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HomeMy WebLinkAbout20221792 Ver 1_CAMA Application_20221220DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Brian and Susan Shugart 2. LOCATION OF PROJECT SITE: 2206 East Yacht Drive, adjacent to the AIWW, in Oak Island, Brunswick County. Lat: 33.9249451N Long:-78.1369531W 3. INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/8/22 & 11/8/22 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 8/23/22 Complete - 11/28/22 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification from LUP —Residential (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Single Family Residence with existing bulkhead, fixed access pier and fixed covered platform Planned — construct new floating dock, four new fixed finger piers and two boat lifts (3 slips) (G) Estimated Annual Rate of Erosion: N/A Source - NIA HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands 808 SF (Open water) additional incorporated (C) Other (High ground) (D) Total Area Disturbed: 808 SF (.018 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to expand an existing private private pier, with the addition of four fixed finger piers, a piling -less dual hinge I-beam gangway and floating dock, including the construction of two boat lifts, increasing the slip count from zero existing slips to a total of three slips. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 1 FAX:910-395-3964 Internet: www,nccoastalmanagement.not An Equal Opportunity 1 Affirmative Action Employer - 60% Recycled 110% Post Consumer Paper Shugart Docking Facility Page Two 9. PROJECT DESCRIPTION: The project site is located at 2206 East Yacht Drive adjacent to the A1WW, near Oak Island, Brunswick County. The site is approximately 0.49 acres and is vegetated primarily with lawn grass and ornamental plants. There is an existing single family structure on the site and an existing bulkhead (authorized via CAMA General Permit 72294D in 2018) located landward of coastal wetlands. The project site has approximately 120 ft. of shoreline frontage along the AIWW. Along the eastern half of the property there is a section of Coastal Wetlands, which consists of Smooth Cordgrass (Spartina alterniflora), beginning east of the pier and measuring approximately 40 ft. to the property line shared with the town, and extending approximately 30' waterward from the bulkhead. There is currently a fixed pier (80' x 6') which originates in the center of the parcel and extends waterward (northerly) from the bulkhead. The fixed access pier terminates on a T-head, fixed covered platform (18.5' x 19'). The current pier was authorized via CAMA General Permit 77634D, issued in February 2021. The original general permit application for the property (2020) included a proposed boat lift and floating dock, but shallow water depths found on site (less than two feet at nonnal low water) were deemed not sufficient to obtain a general permit consent form from the Division of Marine Fisheries, and the floating dock and boat lift were removed from the permitted drawing. A second general permit application for this property was received by DCM in May 2022 included a proposal for 2 boat lifts and a proposed floating dock (different configuration from prior general permit application) but could not be processed as a general permit due to shallow water concerns from DMF and three proposed slips. At that time DCM informed the agent that any proposal that involved formalized slips would necessitate a CAMA Major Permit application. The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the Al W W are classified SA by the Division of Water Resources. This area is IS designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing private pier, with the addition of four fixed finger piers, a piling -less dual hinge I-beam gangway and floating dock, including the construction of two boat lifts, increasing the slip count from zero existing slips to a total of three slips. According to the application materials, the property owners are proposing to extend a piling -less gangway to the north from the waterward end of the existing fixed covered platform. The piling -less gangway and its support arms would extend 13' waterward, providing access to a floating dock (8' x 22') that would be oriented parallel with the shoreline, serving as slip 3. The purpose of the piling -less I beam gangway is to provide access to a floating dock that is past the USACE setback line (without driving pilings) and to have the proposed floating dock located in deeper water to potentially lessen resource impacts to shallow bottom habitat. The USACE Navigation Section has provided prior approval for this encroachment in an email dated 10/13/22 (a copy of this email is included in the application materials). The proposed floating dock would be located in water depths ranging from -0.5' to -1.2' @ NLW (verified on site by DCM staff). The proposed boat lifts (2 @ 14.5' x 16') would be located to the east and west of the existing covered gazebo, and each boat lift would be accessed by two finger piers (one 7' x 4' and one 14' x 4') extending waterward from the northwestern and northeastern corners of the existing covered gazebo. According to the work plan drawings, the applicant's proposal is located within their riparian corridor, and within '/4 of the width of the waterbody, which measures approximately 406' across. The proposed floating dock would extend approximately 12' past the USACE federal channel setback, without utilizing any pilings driven past the setback. 10. ANTICIPATED IMPACTS The proposed docking facility, would result in the additional incorporation of 808 sq. ft. of Estuarine Waters and Public Trust Area. The existing facility currently incorporates 831.5 SF of Estuarine Waters and Public Trust Area. The proposed expansion extends approximately 12' past the USACE setback (without pilings) and a total of 70 ft. into the waterbody (from the edge of marsh) which measures approximately 406 ft. across. This distance conforms to the pierhead line and width. This area is designated as PNA, and the proposed floating dock would be located in water depths ranging from -0.75 to -1.2 at NLW. The piling -less design would prevent the installation of physical stops on the floating dock. The proposed boatlifts would be located in water raging from - 0.2' to -0.5' at NLW. Minor increases in turbidity should be expected during construction. The total area of platform was calculated as follows: Shoreline length = 120 ft. x 8 ft. = 960 SF allowable Existing Fixed Access Pier = 80 ft. x 6 ft. = 480 SF (not counted for shading, access credit) Existing Fixed Covered Platform = 18.5 ft. x 19 ft. = 351.5 SF, Proposed Floating Dock � 8 ft. x 22 ft. = 176 SF Proposed Fixed Finger Pier = 2 @ 7 ft. x 4 ft. = 56 SF Proposed Fixed Finger Piers= 2 @ 14ft. x 4 ft.= 112 SF Proposed Boatlifts = 2 @ 14.5 ft. x 16 ft. = 464 SF, (not counted for shading) Total Counted sq. ft. = 695.5 SF Submitted by: Patrick Amico Date: 12/20/22 Office: Wilmington SF-G, Southern environmental Gr-oup, Inc. 55 15 SoutL Collcgc Road, Suite E Wilmington, NC 21+E z 2206 East Yacht Drive Oak Island, Brunswick County, NC CAMA Major Project Narrative Prepared for: Mr. Brian Shugart 1880 Woodstock Road Clemmons, NC 27012 Prepared by: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 RECEIVED Date: NOV 18 2022 10 October 2022 DCM WILMINGTON, NC 2206 East Yacht Drive CAMA Major Permit PN �)F Cli 1) Project Information: a) Applicant Contact Information: b) Brunswick Co. Parcel ID #: c) Project Location: d) Project Size: e) Waterbody: f) Width of Waterbody: g) DWR Water Classification: h) Primary Nursery (PNA): 2) Project History: Phone: (336)529-7285 Email: briandshugar(@Yahoo.com 235GA030 (see Attachment 1) 2206 East Yacht Drive (see Attachment 2) fl- 0.49 AC (see Attachment 1) Atlantic Intracoastal Waterway (ICWW) Approximately 445 linear feet (see Attachment 3) SA;HQW (see Attachment 4) This area is classified as PNA (see Attachment 5) The Applicant purchased the property in 2020 and was told, by the realtor, that he could have a dock. It wasn't until the Applicant went to obtain a permit, from the Division of Coastal Management (DCM), that he became aware of the inability to secure a permit for boat lifts and/or floating structures, at this location. In order to be able to take advantage of his riparian rights, the Applicant secured a CAMA General Permit and installed a 80' x 6' fixed pier and 18.5' x 19' fixed and covered, observation platform (see Attachment 6). As part of that permit process, the Applicant enlisted Stroud Engineering, to survey the mean low water depths, at the site. The work was undertaken on 8 March 2021, using NAVD 1988 MLW Datum, where 0.00' MLW equals 2.57' NAVD 1988 (see Attachment 7). The structure was built as per the approved plan. 3) Proposed Project: The Applicant is seeking approval to install eight (8) pilings, 14.5' x 16', for two (2) 12 ton boat lifts; one (1) 22' x 8' floating platform (i.e., taxi dock); two (2) 4' x 4' finger piers and two (2) 7' x 4' platforms, which will all be accessible by the existing dock and gazebo. A pileless gangway will be used, in place of pilings, to secure the floating platform to the existing covered, fixed platform. The floating platform will be used for loading and unloading only and will not serve for overnight docking. To ensure the proposed structures will not negatively affect the substrate, the platform will include permanent stops, to keep the structure from resting on the bottom, during low tide. Additionally, the lifts will be installed so they can only be used in water depths greater than 18". This can be achieved by limiting the length of the cables. Please see Attachment 8, for details of the proposed work. Equipment, such as a barge and pump will be used to install the pilings. If necessary, the barge will be moored, when not in use, in an area where it will not rest on the bottom. Typical building materials will be used to construct the floating platform and finger piers. 4) Purpose and Need: The purpose of this project is to provide access to Public Trust Waters, through the installation of two boat lifts and a floating platform, at Mr. Shugart's waterfront property, in Oak Island, North Carolina. 5) Existing conditions: The project site is located on a relatively narrow (i.e., —433') Atlantic 1CWW, where boat traffic is very heavy, especially from March through October. The area is not a protected, No Wake Zone, and wave action has caused the accumulation of sediment to take place, waterward of the existing bulkhead. Coastal wetland species (i.e., Smooth Cordgrass (Sparlina alternaflora)) can be found under and east of the existing pier but not within the proposed work area (see Attachment 9), Substrate within the area of the proposed work is comprised of a layer of compacted muck, overlain by a relatively thin sand layer, with sparse shell matter (see Attachment 9). According to the Division of Marine Fisheries' (DMF) Submerged Aquatic Vegetation (SAV) Overlay .kmz file, SAV has not been mapped and based on numerous on -site evaluations, do not typically grow, within the area of the proposed worMO 10). According to the Mean Low Water Depth Survey, water depths in the location of the proposed work range from -0.2' to -1.2' MLW (see Attachment 8). NOV 18 ?n?? F)CM WlI- Vage1*of 22 2206 East Yacht Drive CAMA Mai or Permit PN There are two docks, with floating platforms and boat lifts, on the west and east sides of the project site. The western structure is approximately 120' long and approximately 37 linear feet away from proposed slip #1, while the eastern structure is approximately 110' long and, at its closest point, approximately 89 linear feet away from proposed slip #2 (see Photos I & 2 below). The western dock is within the 15' setback. Photo 1 Distance between adjacent western and project docks Photo 2 Distance between adjacent eastern and project docks Since the project site abuts the Atlantic ICWW, the development is restricted by the US Army Corps of Engineers' (USAGE) Navigational Channel Setback line (see Attachment 11). SEGi submitted a copy of the proposed plan to Mr. Justin Arnette, with the USACE Navigation Unit, who said the agency has no comment on the proposed project, as long as there are no pilings, waterward of the USACE's Navigational Channel Setback line (see Attachment 12). It should be noted, an evaluation of aerial photos revealed the majority of the docks, built along this section of the ICWW, contain boat lifts and floating docks and do not have 2' of water at normal low water. In fact, a good number of them have little or no water during that time. Many of those docks, including the two adjacent docking structures, also extend beyond the USACE's Navigational Channel Setback. Please see Attachment 13 6) Threatened and Endangered Species: To ensure protection of the West Indian manatee (Trachechus manatus), the work will be undertaken between November I and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Attachment 14). 7) Shellfish The area is closed to shellfishing (see Attachment 15). During SEGi's field evaluation, which occurred on 8/10/22, no shellfish were observed within the proposed work area (see Attachment 9). S) Adjacent Riparian Property Owner Notifications: In accordance with 15A NCAC 07J .0204(b)(5), the adjacent riparian property owners (APO), as identified in the permit application, have been notified via certified return mail. The notification included the application and site plan, for the proposed development, as this project requires a CAMA Major Development Permit Application. According to the Brunswick County GIS, the following are the adjacent riparian property owners: Map Number Parcel ID Owner Mailing Address 1 SE 22"d Street Town of Oak Island 4601 East Oak Island Drive, Oak Island, NC 28465 2 235GA029 Mitchell Rowell PO Box 237, Indian Trail, NC 28079 RECEIVED �,iu iILnry i,dvc uccu ttuiuteu. rtease see nitacnment io, ror copies or me cernnea man reeetprs, NOV 18 2029 Page 3 of 22 DCM WILMINGTON, NC: 2206 East Yacht Drive CAMA Major Permit PN i 9) DWR Pre -Filing Request Requirement: SEGi submitted a Pre -Filing Request Form to the DWR on 8/10/22 (see Attachment 17). Additionally, on or about 7 July 2022, SEGi spoke with Ms. Holley Snider, with the Wilmington Region Office DWR, who recommended the Applicant submit the CAMA Major Permit Application, for official review. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action, on this CWA 401 certification request, within the applicable reasonable period of time. Summary: In summary, the Mr. Brian Shugart is seeking authorization, in the form of a CAMA Major Permit, to perform new work, within Public Trust Waters, at his property, that abuts the Atlantic ICWW, at 2206 East Yacht Drive, in Oak Island, Brunswick County, North Carolina. RECEIVED NOV 18 2022 DCM WILMINGTON, NC Page 4 of 22 2206 East Yacht Drive CAMA Major Permit PN i Attachments Description Page I Brunswick County GIS Aerial, Deed and Parcel Information 6 2 Vicinity Map 7 3 Width of Waterbody Exhibit 8 4 Division of Water Resources Water Classification Map 9 5 Division of Marine Fisheries Primary Nursery Area Map 10 6 CAMA General Permit 77634 11 7 Stroud Engineering Mean Low Water Survey 12 8 2206 East Yacht Drive CAMA Major Site Plan 13 9 August 10, 2022 Site Photos 14 l0 Division of Marine Fisheries Submerged Aquatic Vegetation Map 15 11 US Army Corps of Engineers Navigational Setback Aerial 16 12 USACE Navigation Unit Email 17 13 Aerial Photos of Oak island Section of ICWW 18 14 "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" 19 15 Division of Marine Fisheries Shellfish Closure Map 20 16 Adjacent Riparian Property Owner Certified Mail Receipts 21 17 Division of Water Resources Pre -Filing Request 22 RECEIvsia NOV 18 209 DCM WILMINGTON, NC Page 5 of 22 BOU NP-1 APPLICATION for Mayor Development Permit past revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Na 2206 East Yacht Drive Applicant 1: First Name MI Last Name Brian Shugart Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1880 Woodstock Road J- Clemmons NC ZIP Country Phone No. FAX No. 27012-9780 us 336 - 529 - 7285 ext. Street Address (if different from above) City State ZIP Same _ Email briandshugart@yahoo.com 2. Agent/Contractor Information Business Name Southern Environmental Group, Inc. - (Segi) Agent/ Contractor 1: First Name MI Last Name Dana A Lutheran Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 South College Road, Suite E Wilmington NC ZIP Phone No. 1 Phone No. 2 28412 910 - 228 - 1841 ext. ext. FAX No. Contractor # NA Street Address (if different from above) City State ZIP Same Email diutheran@segi.us RECEIVED <Form continues on backs NOV 16 2022 252-808-2808 .. 1-888-414Cq,d ST www.necoastaimanagem4jGLMWILMIN�,j-0,N !N Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 2206 East Yacht Dr. NA Subdivision Name City State Zip NA Oak Island NC 28465 - Phone No. Lot No.(s) (if many, attach additional page with list) NIA- - ext. NA, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear(030300050802) AICWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AICWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Oak island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —107 LF 0.49 +/- c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 8' ®NHW or ❑NWL e. Vegetation on tract The project site is a maintained single family dwelling, with typical ornamental trees, shrubs and grasses. Beyond the existing bulkhead, Spartina alternaflora can be found on the east side of the existing dock (see attached Project Narrative, for Existing Conditions photos). f. Man-made features and uses now on tract Currently there is a single family dwelling, with associated driveway, a bulkhead, along the northern side of the property, 80' x 6' fixed pier, and 18.5' x 19' fixed observation platform, extends waterward of the bulkhead (see attached 2022 GE Aerial). g. Identify and describe the existing land uses adiacent to the proposed project site. Residential is dominant land use adjacent to the project site. However, NE 22nd Street, which is a dead end road, is directly to the east of the project site (see attached Project Narrative for Adjacent Riparian Property Owner Map). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Single family (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next pages RECEIVED NOV 18 2022 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagem Mr lllMINGTORI, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. The project does not reqire wastewater treatment. o. Describe existing drinking water supply source. The project does not require drinking water p. Describe existing storm water management or treatment systems. The upland development was authorized through the Town of Oak Island. The project does not propose any new built upon area. S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to install two boat lifts and one docking platform, in order to access and utilize Public Trust Waters, from a single family property, with dedicated riparian rights. The property owner will utilize the facility at his leisure. 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. The pilings will be installed by either jetting or hammering. Installation of the proposed floating structure will entail assembling the structure on dry land, floating it into position, and connecting it to the existing, 18.5' x 19', fixed platform, with the pileless gangway. A small boat and barge will used to install the pilings, which should not take more than one day. The remaining work will take place shortly thereafter. Traditional building materials will be used in the construction. d. List all development activities you propose. The proposed work entails the installation of pilings to support the two (2) proposed 7' x 4' uncovered, fixed platforms and two (2)14' x 4' finger piers, as well as the installation of the six (6) pilings, to be placed 14.5', outside to outside and from bow to stern, and 16', on center and from port to starboard and on each side of the 14' x 4' finger piers (total of twelve (12) pilings), for two (2) 12 ton boat lifts, and a 22' x 8' floating platform. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NA i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ONO ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA RECEIVE® If yes, attach a mitigation proposal. Form continues on back> NOV 19 2022 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net ` NC Form DCM MP-1 (Page 4 of4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted In orderfor the application package to be complete. !tams (a) — (0 are ahvays 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-sectiona[ 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 Miision of Coastal Management. Name Rowell, Mitchell & Beverly Phone No. Address PO Box 237, Ind[an Trail, NC 28079-0237 Name Town of Oak Island - Mr. Steve Edwards Phone No. Address 4601 East Oak Island Drive, Oak Island NC, 28465 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. CAMA GP 77634 (see attached) 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. I I3A 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. 1 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—10/10/2022^ Print Name _Dana Lutheran on behalf of Brian Shugart ("Applicant')_ Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MPA Structures Information UCEIVE[) NOV 18 2Q21. 7$'e�-`J; t)a't-3g if{ .. '�-$78-4s•P�C. f3 l�t5� .. kli 1PJ l�J.E3C C.4�5� :l�eYanfaC�F•Ei7 r�rE$_nut ; )r,M WILMINGTON, NC; Form DCM MP.4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government NPrivate/Community ❑ This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? NYes ❑No (it) Number 1 (Component 11 If yes: (tii) Length 80, (ii) Number 2 (Components 4 & 5) (iv) Width 6' (iii) Length 14' (v) Floating ❑Yes NNo (iv) Width 4' (v) Floating ❑Yes NNo e. (i) Are Platforms included? NYes ❑No f. (i) Are Boatlifts included? NYes ❑No If yes: If yes: (ii) Number 2 - Components 3A & B and 6 (fi) Number 2 (Components 9 & 10) (iii) Length Components 3A & B - T / Component 6 - 22' (iii) Length 14.6 from outside to outside (iv) width Components 3A & B - 4' / Component 6 - 8' (iv) Width 16' on center (v) Floating NYes NNo Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies N Dockage ('vet slips") only, number of slips: 1 N Dry storage; number of boats: 2 ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel runabout, 'at ski ❑Open water; no dredging required ®Other; please describe: Open water, where dredging prohibited due to PNA designation k. Typical boat length: 35 RECEIVE® NOV 18 ?0?? DCM WILMINGTON, SIC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have tie pilings? (i) Will the facility be open to the general public? ❑Yes NNo ❑Yes NNo (ii) If yes number of tie pilings? 0 2. DOCKING FACILITY/MARINA OPERATIONS N This section not applicable a. b. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: 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. i. Give the number of channel markers and "No Wake' signs proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED Nov 18 2022 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: wrww.nccoastalmanaaament.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal 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 ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3, BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑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 (ili) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliclGovernmenl ❑PrivatelCommunity c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCQAST :: www.nccoastaimanagement.net revised: 12/27/06 Fo rra DQW-9 Pj`jid-fir (Structuess, urge 4 v-V A-) e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Approximately 32.5' from the western riparian property line and 25' from the eastern riparian property line. Note: For buoy or mooring piling, use am of swing including length of vessel. e. Width of water body Approximately 455 LF e. p) Will navigational aids be required as a result of the project? ©Yes ONo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. Approximately 54' from the western adjacent structure and 80' from the eastern adjacent structure. d. Water depth at waterward end of structure at NLW or NWL -1.2' NLW &. OTHER ❑This section not applicable a. Give complete description: T The floating platform will have permanent stops incorporated into the design and the boat lift rabies will be limited to keep the lifts from being used when water depths are less than 1F and to keep the platform and bunks from resting on the bottom, at any time. 10 October 2022 Date 22GS East Yacht Drive Project Name Brian Shugart Applicant Name Dana Lutheran for Brian Shugart Applicant Signature CF1V N O v 1E F)CM MUM.' 252-508.2308 :. 1-883-1Kis'OAST revised: 2IRVas dlutheran@se Lus From: dlutheran@segi.us Sent: Thursday, August 11, 2022 10:40 AM To: '401 PreFile@ncdenr.gov' Subject: 2206 East Yacht Drive 401 Pre -Filing Request Project Name: 2206 East Yacht Drive CAMA Major Permit Applicant Name: Brian Shugart Address: Same as project, Oak Island, Brunswick Co. Consultant: SEGi — Dana Lutheran (910.228.1841) Project Description: Install two boat lifts and a floating platform 50uthern environmental GOUP, Inc. 5515 South College Koad,5uite F Wilmington, NC 28412 ['iron e. 910.45 2.271 1 Mo6ile:910.228.1 841 (preferrecD www.5egi.us RECEIVED NOV 18 2022 Page I of I i DCM WIL.MINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality December 20, 2022 Southern Environmental Group INC C10 Dana Lutheran 5315 South College Road, Suite E, Wilmington NC 28412 Dear Ms. Lutheran: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Brian and Susan Shugart for State approval for development of the subject property located at the at 2206 East Yacht Drive, in Oak Island, Brunswick County. It was received as complete on November 28th, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 11, 2023. 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 November 28th 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, Patrick Amico Field Representative cc: Cameron Luck, DCM Kim Harding, DMF Courtney Milliron, LPO Greg Curry, USACE Holley Snider, DWR Brian and Susan Shugart, Applicants D \E\\ QUA Ogwdor�l q 6rvba�nW QUM North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 07 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796,7215 ROY COOPER Governor NORTH C UNA Enwronine,;ral Quality December 20, 2022 Gan LegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Karen and Mike Hobbs • Brian and Susan Shugart Hello: Please publish the attached Notice in the Friday, December 23, 2022 issue. ELIZABETH S. BISER Secrelary BRAXTON DAVIS Director, Division ofCoaslal Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. * ** "Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. (Customer No. 489895) Thank you for your assistance. 4 incerely, nya K. ' tila Perinitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR LAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permit in Areas of Environmental Concern as designated under the CAMA: On December 16, 2022 Karen and Mike Hobbs proposed to construct an additional docking facility w/ the construction of a new access pier & two (2) new boat lifts for a total of three (3) proposed slips at 131 Fayetteville St., adj. to theAIWW in Holden Beach Brunswick County, And on December 20, 2022 Brian and Susan Shugart proposed to expand an existing private pier w/ the addition of four (4) fixed finger piers, a piling -less dual hinge gangway & floating dock, and two (2) boat lifts increasing the slip count from zero (0) to three (3) total slips at 2206 E. Yacht Dr., adj. to the AIWW in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 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 January 13, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Attachment 2 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 8/12/2022 Name of Property Owner Applying for Permit: Mailing Address: 1180 Woodstock Rd. Clemmons, NC 27012 I certify that I have authorized (agent) . 5outhem EaviroDmental Group, Inc. to act on my behalf, for the purpose of applying for and obtaining all LAMA Permits necessary to install or construct (activity) two boat lifts, a finger pier and floating platform , at (my property located at) 2206 fast Yacht Dave, Oak Island, North Carolina This certification is valid thru (date) unf;l the nrWaot ,s complete Property Owner Date RECEIVED NOV 18 2022 DCM WILMINGTON, NC Ln Ln m ru Fee r� 14. DO 0684 rur 03 M 6 $6.06 H- C3 $ P.,Uo-- 10YI312022 $8.93 C3 ru C3 9�64f---- t, RECEIVED NOV 18 2022 DCM WILMINGTON, NC 2206 East Yacht Drive CAMA Major Permit PN i Attachment 2 Vicinity Map NOV 13 2022 Page 7 of 22 0CM WILMINGTON, NC 2206 East Yacht Drive CAMA Major Permit PN C3F Cli Attachment 3 Width of Waterbody Exhibit RECEIVU) NOV 18 20 DCM WILMINGTON, NC; Page 8 of 22 2206 East Yacht Drive CAMA Major Permit PN i Attachment 4 DWR Water Classification Map Intracoastal Waterway 924 .' ...,_,...,_,�• �""'+,......, x5 �; s s (��,' .yc '' 3 b p t i a , _ Invacoaswl 1Na:e-�roay �Y y F.orn a line cross;, ICWW so th of SR 1112 to Cape Fear R;,er Basi_, R'-"v Ps' LBR ; 1. :. 03030M 1 µ•: 403.511 S Acrea r dex a 55-25 ean, SA:HQ1N Lcn^.to ... i RECEIVED NOV 18 2022 DCM WILMINGTON, NC Page 9 of 22 2206 East Yacht Drive LAMA Major Permit PN _ 5L_SL Attachment 5 NC DMF Primary Nursery Area Map -- - -- r--------- ---------I- I----- -------- RECEIVED NOV 18 202.2 DCM WILMINGTON, NC Page 10 of 22 z v 1 v Z N W >? moo^ by Q� uz I.q CHANNEL WROTH ------y----�-- --- ... F l aP ---1----1 --```j - W ••a_ - r S(�O 15 wwrn z Gn� I 1 ' ' I J z in SETBACK US ICWW I i � � o a a I l �, Ic, I I ' I L �_ a w aa�o� o li ' 1 YI 2YK0Vf Qo w0 -OZ N OK1 �1 u' IZ ¢N�aa'o �� O d 1 NI ?A Ia IQ all-W�o~w0 �I is Q Z Z W 3oz Zw>oaQOQQ OM_ W >zI 1 1 ` QZtn2••V1N izam I I> iD \� dl •--ii �I ,\• I 1 I vl2wzU -owl- 1 7 a li IN - �I ' I i I ��aQ IW u LLxJ Ix Q v>a-�U O Y 10 IZ IQ ti ti ry ' I O o z <O�OZ IOw Q O IJ IJ NS ZN�cw.)N >w3 w- NI z to w�00YxrQ S83°19'19"E $L> >. EX. �866 BULKHEAD �a�v2aV, w�wz��aa 1n N J0 4CNIJ 6.86 $ F w w oouw ¢ Qo v U1 Ln --g EragoU 1- via �O to M O NQ to W M OD 3 M M wo c 'n O M 6 O Z •'L VI a¢� => R/W US ICwW a I zoW w R/W US ICWW � W z�a J O p Ln W ; WSW LL11 Z U I1 _ o In V 3 WWQi Q O c M U� O JW O 'n N M Q, M1 (7 J c� is O V O M OCc Q O e o Kll N J" J� W w I•I w w VO M Z Z . CO O O M O .-. 00 O O V Q w OD z W LLJ LLIm�Q N p Q 60.16' a ZCDo 27"W "' waCL CL w3Z N83°53 W _ ui Z CD to cr Ih — — — 30N om E. YACHT DRIVE - .----- ----------- r Y T_ n - - - - - - >oo -------- �,0- mmm ZQ J N�0 OZ� �w 0 > w O J w Length of Shoreline: 145' Existing Platform Area: 351.5 SF Proposed Platform Area: 168 SF Total Platform Area: 519.5 SF Number of slips existing: 0 Number of slips proposed: 3 Wooden, permanent "stops" are to be placed at 18" above the substrate, on the lifts and floating platform. The substrate is packed, mucky sand, with little or no shellfish and no SAV Note: This map has been modified to depict the existing and proposed structures, both the Applicant's and neighbors. These are approximate locations and AICWW g components tih •� measurements and were not surveyed. R�fm` fiogepe Horm6 ' wi pi gang wo see ' com nt 3A pone Proposetl Tx 4' stops lip CHANNEL WIDTH Mc plattortn ------ /anen -----�--cti------- -5' ' -----•'�—' — —�-- 3-- Component a 3 — — — — _ \ i Proposetl ]' x 4' 1 finger platform 1 1 r SETBAC i ICWW 1-3zs O 4 1 i l • I 5 Oz o 1 • I � I a Approx mate location of a 2 [oat lift tloc Yacht Dr cility I et 22o4EYacht Dr. 1 I //? � 1 �_f • C 1 I = ' I0 I 1 / I Componentl0 Proposetl boat I ICJ p 1 Compon t 9 I t lim4 5 nbwootleh j lift 4.5'x16)wtlp L R\\\—\ Pe Psanent wootler� 0 'Gal I � oI Ietope n n I� [J Components 485 2 - Proposetl 14 x 4' COmPon t2 Existing 185' 19' (flt fi-d --etl_; U X finger piers Qf platter r� u Go OI d 0 I a IQ U Z QI 1/II ComgyoerRt -Id �1 Z 1 x 6' Pier \y I ShRltetl9ea0' 1 \,/ II I I \.✓ I II Approx Coestel �IV� ' / 1 I 1rry 1 Wetland Line I "/ y✓ 1t I t R/W US ICWW CAMA Major Permit Dock Plan for Mr. Brian Shugart 2206 East Yacht Drive, Oak Island 6 October 2022 Sheet 1 of 1(v2) z - -Pier Head Line Approximate location of 20'x 13'""' platform, -- 13'x 13'floating platrorm and boat lift, at 2302 E Yacht Dr. ti �l 583"79'79"E Sz e: EX. BULKHEAD N 46. 86" g! 'S�berss w W n — — — a w -139, unQ U; ;4,w00 `n Ln a M O c `r' o I 4 R/W US ICWW a_ w I rsl LI_I LI- �/ Town of Q 3 I-- Oak Island Vi N rn N Q � 0o MI 1 Ni LL.1I CO ZI I 60.16r \ a I I N83e53r27//W I DRIVE I ------ E. YACHT _--------.-----•- 0 O O � IIh q a s ¢�� W —VW J N_arn 2 XCX WO.W lit U O ¢ IM1 U Z (] !n �Lr) V T ^ 0 O Lill O W c)wL 4 0 m^a L .I < LJ X0-a_ W � Z Irm- WPM Cr `_ V In Y omcN V) LL1 O >60 �^ Za3 X m00 N� oz� 0 LLB a o LEI > O C LLI 0 J W a roastal el lands est�i 1,V"wrn closest dock. v+ilh Flis and substrate iii the area nI'd work Eastern closest dock" sIlbOtte in the area of ll� area ol'thc proposed cork Dock n itlf lilts and Iloaler actUsy IC .ii 11.'frum NI.. = project siteAftir r 7.7 f r2;4' l Dock ith lilts and floater across IONAN From hrojcct site 2206 East Yacht Drive CAMA Major Permit PN ,C�17 CI], Attachment 10 Google Earth with SAV Overlay RECEIVE[ NOV I B 2422 $)t„ M WILMINGT'ON, NC Page 15 of 22 2206 East Yacht Drive CA_MA Maior Permit PN ,9r Cii Attachment 11 USAGE Navigation Channel Setback Aerial RECEIVED NOV 18 2022 DCM WILMINGTON, NO Page 16 of 22 From: Annette. Justin R CIV USARMY CESAW (1-154 To: drutheranrafseai.us Lc:"Arnim. Patrick P' Subject: RE: [URL Verdict: unknownJ[Non-DOD Source] RE: [External] 2206 East Yacht Drive, Oak Island CAMA Permit Site Plan Date: Thursday, October 13, 2D22 6:25:24 AM Dana, That meets what we discussed. That is an interesting change in design, I like it. Thanks. Justin Justin Arnette Team Lead Cartographer Landuse Coordinator Wilmington District U.S. Army Corps of Engineers 910-251-4196 iustin.r.arnette@usace army -mil From: dlutheran@segi.us <dlutheran@segi.us> Sent: Wednesday, October 12, 2022 1:18 PM To: Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.army.mil> Cc: 'Amico, Patrick J' <Patrick.Amico@ncdenr.gov> Subject: RE: [URL Verdict: Unknownj[Non-DoD Source] RE: [External] 2206 East Yacht Drive, Oak Island CAMA Permit Site Plan Hello, Justin. Attached is the revised plan, with the floater moved back 5'. Please feel free to call with any questions or concerns. Dana rjouthem E-nvimnmental Goup, Inc. 5315 south College Road, Suite E Wilmington, NC 26412 rkane: 910.45 2.2] 1 1 M.6ile:91 o.zza,i s+i (preferrecD From: Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnettei@usace.army.mil> Sent: Friday, September 30, 2022 9:57 AM To: dlutheranOsegi.us Cc: 'Amico,Patrick Y<Patrick.AmicoaC, nrdenr.eov> Subject: RE: [URL Verdict: Unknown][Non-DoD Source] RE: [External] 2206 East Yacht Drive, Oak Island CAMA Permit Site Plan Dana, Just to be clear, there is no pierhead line in the corps eyes. The setback line is the only line that my office looks at or takes into account. I know other agencies may look at and take a pierhead line into account but we do not as the setback is the line that restricts construction. Thanks. Justin RECEIVED NOV 13 2022 DCM WILMINGTON, NC FA ti ,ljf�yj? & . Ail United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office �a'g Post Office Box 33726 H s. Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 etseq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. RECEIVED 2, The project manager and/or the contractor will advise all construction personnel 1 8 2022 Page 1 of 3 DCM WILMINGTON, NC there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shutdown if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Page 2 of 3 RECEIVED NOV 18 2022 t)CM WILMINGTON. NC Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. flra Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. Are -evaluation of the mammals. Occasional Papers of the North Carolina biological SuptmOQV �I 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. Page 3 of NOV 10 202Z DCM WILMINGTON, NCB Y -01, 1, Ternl,c)i IV CIA)suity hdAr Vem!r whm I, eq,j (A,.,P:lt M -4K, -A�,I ; P—= &WIfig. C�W I I 099a Glow A— N.". h.. ,,; .,, '' I .. .. I , ,, :!. t F- I TA 1* in--, -- — To access official prodamartions, -- I tl,LJW��W , 7 To access maps of permanent closed P osure areas and written permanent descriptions, dick on the gtt)vohg area label in the map and then click on the 'Attachments' link that appears in the pop up window. AP.. JCAMA / DR DGE & FILL N 9 776311 # A B C ENE PERMIT Previous permit New ❑ odifi tion ElComplete Reissue ❑Partial Reissue Date previous permit issued As authorized by the tate North Carolina, Department of Environmental Quality and the Coastal the rces ommission in an area of environmental concern pursuant to 15A NCAC u Rules attached. Applicant Name Project Location: County . Street Address/ State Road/ Lot # s Address_ . �-. i1�1.�-11���1���t Lc.�} ()-- City� -- OKE-State �`� ZIP�1 l'_--V - - Phone # JMail __ Subdivision ._ —.— _--. - Authorized Agent- — City .-ow Ak�4--- -- — _ ZIP-1 CJ CWW*TA LJ ES ElPT5 Phone # (_- _) T River Basin Affected CJ OEA ❑ HHP CJ tH U UBA iJ NIA AEC(s): Adj. Wtr. Body — mat a unkn) _ n Pws: � _ w\ OItW: yes / nOrN o PNA yes no Closest Maj. Wtr. Body 61 Type of Project/ Activity VrVI t k.,/ (Scale:'t % 0 ) Pier (dock) length - Fixed Platform(s) Floating Platform(s) Finger pier(s) Groin length Bulkhead/ Riprap length _ avg distance offish �.� max distance off re . i- Basin. channel �j cubic yards — I Boat ramp Boathouse) Bo lift Beach Bulldo ing_. ! i , Other -- i Shoreline length SAM not sure yes l9 Moratorium: nja yes � ; • Photos: yes no WaiverAttached: yes A building permit may 6e required by: 1 Ll See note on back regarding River Basin rules. ( Note Local Planning )%, Isdictlon) kta, �j Notes/ Special Conditions Ag t or Applicant Printed Name S' nature Please read compliance statement on back of permit ** - 5 Application Fee(s) Check # A'I�'=:�,� NOV 13 2022 .''JoKfiNlersPri e a — %/f��i i C WILMINGTO N( Si re i(ok Issuing Date Expiration Date 2206 East Yacht Drive CAMA Major Permit PN 5F Cli Attachment I Brunswick County GIS Aerial, Deed and Parcel Information RE-CEIUED NOV 18 2022 ?ACM WILMINGTON, NG Page 6 of 22 llifll�lll�lllllllilll�f�lflflllll�ll $3�4�� ��-04D0 Brunsulek County, NC Register or deeds page 1 of 1 -3tum Rd Type otal Rev. lnl- k S Ck If •I_a_�.; __Cash $ eturtti Cash rortions of document are illegible due to condition of original. Wcumeot contains seals verified by original rs�•r meat the'r,}r v t he-1-1-jtpd or copied. —lul�TrulAt I•'I of C" I-V-r'lrptrj STATE OF NORTH CAROLINA INS" RUit[FNT OF COMBINATION COUNn OF BRUNSWICK prepared by: I -OWN OF OAK ISLAND Tf is Instrument of Ctiombiirarion is madt: this the I I lit day of February, 2020 by the owner Brian & Susan Shugart whose mailing address is 1880 Woodstock Rd. Clem mons, NC 27013, WITNESSETH: WHEREAS, the maker of this Instrument of Combination presently owns tax parcel 235GA030 and tax parcel 235GA030 in the Town of Oak Island, NC (formerly known as Lung, Beach, NC) by virtue ordeeds recorded in Book 4083 at Page 721 and Book 403 at Page 721 in the Brunswick County Regis" respectively; attd Wit the owner wishes to consolidate tax parcel 235CA030 and tax parcel 235CA030 into a single lot and tax parcel for compliance with Oak island Zoning regulations, all taxation, and assessment purposes only; and WHEREAS, this is a limited special purpose instrument for the purpose specified above and is not a conveyance and is a re-plat(ing oi'the property and does not change or modify in any mannor the ownership interest in the above mentioned property; and WHEREAS, upon execution and recording of this Instrument of Combination tax parcel 235GA030 and lax parcel 235GA030, Oak island, NC are hereby combined into a single lot and parcel for compliance wilh i }ak Island 'Zoning regulations, all taxation, and assessment purposes only. Description is as (allows: BEING all tax parcel 2351GA030 and tax parcel 235GA030 of Oak Island, NC f formerly known as Long Beach, LNC) as described in recorded deeds in Book 119 at Page 41 and Book 119 at Page 41 of the Brunswick County Registry, said lots having the metes, bounds and location as described herein. Il\' V4'I"f11E55 WI{ERI,OF, the rn et his hand and seal t - day and year fits] above written. (SEAL) - — — (SEAL) STATE OF NORTH CAjZ(I,INA*'***** COUNTY OF 13HUNSWICK i, (%�rr� Yam. _�r�, a Notary Public of said County and State, do Itereby certify that A_.____personally appeared before me this Jay and acknowledged the execution of the foregoing instrument. Witness my hand and official seal or stamp, this _ day of STAMP OR SEAL: Notary Public ►�LQ��y��� MyCommissianhxpites,_I7•"_/l,-." __—. NOTARY =z pUaLIG %y9 RECEIVED �ltltllMti�� NOV 19 2022 Page 1 of 1 :ACM WILMINGTON, NO 7126122, 2:52 PM BRUNSWICK COUMV Appralsal Card 711R1en» l.e•en eu HUGART BRIAN ETUX SHUGART StISAN Relum/Appeal Parval: 235GA030 Notes: 2206 E. YACHT OR OAK ISLAND 28465 OAK ISLAND PLAT: UNIQ ID 00119/00041 101812 0073888 ID NO:206613148730 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), OAK ISLAND (100), OAK CARD NO. 1 ISLAND FIRE (540) of 1 Reval Year: 2039 Tax ear: 2022 L-1R 8-151 S-10 TRANQUIL HARBOUR PL 119/41 2.0000 LT SRC= praised by 81 on 07/06/2020 306D OAK ISLAND - EAST TW-03 Cl- FR- EX- AT- LAST ACTION 14 08 20210624 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 3 ER. IQUALIRATE BASE Standa D.DDDoo Plers>Bft W Con 10.0 U5 MOD Area RCN EYB AYB REDENCE TO MARKET ub Floor System - 4 01 01 13,781 175 154.00 58227 02 02 %GOOD 100. DEPR. BUILDING VALUE - CARD 582,27 PI d/Ptl bd 8.0 TYPE: SINGLE FAMILY RESIDENTIAL SFR CONSTRUCTION EPR- OB/XF VALUE - CARD 64,58 ARKET LAND VALUE - CARD 560,00 Exterior Walls - 19 Hardy Plank 32.00 STYLE: 2 - 1.5 Stories OTAL MARKET VALUE - CARD 1,206,85 Roofing Structure - 03 Gable 7.0 Roofing Cover- 13 APPRAISED VALUE - CARD 1,206,85 Metal anding Sea 8.0(TOTAL Interiorr Wall Wall Construction-- 5 D all/Sheetrock 21,0 17• {!' a Tay TOTAL APPRAISED VALUE -PARCEL 1,206,85 nterfor Floor Over - I remit The 12.0 1! S f S 1{ 1 ; t TOTAL PRESENT USE VALUE - PARCEL to nterlor Floor Cover - 12 Hardwood p.0 M, tl• {' t P �'TOTAL TOTAL VALUE DEFERRED - PARCEL TAXABLE VALUE - PARCEL 1,206,85 Heating Fuel - 04 Electrlc 1.D N' fllf N' HeatingTlPe PERMIT Heat PumpOn 4.0 {' W �• CODE DATE NOTE NUMBER AMOUNT r Conditioning Type - 03 ntrdl 4.0 { 11' { 11' T . ]" 1 if eedrooms/Sathrooms/Half- Bathrooms 1' {- OUT: WTRSHD: /3/1 17.00 u. {• u s rY 7 SALES DATA _ i FF. INDICATE BAS� FUS - 3 LL - 0 U' �• fT' RECORD DATE DEED TYPE U / SALES PRICE Bathrooms BAS - 1 FUS - 2 LL - 0 000 AGE M R alf-eathrooms 4314 455 4083 721 2 020 7�OIBJ CO GW'� U Q V V 59500U'30061382 BAS - 1 FUS - 0 LL - O N' 0968 884 12009 2 994 WD WD U U Ie V 8250 BAS-OFUS-OLL-0 01 q 1 ua If OTAL POINT VALUE 124.00 BUILDING ADJUSTMENTS Market Deol n 12 .35 1.350 uellty 4 ABOVE 1.100iii, VERAG {• �. �!' l Ir 1' ze I Size 0.950(I' AL ADJUSTMENT FACTOR 1.41 AL QUALITY INDEX 17 �• HEATED AREA 3,343 NOTES Click on Image to enlarge SUBAREA OD DESCRIPTION OUN LTF H N UNIT PRICE ORIG % COND BLDGE AYB EYB ANN DEP RATE V % COND OB/XF DEPR. YALU GS TYPE AREA % RPL CS 30 2 2 8 LEVATOR (PASSENGER) NCRETE PAVING IER/DOCK(RESID) ECK COVERED ULK HEAD 0.000 0.000 0,000 0.000 0.000 J3 1 83 4 - i3 18,000.0 3.5 35.0 200.0 _ _ _ 202 202 202 2021201 201 202 2021 2021 201 S S S S S 10 10 10 1 10 1800 291 1400 32 264a 8A5 203 10 313 FOP 86 03 3986 FUS 130 09 1811 LLU 154 02 4774 FIREPLACE 1 -None 12 SUBAREA TAL OB XF VALUE 64,57 TOTALS 5,75 582,27 BUILDING DIMENSIONS aAS=S17W4S11E3S9E12N4E6S1E14N1ESS1E17N7E4N15W4N12W56Area:2036;FOP=S23W10N12W56N12E17SSE49Area:863;FUS=Si8E4S1E13S10E14NI 10E7N2E6S2E7N1E3NISW4N5W9S5W7N5W1455W7N5W9S5W4Area:1307•LLU=W6S4W12N8W3N12E5N18E17512E42516W4S5W17NiW7S1Wi5S1Area:1548•T TotalArea:5754 LAND INFORMATION HER r ]USTNENTS AND IROADUNIT LAND TOTAL HIGHEST AND USE LOCAL FROM DEPTH LND CONTES LAND UNT TOTAL ADJUSTED LAND OVERRIDELAND BEST USE CODE ZONING TAGS gEPTH SIZE MOD FACTF ACLC TO OT TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES FR WATERW 0104 R6 1 120 1 1B5 1 1.0000 1 0 1.0000 PS 280,000.0 2.000 LT 1.000 280,000.01 56000 TOTAL MARKET LAND DATA 560,00 [TOTAL PRESENT USE DATA Page 1 of 1 https:fltax.brunsoo.notAtsnotlAppralse[Card.aspx?parcel=235GA030&TaxYear-2022 RECEIVED NOV 18 2022 DCM WILMINGTON, NC 1/1 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 20, 2022 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucka-NCDENR.gov SUBJECT: CAMA Applicant: Brian and Susan Shugart Project Location: 2206 E. Yacht Drive, adj. to the AIWW, Oak Island, Brunswick County Proposed Project: The applicant proposes to expand an existing private pier, with the addition of four fixed finger piers, a piling -less dual hinge I-beam gangway and floating dock, including the construction of two boat lifts, increasing the slip count from zero to a total of three (3) 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 January 13, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule Project Name: County: Check No & Amoun PA� �qgqoo 3�f \,LD Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: Il. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: Ili. 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: lil(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quali $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applie IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: