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HomeMy WebLinkAbout20230214 Ver 1_CAMA Application_20230207DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Three Auditorium Circle, LLC. c/o Richard Penny Construction, LLC 2, LOCATION OF PROJECT SITE: 3 Auditorium Circle, adjacent to Banks Channel, in the Town of Wrightsville Beach, New Hanover County. Latitude: 34012'33,92" N Longitude: 77047'55.43" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 09/26/2022 Was Applicant Present -No (agent was) 5. PROCESSING PROCEDURE: Office - Wilmington Application Received 1/09/2023 DWR WQC Pre -filing date: 12/23/2022 Application Complete 2/02/2023 Day 30 for WQC Pre -filing 1/23/2023 6. SITE DESCRIPTION: (A) Local Land Use Plan -Town of Wrightsville Beach Land Classification From LUP - Conservation (open water) (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing -Municipal Sewer Planned - NA (F) Type of Structures: Existing — single-family residence, bulkhead, private docking facility with fixed pier, gazebo, floating dock, and floating jet -ski platform. Planned — remove existing docking facility, construct new gazebo, floating access dock with 3 slips, second floating dock with 1 slip, floating swim platform, and 1 boat lift. (G) Estimated Annual Rate of Erosion: NIA Source - NIA HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open water) 1,07ftt2(incor (C) Other —High Ground (D) Total Area Disturbed: 1,036 ft2 (-0,02 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: Closed 8. PROJECT SUMMARY: The applicant proposes to remove an existing docking facility and construct a new private docking facility with a gazebo, floating platforms and a boatlift for a total of 5 formalized boat slips. 3 Auditorium Circle, Three Auditorium Circle, LLC. Page Two 9. PROJECT DESCRIPTION The project site is located at 3 Auditorium Circle, adjacent to Banks Channel, in the Town of Wrightsville Beach, New Hanover County. According to the application, the parcel located at 3 Auditorium Circle has a maximum elevation of approximately 7' above normal high water (NHW) and is approximately 10,019 ft2 (0,23 acres). The lot has an existing single-family residence and private docking facility with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. The adjacent riparian parcel to the north has an existing single-family residence with a bulkhead and a docking facility. The adjacent riparian parcel to the south is a vacant lot that has a bulkhead and a docking facility. The project site has approximately 50' of shoreline frontage, currently stabilized by a bulkhead that approximates NHW. The applicant currently maintains a private docking facility with a fixed pier, measuring approximately 57' long x 6' wide, which terminates to a fixed gazebo. The existing fixed gazebo, measuring approximately 13' long x 15' wide, has a ramp that leads to an approximately 61' long x 7' wide floating dock. Adjacent to the south side of the floating dock there is an existing floating jet -ski platform that measures approximately 17' long x 10' wide. The existing floating jet -ski platform was permitted under CAMA General Permit 69193D to a previous property owner. We were unable to locate any additional permitting history for the existing dock structure, but according to aerial photography, it appears that the structure was originally constructed around 2006, The applicant was issued CAMA General Permit 87584D by this DCM office on November 7, 2022 for the installation of a new 58' bulkhead with one wingwall located 2' waterward of an existing bulkhead. As of the date of this report, the construction of the new bulkhead has been completed. The Town of Wrightsville Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The adjacent waters of Banks Channel in the project area are classified SB by the Division of Water Resources and this area is NOT designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to remove an existing docking facility and construct a new private docking facility with a gazebo, floating platforms and a boatlift for a total of 5 formalized boat slips. Once the existing docking facility is removed, the applicant proposes to construct a new private docking facility to accommodate up to five (5) vessels. An approximately 12' wide x 16' long gazebo is proposed to be constructed parallel to the existing bulkhead and would have a ramp that would lead to a proposed floating access dock. The floating access dock would extend perpendicular to the bulkhead and would measure approximately 6' wide x 108' long, The applicants propose that there would be 3 slips for vessels off the access dock; 2 slips off the north side that could accommodate up to two 40' vessels (Slips 1 & 5) and 1 slip off the south side that could accommodate up to a 20' vessel (Slip 2). At the end of the floating access dock, a smaller floating dock, measuring approximately 8' wide x 14' long, is proposed to extend south and create a "L-head". This smaller floating dock will have the potential to accommodate up to a 20' vessel on the side closest to the main channel (Slip 3). Landward of the proposed 8' x 14' floating dock and "Slip 2", a 14' wide x 30' long uncovered boat lift would be installed adjacent to the floating access dock (Slip 4). The applicants also propose to construct a floating swim platform, measuring approximately 6' wide x 14' long, in between the proposed boat lift and proposed gazebo (See Sheets 1 & 2 of 2). The proposed docking 3 Auditorium Circle, Three Auditorium Circle, LLC. Page Three facility would extend approximately 141' into Banks Channel and is proposed to be constructed up to the Town of Wrightsville Beach's pier headline. As proposed, the docking facility shall not encroach into either adjacent 15' riparian setback and the water depths in the proposed footprint range from approximately 9' to 13'. 10. ANTICIPATED IMPACTS The proposed new docking facility would result in the incorporation of a maximum of 1,036 ft2 of Estuarine Waters and Public Trust Area. The proposed structures would not encroach into the 15' riparian corridor setback requirement, would not exceed the width of the waterbody and would not exceed the Town's Pierhead Line. Minor increases in turbidity can be expected during excavation and construction. Shoreline length = — 50' x 8 sq. ft. = 400 ft2 (maximum allowable platform area) Proposed fixed gazebo (12' x 16') = 192 ft2 Proposed floating dock (8' x 14') =112 ft2 Proposed floating swim platform (6' x 14') = 84 ft2 Proposed boat lift (14' x 30') = 420 ft2 (not platform, open water, incorporated) Proposed floating access dock (6' x 1081 = 6.48 ft2 (access credit, not counted) Total = 388 ft2 Submitted by: Kelsey Beachman Date: February 7, 2023 Office: Wilmington MARINE Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality] 27 Cardinal Dr. Ext Wilmington, NC NC 28405-3845 RE: McCombs Major Permit Application Narrative Dear Ms. Kelsey Beachman, Richard Penny Construction, LLC 133 Sound View Drive N Hampstead, NC 28443 (910) 352-13.17 www.rpcmarine.com 20 January 2023 Mr. and Mrs. Marvin McCombs, representing Three Auditorium Circle, LLC, are requesting that a Major Permit be issued for the installation of a floating dock, covered platform, and boat lift at 3 Auditorium Circle, Wrightsville Beach, NC 28480. This structure with a total of five boat slips (4 wet and 1 dry) would be for the recreational use of the homeowner. There is currently a home on the property, and we would be replacing the existing floating dock, covered platform, and finger pier over the water. There was no SAV sighted and there are no visible coastal wetlands on the property. The pilings for this project would be set using a barge and vibratory hammer to reach the rated capacity (approximately 8-12' deep). Construction materials would be stored on dry land of approximately 1200 sgft. 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. Please contact me at your convenience should you have any questions. Respectfully yours, Richard L. Penny, NC General Contractor License No. 79403 RECEIVE' FEB 0 2 202.3 f)CM WILMINGTON, NC: DON MP4 APPLICATION for Major Development Permit (fast revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant) Landowner Information Business Name Project Name (if applicable) Three Auditorium Circle, LLC J461 Applicant 1: First Name MI Last Name Marvin McCombs Applicant 2: First Name Ml Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City Slate 117 Slingshot Rd Statesville NC ZIP Country Phone No. FAX No. 28677 USA 704 - 873 -7563 ext. - - Street Address (if different from above) Wght svi l le State ZIP 3 Auditorium Circle NC 28480 Beach Email bmccombs@mccombs-steel.com & aaron@tongue-and-groove.com 2. Agent/Contractor Information Business Name Richard Penny Construction, LLC (Dba RPC Marine) Agent/ Contractor 1: First Name MI Last Name Richard L Penny Agent] Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 133 Sound View Drive N Hampstead NC ZIP Phone No. 1 Phone No. 2 28443 910- 352 -1317 ext ext. FAX No. Contractor # NC 79403 Street Address (if different from above) City Slate ZIP N/A Email rick@rpcmarine.com RECEIVED Form continues on backs JAN o 9 202" c 252-F14f3-28Q6 1-888-4RCOAST . www.nccoastaimanagemont.not Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 3 Auditorium Circle Subdivision Name City State Zip Shore Acres Wrightsville Beach NC 28443 Phone No. Lot No.(s) (if many, attach additional page with list) N/A- ext. 14 , I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White River Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ZINatural ❑Manmade ❑Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed MYes ❑No work falls within. Town of Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) sot 10,019 c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 7 ❑NHW or [RNWL e. Vegetation on tract Grass, Planted trees, and shrubs f. Man-made features and uses now on tract Single family dwelling. g. identify and describe the existing land uses adiacent to the proposed project site. Adjacent properties are zoned for single family usage. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R (Attach zoning compliance certificate, if applicable) []Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa 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 page> RECEIVED JAN 0 9 2023 252-808-2808 :: 1.888-4RcoasT :: www.nccoastatmanageWMAMINGTON, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes j]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. No existing wastewater treatment, TOWB Sewer o. Describe existing drinking water supply source. TOWB water p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government OPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The property owner desires to install a new pier, covered platform/ floating dock, and one boat lift. 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. Pilings will be driven with a vibratory hammer/excavator, from a work barge. d. List all development activities you propose. There will be a covered platform and floating walkway/dock that will have a total of wet slips and 1 dry slip. 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? OSq.Ft or ❑Acres Temporary disturbance of approx. 1200 sgft over dry land. 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. N/A 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 ❑No RNA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. Form continues on backs RECEIVED JAN 0 9 2023 252-808-2808 :: 1-888-4RCOAST :: www.nccoastatmanage,NO MINGTON, NC Form DCM MP-1 (Page 4 of 4) 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 order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENF2. 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 Christopher and Alison Parker Phone No. Address PO Box 1612, Wrightsville Beach, NC 28480 unknown Name MJ Vacation Properties, LLC Phone No. Address 18402 Peninsula Cove Lane, Cornelius, NC 28031 828-244-7065 Name Phone No. Address g. A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA General Permit No. 87854, 11/07/22 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. 7. Certification and Permission to Enter on Land 1 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 07 Jan 2023 Print Name Richard L. Penny �� Richard L Richard L. Peed by nny Signature ��U Richard L. Penny Date:2023.01.07 Penny 16:42:06-05'00' Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information JAB! 0 9 20Z3 DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCCASi -- wrww.nccoastaimanagement.net 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 ®Private/Community a (i) Dock(s) and/or pier(s) (ii) Number 3 (iii) Length 10 8 ' , 14 ' , 14 ' (iv) Width 61 , 6 ' , 8 P (v) Floating 5JYes [-]No e. (i) Are Platforms included? ®Yes [_-]No If yes: 1 (ii) Number (iii) Length 16, (iv) Width 12 ' 8 " (v) Floating []Yes ®No Note: Roofed areas are calculated from dripiine dimensions. g. (i) Number of slips proposed 5 (ii) Number of slips existing 3 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel [20pen water; no dredging required ❑Other; please describe: k. Typical boat length: 18 ' - 3 5 ' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number _ (iii) Length (iv) Width (v) Floating ❑Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 16 ' (iv) Width is, 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: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boa[ ramps: ❑ Other, please describe: NA j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Olen runabout I. (!)Will the facility be open to the general public? ❑Yes [RNo FB 0 2 2O23 DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCQAST :. www.necoastaimanagement.net revised: 12127106 Form DCM MP-4 (Structures, Page 2 of 4) 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: ; Location: ❑ Showers ❑ 8oatholding 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? 1IRKCEIVFF) I. If this project is an expansion of an existing marina, what types of services are currently provided? FEB 0_2_ 2023 0CM WILMINGTON. NC 252-808-2808 :: 1-888.4RCAAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM NIP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [--]yes [--]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (OW), 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 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 Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑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.) [XThis section not applicable a. (i) Number (ii) Length (iii) 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 ❑PubliclGovernment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing r- [B o 2 2.02 DCM WIL.MINGTON, NC 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27106 Form ®OM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' to East / 15' TO West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 688' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 32' to East / 44' to West d. Water depth atwaterward end of structure at NLW or NWL 4 ' 10 " NLW 8. OTHER ®This section not applicable a. Give complete description: Date 07 January 2023 J461 Project Name Owner Marvin McCombs/Contractor Richard Penny Applicant Name Richard L. Digitally signed by • Richard L. Penny Applicant Signatu ep:21 _05,04, jy !R -.CEIvF-D 1' FU 0 2 2023 DCM WIL.MINGTON, NC 252-808-2808 :: 1-888-4RGt7AST :: www.nccoastaimanagement.net revised: 12t27106 ROY COOPER Governor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Director Three Auditorium Circle, LLC. c/o Richard Penny Construction LLC. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr, Penny; NORTH CAROLINA Environmental Quality February 7, 2023 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Three Auditorium Circle, LLC., for State approval for development of the subject property located at 3 Auditorium Circle, adjacent to Banks Channel, in the Town of Wrightsville Beach, New Hanover County. It was received as complete on February 2, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 18, 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 February 2, 2023, 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. Sinc rely, Kelsey Beac man Field Representative cc: Cameron Luck, DCM Three Auditorium Circle, LLC., Applicant USACE Holley Snider, DWR Tony Wilson, LPO 01-1 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 E Q uorsn+c�wouwa + nea.cnxn m ow� ,ll`� 910.796.7215 r r 0 11� -j IPr.. D _r n z ---A-n =O m� r OO n :U Dm -lpo rn-A ]D D On �O �z mD m r 0 O i ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director February 7, 2023 starnewslegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Three Auditorium Circle, LLC NORTH CAROLINA .Environmental Quality Hello: Please publish the attached Notice in the Friday, February 10, 2023 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, 12 7 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. �1 Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE ME�;� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office f 127 Cardinal Drive Extension { Wilmington, North Carolina 28405 rroan�caa- om.m�ia 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 113 A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the LAMA: On February 7, 2023, Three Auditorium Circle, LLC proposed to remove an existing docking facility & construct a new five (5) slip docking facility w/gazebo at 3Auditorium Cirn, adj. to Banks Channel in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Kelsey Beachman N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 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 March 3, 2023 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. kp lww It &rraan1.nw ate` /'� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Offlce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Three Auditorium Circle LLC — Bill McCombs Mailing Address: _3 Auditorium Circle,_ Wrightsville Beach, NC 28480 Phone Number: 919-291-5172 Email Address: bmccombs@mccombs-steel.com I certify that I have authorized Richard Penny, RPC Marine LLC , Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: New Dock and bulkhead at my property located at: 3 Auditorium Circle, Wrightsville Beach in New Hanover County. I 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. Owner Information: ,Sjgnature�l Print or Type Name OWNER Title Date This certification is valid through 12/31/2023 RECEIVE® JA N 0 9 2023 DCM WILMINGTON. NC ■ Complete Kern* 1, 2, and 3, ■ Print your name rind address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front it space permits. f. Article Addressed to, (} Ac o1i L v► A. Signature © Agent X- EI Addressee a. Received by fPdntcd Name} C. Date of D iyery D. is delivery address different from €iem 1? Elyee if YES, onter dallvery address below. 0 No 3, Service Type Ct Priority Marl EVTess& 1 1{ 1 1Isj y 1 f1I!iiI1I111 1 I1! ❑ Adult Signature f3 Registered Maillm II I I III II� � I I I I ❑ Adult Signature Restricted Delivery Q Renlstered Mail Restricted l�II I I'll�l�I ! t1 1 ❑ Cartired Melle Ge ary 9590 9402 5405 9189 0618 44 ❑ certified Mail Reatrieted delivery ❑ Return Rye, llpt far - ❑ Collect —n Delivery Restricted Delivery ❑ Signature Conflrmatl"TM z, A C3Rerte3uedDeliCon 7022 0410 0000,4299 5986 slricted Delivery �ation Restricted Delivery .. - I iover Z!,.7uu1 f 5 Form 3811, July 2015 PSN 753o-02-000-9953 Domestic Return Receipt . ■ 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 mallp€ece, or on the front if space permits. 1. Article Addressed to, L.�. f- 06 r--k l (0 2. __ 958D 9402 54Q5 9189 0609 53 0 Agent ❑ Addre: o. is delivery address different from item 1? L U Ye: if YES, enter delivery address below; ❑ No 3. Service Type ❑ Pftity Mail EMpresse ❑ Adult Signature. R Registered Mail— Q Adult Signature Restricted DOlivary • U Roglstered MaiS Restricted Q Certified MailO Delivery (3 Certified Mail Restricted Delivery ❑ Return Recelpt for 0 Coked oft Delivery - - e1wryRestricted Del"a Marchand se a StgnatureGonflrmatlonr a414d QLIpO 4299 5993 Li SignatureCorrrirmatlon Restricted delivery Restricted DeWery over PS Form 3811, July 2015 PSN 7530-02.000-9053 Domesdo Return Receipt ON 'NO-.JN1N !!M WOU EZOZ 6 0 NVC 0�AIB03�-J 119123, 11:19AM USPS.comD - USPS Trackingg Results USPS Tracking® �5 vaC��vn��r�,eS Tracking Number: 70220410000042995986 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) FAQs > Remove X Latest Update Your item was delivered to an individual at the address at 1:34 pm on October 24, 2022 in CORNELIUS, NC 28031. Get More Out of USPS Tracking: USPS Tracking Plus° Delivered Delivered, Left with Individual CORN ELI US, NC 28031 October 24, 2022, 1:34 pm See All Tracking History Text & Email Updates USPS Tracking PlusO Product Information See Less /\ Track Another Package Enter tracking or barcode numbers -n CD ro n w n RECEIVED JAN 0 9 2023 DCM WILMINGTON, NC https/tools.usps.com1golTrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70220410000042995986%2C%2C&tABt=faIse 1/2 U) rL v A ¢:r 3 m O m z rw Z�S. Zv — _ �o� ��aIK w 1 a 0 53 cmw. a M w to u� 3 -� v � 3 �• @ m v! .won IT rr wo�a m, t ^. 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I I cca on"�Itloi; I III i3m��/�'voii I I —Am 1 I :NII —H a3 w" 19NNVWD GNNV9 �-Od r — Z O m 3 0 SN 'H3'd3H 33HIAS1HDIN/M z� 3HS?JIJ wniNllilcrn / E = o a o O � o a SEN033N c w� W v H c 3 0 - SSWPPVMfwd a>v N ra o m0. d76 1u0HgnOdH1 S310N QW 3SIA36 E2/61/1 2 J Z m' C H Z 3 SA t ` d316 3nSSI VWV3 22/LO/1 1 "� m n V m w w z. -a IRE a J Z d-] 1 3(1SSI 13tlbQ 22/L021 Q U N E LL m .10 a Z m N ❑I�.I'/A313 /8 uoPduosap uolsmaa WO 'oN uoildu�sap Iaayg � = rn w rn CU a 0U r a it Q 3 _ — — — o �I II I —III m�LL 00 W iV Lu Q2 — LO w �I II � III I II I I I III I I I Iil�l EII�II 1��11 I 31Mill� I I 1�111 1I- � - lll II II I I�III�I I I �II�II III'='IIIIIIIII=1��1 I I II I II ICI �I Il 1I- -� �I- I11 II IIIIII I 1I- Y o11 z IlIICI II -I II 1 I o II- III Imo_ 17 1�I��I I�I�I�II I 11I I� I �TI��I i 11 l 1 I- 7� 31- - IIII EEM - I I-1 -i-.I I 1��II I�I�� IIIIIIII I I -I - �II I�II1�11� II I - I E=-I I I - Izzi � i I�I�1111'�r = 1 I -I IIIII- I I ��IIII 1 �11�1 3 �1 11 111I F � I = I Book 6577 Page 809 BK: RB 6577 PG: 809 - 811 RECORDED' 07r0112022 11:01:66 AM Br ANDREA CRESWELL ASSISTANT NO FEE $26.00 2022024670 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH PNER REGISTER OF DEEDS EXTX $10700.00 ELECTRONICALLY RECORDED THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATE OF NORTH CAROLINA Tax ID No.: R06308-027-005-000 COUNTY OF NEW HANOVER REVENUE STAMPS: $1 0, 700.00 This property was the Grantor's primary residence. Property Taxes are paid thru_. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. WARRANTY DEED THIS DEED, made this 1 day of JUNE, 2022, by JOHN ANDERSON TAYLOR, JR., of 3239 PENNINGTON LANE, WINSTON-SALEM, NC 27106, and wife, ROBIN REAVIS TAYLOR, of 6052 CEDAR RIDGE DRIVE, WILMINGTON, NC 28405, GRANTOR, to THREE AUDITORIUM CIRCLE, LLC, a North Carolina Limited Liability Company, of 117 SLINGSHOT ROAD, STATESVMC 28677, GRANTEE; RECEIVED /41111 WITNESSETH: JAN 0 9 2023 I]CM WILMINGTON, NC That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: BEING ALL OF LOT 14 OF THE AUDITORIUM TRACT, SHORE ACRES, WRIGHTSVILLE BEACH, NEW HANOVER COUNTY, NORTH CAROLINA, AS THE SAME IS SHOWN ON A PLAT BY LEWIS L. MERRITT, DATED JULY 19, 1940 AND RECORDED 1N BOOK 290 PAGE 597 OF THE NEW HANOVER COUNTY REGISTRY, TO WHICH PLAT REFERENCE IS MADE FOR A MORE PARTICULAR DESCRIPTION. TOGETHER WITH ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN AND TO THE DOCKS, PIERS AND BOAT SLIPS APPURTENANT TO THE ABOVE DESCRIBED PROPERTY. Submitted electronically by "].C. Hearne, II, Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6577 Page 810 TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all encumbrances; and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the said 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. -----d ,(SEAL) JOHN ANDERSON T OR, JR. STATE OF NOOV COUNTY OF NUA I, �a1 " OkYWCN , a Notary Public of the County of AIM AW and State aforesaid, do hereby certify that JOHN ANDERSON TAYLOR, JR. personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this 11 �\' day of JUKE, 2022. My Comm'ssion Expires: ZU-t� If i P�� OTARY PUBLIC B����,,,',. OTA ' z pUB Ltc- (Notarial Seal) RECEIVEE) JAN 0 9 2023 DCM WILMINGTaN, NC Hook 6577 Page 811 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1,K!2lf,Uf d I a Notary Public of the County of NEW HANOVER and State aforesaid, do hereby ce ify that ROBIN REAVIS TAYLOR, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this day of JUNE, 2022. -fij, 1"'Iq NOTAR PUBLIC My Commission E es: II - I fZ_ - {Notarial Seal} H„1 tr",., �O T,q,p , , p U�LIG RECEIVED JAN 0 9 2023 DCM WILMINGTON, NC 00.rry B CAMA R DREDGE & FILL N° 87584 A B Co fA 1) GENERAL PERMIT Previous permit 4ue Date previous permit issued M/New ❑ Modification ❑ Complete Reissue ❑ Partial Reissue As authorized by the State of North Carolina, [Department of Environmental Quality and the Co tal Resources Commission in an area of environmental concern pursuant to: I SA NCAC . M IA. 1 I C) � ❑ Rules attached. General Permit Rules available at the following link: rwrw.deq.nc.Yov1CAMAuvles Applicant Name 1 1 f C Authorized Agent Address 1 r r� Project Location (County): IV t'J f`Ti^jr]U7�'tL_ City i i/! i �G State ZIP ' I Street Address/State Road/Cot #(s) / T Phone # Email _V)(n r . om Subdivislon _ A City /9M ziP sar ne Affected ❑ CW ❑ EW ❑ PTA aS ❑ PTS Adj. Wtr. Body A + r (nat/nla unk) AEC(s): ❑ OEA ❑ 1HA ❑ UW ❑ SPIMA ❑ PWS Closest Maj. Wtr. Body !1/i_ icUl e- Sound ORW: yes/& PNA: yes/0 Type of Project/ Activity Shoreline Length N t Access Length Pier (dock) length Fixed Platformisj Floating Platform(si Finger pier(s) N / A Total Platform area tj / A Grain length/u N f A t Bulkhead/ Riprap length,. g$ Avg distance offshore Ot.t Breakwater/SIII _ bj Max distance/ length Basin, channel 1K Cubic yards Boat ramp Boathouse/ Boatlift _ Beach Bulldulldozing Other - I X 21 SAV observed: Moratorium: n/a Site Photos: Riparian Waiver Attached: yes yes yes yes (sca e:1 t= 30) -F�N�CS "CHN��� 80dv"� RECEIVED i✓A��i JAN 0 9 2023 SY� DCM WILMINGTON, NC t'lbviqc Pe'rvpQsed cad 3 � �-ori Nis Vac��;�n T,a r�� �`' �Y e P I�roPe1� es L1-c- f� ❑ TARIPAM/NEUSF/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back I AM AWARE OF STATUTES, CRC RULES AND CONDITIONS THAT APPLY TO THIS PROTECT AND REVIEWED COMPLIANCE STATEMENT, (Please Initial) X Richard L. �by Richard[ A nt or Applica t PRINTme ame Date: 2022.11.08 P t cer s PRI �,� Penny 15:37:07-05'00' Signature "Please read compliance statel6fent on back ofpermit** Signatu �- Application Fee(s) Check q/Money Order Issuind Date Beachman, Kelsey From: Beachman, Kelsey Sent: Thursday, January 19, 2023 2.18 PM To: rick@rpcmarine.com Cc: MacPherson, Tara Subject: RE: [External] J461, Major Permit, 3 Auditorium Circle Good afternoon Rick, The 108' floating dock will be considered access credit, which means that the square footage will not be included in the total allowable platform area for the docking facility. However, any potential mooring areas for vessels along the floating dock will be included in the total slip count. ADDITIONAL INFORMATION REQUIRED (2) PROJECT ADDRESS — 3 Auditorium Circle, Wrightsville Beach, NC 28480 DCM received your CAMA Major Application request for the installation of a new floating dock, new gazebo, new floating swim platform, and new boat lift on 1-9-2023 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please provide the following: MP4 • 7 (c): Please correct waterbody width to match the site drawing (688 fl) Work Plats • Please correct any other application materials to be consistent with slip changes. • Please correct the "Sheet" numbers on both drawings, the cross section is labeled as Sheet 1 of 2 Other Required Information • Please provide a $250 check payable to NC DEQ for the application fee Other Questions & Comments • Has construction of the new, previously permitted, bulkhead been started or completed at this time? 1 will need this information for the bio report. Pre File Request • As a note, the 30-day review period for your DWR pre -file has yet to reach its deadline (1/23/2023), therefore your major application cannot be fully processed until this deadline passes and the application is considered complete by DCM. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796.7270 Beachman, Kelsey From: Beachman, Kelsey Sent: Tuesday, January 10, 2023 2:18 PM To: rick@rpcmarine.com Cc: MacPherson, Tara Subject: RE: [External] J461, Major Permit, 3 Auditorium Circle Good afternoon Rick, ADDITIONAL INFORMATION REQUIRED PROJECT ADDRESS -- 3 Auditorium Circle, Wrightsville Beach, NC 28480 DCM received your CAMA Major Application request for the installation of a new floating dock, new gazebo, new floating swim platform, and new boat lift on 1-9-2023 at the subject address. In reviewing your application, we have discovered that additional information is needed for a complete application. Please provide the following: MP1 • 4 (i): Please provide answer. MP4 7 (c): Please correct waterbody width. This should be measured from the bulkhead to bulkhead across Banks Channel. Adjust waterbody width on overhead drawing to match. Work Plats • All potential slips for the proposed docking facility need to be identified and labelled. There needs to be at least two proposed slips along the approximately 108' floating access dock, as the length of the structure would be able to accommodate multiple vessels along the northern side. Please correct any other application materials to be consistent with slip changes. • The slip on the proposed 8' x 14' floating dock and the proposed boat lift are both labelled as "Slip 3", please correct. • Please provide engineering scale on cross-section drawing that is in an increment of"10" . This is a Major Permit application requirement. o Eg. 1" = 10, 1"= 20', 1" = 30' • Please correct the "Sheet" numbers on both drawings Other Required Information • Please provide a $250 check payable to NC DEQ for the application fee Other Questions & Comments • Has construction of the new, previously permitted, bulkhead been started or completed at this time? I will need this information for the bio report. Pre File Request • As a note, the 30-day review period for your DWR pre -file has yet to reach its deadline (1/23/2023), therefore your major application cannot be fully processed until this deadline passes and the application is considered complete by DCM. Thank you, Kelsey Kelsey Beachman Field Representative NC Division of Coastal Management Department of Environmental Quality Office: (910) 796.7270 kelsey.heachmanfncdenngov 127 Cardinal Drive Ext. Wilmington, NC 28405 Find a Field Rep (arcgis.com) Email correspondence to and from This address is subject to the Norih Caro Me Public Records taw and may be disclosed to third parties From: rick@rpcmarine.com <rick@rpcmarine.com> Sent: Saturday, January 7, 2023 5:20 PM To: Beachman, Kelsey <kelsey.beachman@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: [External] J461, Major Permit, 3 Auditorium Circle CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Dear Kelsey, Please find attached a major permit application for 03 Auditorium Circle, Wrightsville Beach, NC 28480. You visited this site with Tara and I back in late October. The application was submitted via 401prefile on 23 December 2022. Please let me know if you have any questions or comments. Thank you and Happy New Year! Rick Penny, PE, GC RPC Marine (910) 352-1317 File Message Help Acrobat III Reply � Drafts [J Mark Unread a 14 Delete Archive <k) Reply All To Manager Move r immersive Translate + 4 Team Email Forward Y FollFollowUp Q v Delete Respond Quick Steps ry Move Tags r Editing Language J461 McCombs Major Permit 0Richard Penny ] Reply «) Reply Ail Fc To 401PreFile Fri 121" J461 McCombs,Major.R1.pdf u i 2 Z 7-2- 471 K8 Please find attached the major permit application for 3 Auditorium Circle, Wrightsville Beach, NC. Thank you, Rick Penny, PE, GC RPC Marine (910)352-1317 RECEIVED JAB# 0 9 2023 DCM WILMINGTON, NC Zoom Zoom n )rward t3/2022 7:50 PM RECEIVE® JAN 0 9 2023 LLCM W1LMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director February 7, 2023 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: Three Auditorium Circle, LLC Project Location: 3 Auditorium Circle, LLC, adj. to Banks Channel, Wrightsville Beach, New Hanover County Proposed Project: The applicant proposes to remove an existing docking facility and construct a new private docking facility with gazebo, floating platforms and a boatlift for a total of five (5) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by March 3, 2023. If you have any questions regarding the proposed project, contact Kelsey Beachman at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **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: 1 i —rte. County: ti IEA'o C4jp,ck No & Amount: DCM % DWQ % Development Type P (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial develop that does not involve the filling 250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: Ath—V II. Public or commercial developme does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. 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 $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 DOM staff determined that additional $400 60% ($240) 40% ($160) feview and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If Genera€ Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: