Brothers, Ruegg\Bennett Brothers.dwg o f USAGE Setback USACE Navigation Channel Legend Subject Property USACE Navigation Channel USACE Setback Mean High Water 30' CAMA Buffer Coastal Wetland Line 404 Wetland Line Proposed Dry Stack Storage Racks [MO Mean High Water Mean Low Water Proposed Open Dry Stack Storage Rack - 2 High (16 spaces) Proposed Open Dry Stack Storage Rack - 2 High (16 spaces) Existing Brick Shed (to be removed) 404 Wetland Line 30' CAMA Buffer 75' AEC NOTES: 1. 2018 PARCELS AND 2020 AERIAL FROM NCONEMAP. 2. WATER DEPTHS, MHW AND 404 / COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC. 3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88. 4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS —2,330 FEET. 5. BASE FILE FROM ARDURRA GROUP. 6. PROPOSED OPEN DRY STACK STORAGE RACKS CONSTRUCTED OVER EXISTING IMPERVIOUS GRAVEL. 7. PROPOSED OPEN DRY STACK STORAGE DIMENSIONS 198' LONG X 12' WIDE. 8. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Appx. Normal High Water 75' AEC 0 10 20 40 Proposed Open Dry Stack Storage Rack - 4 high (32 spaces) Proposed Open Dry Stack Storage Rack - 4 high (32 spaces AU G 16 2022 DCM WILMINGTON, NC �` YGY Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-052-0001 Project: Bennett Brothers Date: 6/27/2022 Revision Date: N/A Scale: 1"=20' Job Number: DRGNCW21.232 Title: Plan View Drystack Detail Drawn By: WAD Sheet Number: 4 of 4 0 Major Permit Fee Schedule Project Name` 0- -( i wtSc5—r County: (�� Check No & Amount: Development Type Fee DCM % (14300160143510009316256253) DWQ (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) ,— II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: 411 S 100% ($400) 0% ($0) Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4175 can be applied: $250 .� 100% ($250) 0% ($0) III(B). Public or co rci evelopment, if Gener ater Quah i ation o. 4175 can be applie .� $400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% ($285) 40% ($190)