20181659 Ver 1_DCM Correspondence_20230111

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
TO: Cameron L
Bryan Hall,
DATE: January 10
FROM:
THRU:.
NORTH CAROLINA
Environmental Quality
uck, DCM Major Permit Assistant Coordinator, MHC
DCM Field Representative, Wilmington
son, DCM District Manager, Wilmington
, 2023
SUBJECT Permit Modification Request to State Permit No, 12-19, Shandy Point Landowners, Shandy
Point Boat Basin, Wilmington, New Hanover County
Davey Resource Group, Inc., acting agent for Shandy Point Landowners c/o Burrows Smith. is requesting a
Minor Modification to State Permit No. 12-19. This request was submitted in a letter received by DCM on
December 29, 2022. The minor modification request includes the GPS coordinates of the proposed
channel markers, the certified mail receipts for the adjacent riparian notifications, and two (2) drawings
associated with the application, dated as 12/15/2022, and received by DCM on December 29, 2022. This
minor modification request was accepted as complete on January 6, 2023, with the delivery of the GPS
coordinates of the proposed channel markers.
CAMA Major Permit No. 12-19 was issued on March 6, 2019, to Shandy Point Landowners c/o Burrows
Smith for the excavation of an existing access channel and basins adjacent to Skystasail Drive in
Wilmington, New Hanover County. A renewal request was submitted with this Minor Modification request
and received by DCM on December 29, 2022. State Permit No. 131-83 expired December 31, 2022.
The applicant is requesting a minor modification to the permit to allow for four (4) channel markers to be
placed where the Shandy Point boat basin entrance channel intersects the AIWW (see Sheet 2 of 2). The
proposed channel markers would be located on the outer limits of the authorized dredge footprint. The
proposed GPS coordinates are listed below:
1. 34 ° 12'4.80"N 77°49'22.30"W
2, 34°12'4.28"N 77°49'22.63"W
3, 34° 12'3.87"N 77°49'20.20"W
4. 34°12'3.34"N 77°49'20.53"W
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

This office would have no objection to the modification of State Permit No. 12-19, provided it is consistent
with all other local, state, and federal regulations. Davey Resource Group, Inc. notified the adjacent riparian
property owners via certified mail, the certified mail receipts and proof of delivery are included. Davey
Resource Group, Inc. also submitted a check (check No. 9136) in the fee amount of $200, $100 for the
renewal request and $100 for the minor modification request.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the City of Wilmington
provide any comments that your agency may have on the proposed project to Cameron Luck of
DCM's MHC office within 14 days of receipt of this memo.
Enclosures
cc: DCM-MHC USACE NHC DWR City of Wilmington
DEQT)
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796 7215

DAVEY.
Resource Group
December 29, 2022
TO: Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Shandy Point Landowners c/o Burrows Smith (CAMA Major 12-19)
Bryan,
On behalf of Shandy Point Landowners c/o Burrows Smith I would like to request a CAMA Permit
renewal and extension with a 5-year maintenance clause for the Shandy Point Boat Basin and
Channel located adjacent to the AIWW at Shandy Point boat basin, in Wilmington. Work has
started but not yet been completed. I would also like to request a minor modification to Major
Permit 12-19 that includes the addition of 4 channel markers as depicted in the attached
figure. Please find enclosed the original CAMA Major Permit and agent authorization. The
adjacent notifications have been sent and the return receipts and $200 fee check will be
delivered soon.
Please let me know if you have any questions or need anything in addition to accept this
request as complete.
Sincerely,
Scarlett Henson
Davey Resource Group, Inc.
Enclosure: Figures, CAMA Major Permit 12-19, and agent authorization
cc: Burrows Smith
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEIVED
DEC 2 9 ZOZZ
DCM WILMINGTON, NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Shandy Point Landowners, do Burrows
Mailing Address: 131 Skystasail Drive
Phone Number:
Email Address:
I certify that I have authorized
Wilmington NC 28409
910-443-3283
burrows@riverbluffsliving. com
Davey Resource Group, Inc.
Agent 7 Contractor
to act on my behalf, for the purpose of applying for and obtaining all LAMA permits
necessary for the following proposed development;
and minor modification
Major permit extension
at my property located at waters adjaent to Skystasail Drive, Wilmington
in New Hanover
County.
l furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property r Information:
Print or Type Name
1-4 b.�1c bwsty�
T717e
Id- r )j ao
irate
This certification is valid through i2 t31 20
24
DEr'029 ;d
DCM
AWILiViiN4ai i idr

Permit Class
NEW
Permit Number
12-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
RECEIVED and
Coastal Resources Commission
DEC 2 9 2022rmit
DCM WILMINGTON, NC for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Shandy Point Landowners cfo Burrows Smith, 131 Skystasail Drive, Wilmington, NC 28409
Authorizing development in New Hanover County adj. to AIWW, at Shandy Point boat basin, in
Wilmington
, as requested in the permittee's application dated 11/19/18, including attached
workplan drawings (6) 1-6 of 6 dated 10/1/18.
This permit, issued on March 6, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation & Spoil Disposal
1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) The area of excavation shall not exceed the area depicted on the attached workplan drawings.
3) Excavation shall not exceed -6 feet below the normal low water level in the basin and -10 feet below
normal water level in the access channel, all as depicted in the attached workplan drawings. In no
case shall the depth of excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pernittee or other
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
09r"74144— 1/4"71A/tiPt—
ftz2 Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.

Shandy Point Landowners c/o Burrows Smith
RECEIVED
DEC 292022
ADDITIONAL CONDITIONS
Permit No. 12-19
Page 2 of 3
5) No excavation or filling of any vegetated wetlands is authorized by this permit.
DCM WILMINGTON, NC
6) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
7) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids
into any marsh or surrounding waters.
8) No spoil material shall be placed within 30 feet of the normal high water line.
9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
10) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
11) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
TI5A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant rnust
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammal/manatee guidelines.pdf.
Oyster Relocation
13) To reduce direct impacts to oyster resources, the peunittee shall, in consultation with DCM, relocate all
oysters falling within the dredge footprint to an area immediately adjacent to the project area in similar
water depths and sediment type.
Maintenance Clause
Th. n;,.;.,;.,,. 1£ :Qaotal Muitu.p.2iindit .trail the !MUM Er1 WtiLillg at icaSt two {2) weeks Ill advance oi'any
future maintenance work, as authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity ofthe spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.

Shand ,.'.'' wners c/o ws BurroSmitlt
� Permit No. 12-19
Page 3 of 3
DEC 2 9 2022
DCM WILMINGTON, NC
15)
16)
17)
ADDITIONAL CONDITIONS
General
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
This permit does not authorize the interference with any existing or proposed Federal project, and the
perrnittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
NOTE: An Erosion and Sedimentation Control Plan may be required for this project based upon the spoil
disposal site. This plan must be fled at least thirty (30) days prior to the beginning of any land
disturbing activity. Submit this plan to the Department of Energy, Mineral, and Land Resources,
Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project via Action ID No. SAW-
2018-01450, which was issued 2/15/19.
NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and
assigned DWR Project No. DWR-2018-16.59v1, which was issued 2/11/19 and received by DCM
2/19/19.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DAVEY4.
Resource Group
December 28, 2022
Fredrick Eshelman
6814 Towles Rd Ext
Wilmington, NC 28409
To Whom it May Concern:
The Shandy Point Landowners are applying
channel markers on their property located in —the
Drive, Wilmington, New Hanover County, North Carolina.
shown in the attached permit and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings. Should you have any objections to this
proposal, please send your written comments within 30 days of your receipt of this notice to:
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Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
The specifics of the
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See Reverse for Instructions
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Comments will be considered by the NC Department of Coastal Management in reaching a final
decision on the application. No comment within 30 days of your receipt of this notice will be
considered as no objection. If you have any questions on this project, please call me at 910-452-
0001, or e-mail me at [e-mail].
Sincerely,
Scariett Henson, Agent
Davey Resource Group, Inc.
Enclosures
www_davey-com - Phone; 910.452.0001 • FdX. 910.45Z.O060
3805 Wrightsville Ave., suite 15, Wilmington, NC 28403
RECEIVED I
QEr 2 9 2022
DCM WILMiNG1ON, NC

DAVEY.
Resource Group
December 28, 2022
Oak Landing Homeowners Assoc
PO BOX 2178
Wilmington, NC 28402
To Whom It May Concern:
The Shandy Point Landowners are applyin
channel markers on their property located
Drive, Wilmington, New Hanover County, North Carolina.
shown in the attached permit and drawings.
2655 1268
U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our websit: at www.usps.c©e.
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Certified Mail Fee $,4 . 00
Extra Services & Fees (cbeckbox, ado' fee
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PS Form 3000, April 2015 FsN17530-02-00a90a7 See Reverse for Instructions
The specifics of the proposed work are
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the development in order to give you the opportunity to comment on the project. Please
review the attached permit application and drawings. Should you have any objections to this
proposal, please send your written comments within 10 days of your receipt of this notice to:
Bryan Hall
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final
decision on the application. No comment within 10 days of your receipt of this notice will be
considered as no objection. If you have any questions on this project, please call me at 910-452-
0001, or e-mail me at [e-mail].
Sincerely,
azz t rVozaarU
Scarlett Henson, Agent
Davey Resource Group, Inc.
Enclosures
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Memel)
DEC 2 9 7r7
DCM W1LMINGTON, NC

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