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HomeMy WebLinkAbout20230325 Ver 1_CAMA Application_20230306DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ryan Ware 2. LOCATION OF PROJECT SITE: Site is located at 318 Marker Fifty Five adjacent to AIWW in Holden Beach, Brunswick County. Coordinates: Latitude N 33.914698 Longitude W-78.286312 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/2/23 Was Applicant Present — No 5. PROCESSING PROCEDURE: Office - Wilmington Application Received 1/27/23 DWR W C Pro -filing date: 2/15/23 Application Complete 2/15/23 Day 30 for WQC Pre -filing concurrence not required 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PTA, CW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence and driveway Planned - construct private docking facility with four (4) proposed formalized slips and a day dock (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A 315 SF (shading) (C) Open Water N/A 1255 SF N/A (incorporated) (D) Total Area Disturbed: 1570 sq. ft. (0.036 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant is proposing to construct a private docking facility with a total of four (4) formalized boat slips along the AIWW. Ware Docking Facility February 23, 2023 9. PROJECT DESCRIPTION The proposed project is located at 318 Marker Fifty -Five in Holden Beach, Brunswick County. The property parcel is listed as 1.18 acres. The upland portion of the project site is vegetated primarily with ornamental grasses, shrubs, and assorted landscaping. The high ground portion is elevated approximately 6' above the normal high water (NHW) level, includes a long cement driveway, and single-family residence. Approximately 70' north of the existing residence, towards the AIWW, the elevation contour drops, and the property includes a large area (approximately 300' long by the width of the property) of joint 404/Coastal Wetlands. The species range from high marsh species to low marsh species, including Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata) Black Needlerush (Juncus Roemerianus), and Smooth Cord Grass (Spartina alterniflora). The property does not have an existing bulkhead. According to a survey provided in the application materials, the Mean High Water Line is located approximately 295' N from the upland/wetland boundary location. According to the survey included with the application, the property contains 66.49 feet of shoreline along the AIWW, which measures approximately 530' across in this area. The waters of the AIWW are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. The water depths range from -3.6 @ NLW on the landward side of the proposed features to -5' @ NLW on the waterward end of the proposed features. PROPOSED PROJECT The applicant is proposing to construct a private docking facility with a total of four (4) formalized boat slips along the AIWW. From the high ground area immediately landward of the wetland boundary, the applicant is proposing to extend a fixed access pier, extending in a waterward direction, elevated over the wetlands (approx. 390' x 6'). The proposed fixed pier will terminate on a proposed fixed covered gazebo "T-Head" (20' x 15') located over open water. From the landward, eastern corner of the proposed gazebo, the applicant is proposing to add a landing platform (5' x 4') which would provide access to a proposed floating dock (10' x 20'), oriented parallel with the shoreline. According to the project narrative, the applicant states that heavy boat traffic and associated wakes prevent the floater from being used as a formalized slip, that no cleats will be installed, and its purpose would be solely for loading and unloading. From the northwestern corner of the proposed gazebo, the applicant is proposing to extend a six pole 24 K boat lift (16' x 15'), serving as slip #1. On the west side of the access pier, approximately 7' and 20' landward of the southern dripline of the proposed gazebo, the applicant is proposing to construct two single pole jet ski lifts (each approx. 8'x 5') accommodating two personal watercraft jet skis, serving as slips # 2 & #3. On the east side of the proposed access pier, approximately 12' landward of the southern dripline of the proposed gazebo, the applicant is proposing to construct a 10 K elevator lift (I Vx 5'), serving as Slip #4. No portion of the proposed constructed features would extend into the riparian corridor setback for either adjacent riparian property. The application states that existing water depths in the vicinity of the proposed constructed features range from approximately -3.6' to -5.0' @ NLW. As proposed, the constructed features would be located within the established pier head line and within '/a of the width of the waterbody, and consistent with the AIWW Federal Navigation Channel Setback. Ware Docking Facility February 23, 2023 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 1255 sq. ft. of Estuarine Waters and Public Trust Area, and would shade approximately 315 SF of Coastal Wetlands. The docking facility would remain consistent with the established pier head line, and be consistent with the '/4 width of the waterbody. The proposed docking facility would not encroach into the 15-foot riparian corridor setback of either adjacent riparian property owner. Minor increases in turbidity should be expected during piling installation. The square footage of the proposed docking facility is calculated as follows: Shoreline length = 66.49 ft. x 8 sq. ft. = 531 sq. ft. allowable. Proposed Structures:: Proposed Fixed Access Pier (390' x 6') = not counted in platform allocation Proposed Boat lifts (1 @ 16' x 15, 1 @ 5'x11', 2 @ 5' x 8') = not counted in platform allocation Proposed Gangway Landing Platform= (5' x 4') = not counted in platform allocation Proposed Floating dock = (8' x 16') = 200 SF Proposed covered gazebo (20' x 15') = 300 SF Total proposed platform = 500 sq. ft. Submitted by: Patrick Amico Date: February 23, 2023 Office: Wilmington SEA DOG MARINE CONSTRUCTION 107 SW 9TH STREET OAK ISLAND, NC 28465 December 23, 2022 Mr. Patrick Amico Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington NC 28405 RE: (Project Narrative) 318 Marker Fifty -Five Holden Beach, NC 28462 The Owner of 318 Marker fifty Five in Holden Beach NC wishes to install a new pier at their property. The pier will extend to the existing pier head line approximately 114 Linear feet from MEW. The pier head will consist of a 15'x20' Covered deck with and a 1Ox20 floating dock. Additionally, the pier head will host four boat slips. Slip #I will be the 24K four pole boat lift. Slip #2 & #3 will be elevator swingerjet ski lifts and Slip #4 will be a IOK elevator lift. Heavy boat traffic and associated boat wakes prevent the floater from being used as a boat slip. The purpose of the floater will be for loading and unloading only. No cleats will be installed on the floating dock since it will not be used as a slip. 318 Marker fifty five has a shoreline of 66.49 linear feet. No riparian limit are required to be waived for the proposed design as this property has sufficient room to support the proposed project without waivers. Please see covered area table below: Covered Area Table Description Dimensions S uare Footage Floater I O'x20' 200 SF 6' Wide Pier 6' Wide Exempt Covered Deck/Gazebo 15'x20' 300 SF Gangway Landing 4'x5' 20 SF 3' Wide Gangway 3'x 16' Exempt Total Area 520 SF This project is not located in primary nursery area waters however a depth of 2' and NLW will be achieved under the floater. All boat lifts will have limit switches preventing boat lift cradles from touching the mudline. Sea Dog Marine Construction has made a site visit to confirm the site plan attached with this narrative. Construction will take place on the water by barge. The barge will be spudded in place during construction at the project site. Please find the following documents attached with this project narrative: 1. DCM-MP-1 Form 2. DCM-MP-4 From 3. 318 Marker Fifty Five Location Map (Page 1 of 5) 4. 318 Marker Fifty Five Site Plan (Page 2 of 5) 5. 318 Marker Fifty Five Pier Head Plan (Page 3 of 5) 6. 318 Marker Fifty Five Section A -A (Page 4 of 5) 7. 318 Marker Fifty Five Section B-B (Page 5 of 5) 8. NAVD888 to NLW/NHW Conversions RECEI\/r "iAN 2 7 AVz Adam Greene, PE General Contractotr NCL# 82621 Mobile tl� WfLMIN2GTON, N Dom MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Ryan MI Scott Last Name Ware Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 3423 WZion Church Rd PO Box City Shelby State NC ZIP 28150 Country us Phone No. 704 - 473 - 4840 ext. FAX No. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Sea Dog Marine Construction Agent/ Contractor 1: First Name MI Last Name Adam Hobby Greene Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 107 SW 9lh St Oak Island NC ZIP Phone No. 1 Phone No. 2 28465 910 - 876 - 0852 ext. - - ext. FAX No. Contractor # 83737 Street Address (if different from above) City State ZIP Email Seadogmadneconstruction@gmaii.com <Form continues on back> JA N 2 7 " 3 252.808-2808 .. 1.888.4RGOAST .. www.nccoastalmanagemen t.net , NC 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 318 Marker Fifty Five Drive Subdivision Name City State Zip Holden Beach/Supply NC - 28462 Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. % , I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River AICW 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 AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed [XlYes ❑No work falls within. Town of Holden Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 66.49 51400 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.18 Acres NWL (normal water level) (If many lot sizes, please attach additional page with a list) 8' ®NHW or ❑NWL e. Vegetation on tract Grass and Shrubs I. Man-made features and uses now on tract Residential lot With Homes g. Identify and describe the existing land uses adjacent to the proposed project site. Residential lot for homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) HB-R-1 ❑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> JAN 2 "j 2023 DCM WII MINrTnLL NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 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 (11) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. City 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 ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential recreational use and boat storage 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. Construction to take place from barge. Barge to be stored onsite spudded in position d. List all development activities you propose. Install Pier, Covered Deck, Floating Dock, Gangway, four pole boat lift, elevator boat lift and two jet ski swinger lifts. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres None/Zero 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 1. 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 ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED JAN 2 7 2023 252-808.2808 :: 1-888.4RCOAST :: www.nccoastal manage 9'JMiR7UNGTON NC ToIMDCWAP-1 (Page 4 041 APPLICATION for ✓-'1q1oprnAn1 Permit 6, Additional Information 1—fldllion to thi's tonipt'j"I WJPAMVIt ,, P// 1�q [,:)'Page to be romplol, llynIq tat - /Ij as f" 'pp!' 1,111110H), blIkof oil low to p pl"j"l -- — - — - — 7 ------- - — 7777 of 1'e to a Si r 11, o -lilvIft", T,, 1111c7—"� ----------------- app1w M, ap, �!' 'a (.0 C 7- 'TT lsf of the names an j '/""' us!( M"Ch to SIjhftvf rorr mapfi n, rfe ol, 4 . . ; - - :t :S 1dA'S Flame f0wri-&-5 c— r 7,11 Acidt"s 32050hansefotLane Per,v. 2; blame '40m^, John Fetrejl Address 128 1-12tif Falls Eir. V/avc to,ts, Of Ofe"0119 Matti or 'edE,a 1- 7 Ytined AEC hzl state ...... 't OU r bk hj,,ds fa -7 7, Certification and understand at any pwrnll is�tje- l/111he "he ap cat,,n that I w0hnrlzed to grarr 1,!qr or, the "I!winq of file ph"e-'! "'A an- '011OW-UP ""!her cerl-f/ Elt'lt !,.e InfortnTioa, -j, 0'-Ilcl 12121/22 r'4ease indicalp. 0f)f-M fLAP-Z Eyr-iv,itw,n aw; f j!j r ± a E] r-11--JGFA IAP-3 Upla,,,j Dejefopnw - PIDUA 1AP-4 . Infr.rh ai,,. RECEIVED L)CM 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. (1) Is the docking facility/marina: [-]Commercial ❑Public/Government ®Private/Community c. (1) Dock(s) and/or pier(s) (ii) Number I (iii) Length (iv) Width 6_Pier/10' Floater (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes ❑No If yes: (it) Number I (iii) Length 20' (iv) Width 15 (v) Floating ❑Yes MNo Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed 4 (Floater Excluded due to Boat Traffic and Wakes) (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: N/A k. Typical boat length: 28 m. (!)Will the facility have lie pilings? ❑Yes ®No (ii) If yes number of tie pilings? El This section not applicable b. (1) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No It yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes ❑No I. (i) Are Boatlifls included? ®Yes [_]No If yes: (ii) Number 4 (iii) Length 14' 4-Pole IM112' Elevator Lif /8' Jet Ski Swinger IN) Width 14' 4-Pole Liff/8' Elevator Liff/4' Jet Ski Swinger 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: 4 ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout I. (1) Will the facility be open to the general public? ❑Yes ®No RECEIVED JAN 2 7 2023 DCM WILMINGTON, Nt 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmapARqment.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS IN 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 ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (it) 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 safely measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? P FC E I UE U DCM WILMINGTON, NC: 282-808.2808:: 1-888.4RCOAST::w .nccoastalraanaaement.ne4 revised: 12/27/06 Form ®CM MP-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 (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or otherwetlands (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 ❑Public/Government ❑Private/Community (ii) Number (Ili) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Qt9This 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): []Commercial ❑Public/Government ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED ,IAN 2 7 ZOi' OCM Wil MIN (-Tnkl NC; 252-808.2808 :: I.888.4RCOAST :: w .nccoastatmanaaement.net revised: 12/27/06 7. GENERAL 8. OTHER 122122 are Do-:lrq Pa,! P�r-'ve7: Name Sea Dog AjuA (rlec,, 4,PPO, ant 066, Ai:p (lnl S NL RECEIVED JAN 2 7 2023 ACM WILMINGTON, NC 1• OR Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality March 3, 2022 Sea Dog Marine Construction c/o Adam Greene 107 SW 9" Street Oak Island, NC 28465 Dear Mr. Greene: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ryan Ware, for State approval for development of the subject property located at 318 Marker Fifty Five Street, adjacent to the AIWW in Holden Beach, Brunswick County. It was received as complete on February 15th, 2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 1, 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 15, 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. Sincerely, Patrick Amico Field Representative cc: WiRO, DCM DCM, MHC USACE DWR Town of Holden Beach, LPO North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 H W a a a n N N O J W 00 aw f— U ZLL OLL O J ~ Q cr I— cr W LU o CL W J LL Q OU 2JO cl: W OM LL F- N�� V R w t 7 r 0 L N 3 M V M 0 to r OD N v z A d W ROY COOPER Govemor NORTH CAROLINA Environmental Quoin) March 3, 2023 GanLegPubNotices7@ganneft.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Greg and Caroline Gianoplus — Pender County • Ryan Ware — Brunswick County • Thomas Holland Jr. — Brunswick County Hello: Please publish the attached Notice in the Wednesday, March 8, 2023 issue. ELIZABETH S. BISER Secretary BRAXTON DAVIS Director, Division of Coastal 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 in this matter. _ ely, K. Ri�tila 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 CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 2, 2023, Greg and Caroline Gianoplus proposed to construct a new four (4) slip private docking facility at 312 Olde Point Loop, adj. to the AIWW in Hampstead, Pender County, On March 2, 2023, Ryan Ware proposed to construct a four (4) slip private docking facility at 318 Marker Fifty Five, adj. to theAIWW in Holden Beach, Brunswick County, And on March 2, 2023, Thomas Holland Jr., proposed to replace approx. 50 linear feet of bulkhead in a new alignment 5' waterward of the existing, resulting in the filling of approx. 250 sgft of Coastal Wetlands at 122 Sanford St., adj. to the AIWW in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (Brunswick County) or Jason Dail (Pender County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 (Patrick Amico) or (910) 796-7221 (Jason Dail) 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 29, 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 and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 12:48 .� ? • < Inbox [External] Prefile Request ti From: seadogmarineconstruction@gmail.com <seadogmarineconstruction@gmail.com> Sent: Wednesday, February 15, 2023 6:13 PM To: 401 PreFile <401 PreFile@ncdenr.gov> Cc: Amico, Patrick J <Patrick.Amico@ncdenr.gov> Subject: [External] Prefile Request GAITI ION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to wort Spam. Good afternoon, This email is a request to pre file for the project at 109 SW gth street of which a CAMA Major Permit has been applied for. Please find documents attached. Thanks! Ade,mri_c r� y�f�:f DC j� viote — wtif 10 -odY ewta(� U bo ve re ceous a d ;4; e Tro' ec--f (101 sw q, {� S vUas a v 'va'ke Y� a te&-� avid C6rgC-I Pc(F ( 31ts ma"lccv 55� vets 6y( do -Ft-,,'S do-je 8 tj a [_ RECEIVED FEB 15 ?0'3 DCM WILMINGTON, 6''- DocuSign Envelope ID: A7E6906B-3EA8-4E81-9AAB-6704A86C1740 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Ryan Ware 918 CRAWLEY GIN RD SHELBY, NC 28150-9513 704-473-4840 ryanware@piedmontutility.com I certify that I have authorized Sea Dog Marine Construction, LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: pier, floater, gangway, pierhead at my property located at 318 Marker Fifty Five, Holden Beach, NC in Brunswick County. Y / furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: ftwslanw W. Signature�� Ryan Ware Print or Type Name Owner Title /7/13/2022 Date qr--'f,;EIVED JAN 2 7 ?0?3 This certification is valid through DCM WILMINGTON, NC Do Sign EnnbpeID. A7E6906"EA84Ee1.9AAB6704A86C1740 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Ryan Ware Address of Property: 318 Marker Fifty Five, Holden Beach, NC; Brunswick County (Lot or Street ll, Street or Road. City 8 County) Agent's Name #: Sea Dog Marine Agent's phone #: 910.876-0852 Mailing Address: 107 SW 9th Street Oak Island, NC 28465 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. `-, l,A have no objections to this proposal. ___I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coasta/Management (DCM) In writing within 10 days of receipt of this notice. Contact Information for DCM offices is available at http.,Il w nccoastalmanaoernentneNweb/cm/staH-listing orbycalling 1.888-4RCOAST. No rasnonse Is considered the same as no objection If you have. been notified by Carolled Mall. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below,) I do wish to waive the 15' setback requirement. I do not wish to waive the 15setback requirement. (PropertyOwnerInformation) Sigl - 1121724e Ryan Ware Print or Typo Nama 918 CRAWLEY GIN RD Mailing Address SHELBY, NC 28150-9513 Cify/stafe2ip ryanware@piedmontutility.com Telephone Number / Email Address 7/13/2022 Dale (Riparian Property Owner Information) Signahlre TBCW PROPERTIES LLC Print or Type Name 3205 CHANCELLOR LANE Mailing Address MONROE, NC 28110 City/Stataop lOH-LY4 y07C1�Z'iy,W,t... r3VQa,-c4,,vr.cum Telephone Number / Email Addmss / Date _ (Revised Aug. 2014P F C E j v E L) JAN 2 7 int:M WILMINGTON, NC • U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic 67ail Only M1 O Co M1 rl O O O 0 Ln o- 0 a ru 0 M1 RECEIVED JAN 27 DCM WILMINGTON, NC n 0 LL C O C Y I a X 0 N cc Cfl d h m M� v W atV- - 0 d O $ Z O T c T O U n U ti LE) Z 0 Z— Z F. Cal LLJ L L) A 7 ro c n o N N L J W N L� Y a m O N m '-� Y� a d'dad v m V a 0 N r• �O co 'O N roU mZ t rn �w mcr �O wNe u� s0 V c F N 02 mo N a 7 a Zo c m N O -p� 3 O a CL 4) a i 7 J }° E f7 I DC m7 ® C '+ O O. ao E Q o � a � 3 �C 9 AN � 7�02� 0- 0 WILMINGTON, NC $, or 0 restr NC 27587 7C�en,fiedMail ,v f4.0[t [1;22 m $ 116 Extra Services$ eek.py) bo; e3e lco am) ❑Retwn RCGdpI (fwkpD)j $ 1r rq t�/� ❑Ratum Rawptl0l ,a,,lo $-0.00— Postmark ❑Cenlfiea Mml ResNcteE M(very S—�([JG_ Here O❑nova egnature Requhad $—$(t—Ilft--' ❑MUI15pnatuR RBalrktN Delkery $ p Postage - $1i,60 ui Q' $ r17/15/2022 Total Postage and Fees o $7.$5 $ ri Sent To i- U t. }�_i�.t�. �.�....-- O M h- .t..I. . SireeieriJ i'N; rirV09d'Npp:"' "-" l �) �� I _I f/)-t �/%I I I < i) 111, 0 M1 Monroe NC 2410 Cenitied Mal Fee f4 00 [1422 0 s lab ExtaSOMCOS8 BeYaJC la :e) RK O [I Return O-p$ ❑RaIWm fl¢ern RrMi:) $� POSlnar( C1cen.roa Mal Ree:rictatl oa,ven $—$0r(!0— Here O ❑Muh $preM0Rpu4ea $H:tlO— ❑Mull$IenalVr0Re01aclaeDa'irery$ _ p Postage f0,60 Ir [17/15/2022 Total Postage and Fees C) $ $7.85 r-a ru Sent To 4� �`1 Y V U�%C-.V .�..l i�>......�..�: �........... .. O Slroet antl i. (Jti;o Pb90 No. . crry,siaia;zrP:d�1f?P'11' Clt' t\I� '7� 1 I l; RECEIVE® JAN 2 7 2023 0CM WILMINGTON, NC Amico, Patrick J From: lisabferrell <lisabferrell@aol.com> Sent: Monday, January 30, 2023 2:54 PM To: Amico, Patrick 1 Subject: (External] FW: RE: Property owned by Lisa Ferrell and John Ferrell (deceased) on Holden Beach, NC. CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Sent via the Samsung Galaxy S8 Active, an AT&T 5G Evolution capable smartphone -------- Original message -------- From: seadogmarineconstruction@gmail.com Date: 1/30/23 7:19 AM (GMT-05:00) To: lisabferrell@aol.com, Partick.Amico@ncdenr.gov Subject: RE: Property owned by Lisa Ferrell and John Ferrell (deceased) on Holden Beach, NC. Mrs. Ferrell, Please be aware that the proposed revised design conforms to the allowable shaded impact allowances set forth by the state for docking facilities. Furthermore please be aware that we do not need a waiver for the 15' setback and that the notifications sent were formality as we do not expect waivers from you. Respectfully, the objection that the docking facility "seems way to large" is a matter of opinion lacking in merit and overreaching. Patrick, Please let us know if you need anything additional from either of us. Thanks all RECEIVE[ JAN 3 0 2023 9GM WILMINGTON, NC From: lisabferrell@aol.com <lisabferrell@aol.com> Sent: Sunday, January 29, 2023 8:12 PM To: Partick.Amico@ncdenr.gov; seadogmarineconstruction@gmail.com Subject: Fwd: Property owned by Lisa Ferrell and John Ferrell (deceased) on Holden Beach, NC. Dear Mr. Amico, I received new plans for a dock to be built by Ryan Ware. I still object based on it seems way too large for the space, despite not having to waive the 15 feet resparian rights. I have spoken to other neighbors as well who are also very concerned. Lisa Beth Ferrell Attorney at Law FERRELL LAW FIRM, PLLC P.O.Box 3011 Raleigh, NC 27602 (919) 334-8743 cell I isabferrel loaol.com CONFIDENTIALITY STATEMENT: This electronic message contains privileged and confidential information from Lisa Beth Ferrell, Attorney at Law, FERRELL LAW FIRM, PLLC. The information contained herein is intended solely for the use of the recipient(s) above. If you are not an intended recipient of this message, be advised that any disclosure, copying, distribution or use of the contents of this electronic message is strictly prohibited. If you have received this electronic message in error or are not the intended recipient, please notify us immediately by e-mail at lisabferrellaaol.com or by telephone at 919-334-8743. -----Original Message ----- From: richard durham <rdbulldurham2(c)gmail. com> To: lisabferrell <lisabferrell(cDaol.com> Sent: Mon, Jul 25, 2022 4:36 pm Subject: Fwd: Property owned by Lisa Ferrell and John Ferrell (deceased) on Holden Beach, NC. ---------- Forwarded message --------- From: richard durham <rdbulldurham2(a)gmail.com> Date: Mon, Jul 25, 2022, 3:48 PM Subject: Property owned by Lisa Ferrell and John Ferrell (deceased) on Holden Beach, NC. To: <patrick.amico(a.ncdenr.gov>, richard durham <rdbulldurham2(@gmail.com> Mr. Amico, RECEIVED JAN 3 0 2023 DCM WILMINGTON, NC I have been retained and represent Lisa Ferrell. It is imperative that you contact me today at 910-264-0909 concerning this matter. I have emailed Sea Dog Marine Construction and faxed Division of Coastal Management expressing objection to waiving a 15' setback to Ryan Ware. I left you a voicemail earlier today. It has been nearly impossible to determine the procedure for objecting to that request by reading various letters sent to my client. Please confirm receipt of this email. Richard M. Durham, Attorney at Law RFV I\! J' JAN 3 0 Z08 pftiM WILMINGTON, NC Cc:ft". IEG IAAII PETURN RECEIP" F'EOUESTED JMSION OF COASTAL MANAGEMENT =.ti<T RIPt' N;� N PROPERT',' OWNER NOT,F!'ATIO^l'PJAIVER FORM e .._ Erg,'s 4 ass Is ,' _ - .'J„-E5. ayr . mn or drawing ;lift dirrers ors t -,e l-rovided with this letter �_ 0 r_ non,ro :dt,s bowyproposed. you must no tirVreDi,-+s%o c o'Coastai Managemenr "" ; 1rrtr. i mys of receipt r%;his r.or,_e. Coma . 0r-auon hr DC.M offices is n 0, .. r ^y _alimg 7.888-4RCOAS?. ,`._.. _ Certified Mail. JMAiVER --EC-MC _W mum initial : - _. _c x, a-s so _ v, r,e .nf:,r iatv.n. IR:pa,ian Propert, Owner Information) Sao I�ILIy II�III(III,1111111111 Pat' ,a Brenda 6. Clereene Rplelercomter Dee" KC RREVEKS STIOP:a$1820.00 r�e(#7g6463)V NC 3 OCb� Tt WVial Int.�- ;k$ I416 0k#—L i ALI 0_01 $ tefuod Cash $ Flrrence .$Fo,""of locum of are aegbb due to oondition of odgknl. -S Doaanent oontalns web welled by odglrrel ireWmad that cwWM be regroduoed or copied. This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys, WITHOUT OPINION ON TITLE. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,820.00 Tax Parcel #232PH00116 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the 191s{ day of October, 2021, by and between ZACHARY B. SETZER, as Trustee of the Tarlton Family Trust established in Article V of the Sherley B. Tarlton Revocable Trust dated July 30, 2012, of 1940 Waddington Road, Weddington, NC 28104, party of the first part, hereinafter referred to as Grantor, and RYAN SCOTT WARE, married, of 918 Crawley Gin Road, Shelby, NC 28150, party of the second part, hereinafter referred to as Grantee; WITNESSETH: THAT Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee, his heirs and assigns, in fee simple, all that certain lot or parcel of land situated In the Town of Holden Beach, Lockwood Folly Township, Brunswick County, North Carolina, and being more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. In accordance with NCGS Section 105-317.2, the mailing address of Grantors and Grantees are as stated above. The property herein conveyed does not include the primary residence of Grantors. RECEIVED JAN 2 7 2023 DCM WILMINGTON, W. IIIIIIIIillllllllllllll llllllill ll[II 84160 V2c9j ;WAo 0 oR�p Brunsulok County, NC Regle er of Deeds page 2 of 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to Grantee in fee simple. AND Grantor does hereby covenant with Grantee that Grantor is seized of the premises in fee simple, that he has the right to convey the same in fee simple, that 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, subject to the following exceptions: utility easements and restrictive covenants of record, street rights -of -way, and ad valorem property taxes for the year 2021 and subsequent years. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the day and year first above written. tfE SE R, as Trustee of the n Family T Ist established in Article V of the Sherley B. Tarlton Revocable Trust dated July 30, 2012 STATE OF NORTH CAROLINA COUNTYOF IONON I certify that the following person appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes therein stated and in the capacity therein indicated: ZACHARY B. SETZER, as Trustee of the Tarlton Family Trust established in Article V of the Sherley B. Tarlton Revocable Trust dated July 30, 2012. Date: October Zt , 2021 ota�N ry lSignature / �F Qr Notary's Printed Name ? NOTARY C�>S' My My Commission Expires: 3,��20Ly cO1"'sgiDMyag2o�ez� , <. PUB00 RECEIVED JAN 2 7 2023 IDGM WILMINGTON, NC y iuiiq�uiiii iiii� B4if0 t12 5..4 W1 Brururle Ceu1 Y. aC wl.lo� of Godc Pogo a of a PROP Lying and being in the Town of Holden Beach, Lockwood Folly Township, Brunswick County, North Carolina, and being more particularly described as follows: Being all of Lot Number 16, Marker Fifty Five Subdivision, as more particularly described in a survey plat dated 20 April 1994 prepared by Thomas W. Morgan, RLS, recorded in Map Cabinet Y at Page 337, in the office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is made and which is incorporated herein for greater certainty of description of said property. This conveyance is made subject to that certain Public Declaration of Covenants, Restrictions and Conditions for Marker Fifty Five Subdivision recorded in Book 988, Page 116, Brunswick County Registry. There are further conveyed herewith all riparian rights and privileges pertaining to said lot or parcel lying within the "Riparian Boundary" area of said lot which extends from the northern property line of said lot In a northerly direction to the southern right-of-way of the Intra Coastal Watenay, as shown on said plat. For back reference see Book 3497, Page 268, Brunswick County Registry. Initial: ?DECEIVED AN 2 7 2023 DCM WILMINGTON, NC A 0 Lu / 2 \ § ) / � \ § � �k , ED 0 r\ - / - \ ® tm i \ n k / E ( ( ( ( ] r ) / �Z -2 \ \ \ 2 ( = ) ) ) a ! e e } \ \ ) (;§ { o ; § ` n ® a §) } k \ ) ) ) ) IC! J 3 k ) ) LU! \ \ \ { \ ) \ ( \ § \ \ RIPARIAN LIMIT, TYP. 15' RIPARIAN OFFSET rING LI IT, TYP l 5' JET SKI LIFT a 24K BOAT LIFT 10'X20' FLOATER 15'X20' COVERED DECK -_° DOCK NWQ mpli O f D N ION OHO �OT /1 T 0 GENERAL NOTES: 0 W w 1. SURVEY BY MR. GEORGE HART OF SALTWATER N JF 1.3234 SURVEYING, PC, DATED 6/22/2022. w (o O 2. WIDTH OF WATERBODY FROM EDGE OF COASTAL W WETLANDS EDGE TO EDGE MEASURES-540'+/-. J I-_ 3. MAX PILE SPACING 8' ALL DIRECTIONS. 17- n ®e�sz 4. PILES DRIVEN TO 8' MINIMUM. 5. ELEVATION DATUM NAVD88. 6. MLW = -2.94 NAVD88 7. MHW = 1.79 NAVD88 WETLAND LIMIT GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. 13 10K (ELEVATOR BOAT LIFT CP ICW SETBACK EDGE OF COASTAL WETLANDS MHW 6' WIDE PIER � 34 N rn CP -0CjF­O W -u n m Ul C3� G�tTI m " p 00 IRF S Nm INTRACOASTAL WATERWAY CAMA/NC BUILDING CODE ALLOWANCE 8 SF/LF 1 66.49 LF 531.92 SF MAX ALLOWABLE INDIVIDUAL COMPONENT 400 SF MAX ALLOWED BY GENERAL PERMIT 800 SF MAX ALLOWED BY MAJOR PERMIT 0 2000 SF MAX ALLOWED FOR NON -WALKWAY AREA'S BY BUILDING CODE 576 SF COVERED AREA TABLE FLOATER 10x20 200 SF PIER HEAD (COVERED) 300 SF GANGWAY LANDING 20 SF PIER EXEMPT </= 6' TOTAL 520 SF SITE PLAN (PAGE 2 OF 5) MR. RYAN WARE 318 MARKER FIFTY FIVE HOLDEN BEACH, NC 28462 12/23/22 RECEIVED JAN 2 7 202:3 DCM WILMINGTON, 910-876-0852 JG DOC 24k 4-POLE BOAT LIFT (SLIP #1) JET SKI SWINGER LIFT (SLIP #2) JET SKI SWINGER LIFT (SLIP #3) CP z 36.5 dm 114" UD 166 JF36 ('l .44 -37 80 =5.02 A 1Ox2O' (WAKE FROM FIOATER ACTION PREVENTS FLOATER BEING USED AS BOAT SLIP) DOCK GRAPHIC SCALE 20 0 10 20 40 13.3' -4.14 14 4' ( IN FEET ) 1 inch = 20 ft. 15X20 HIP ROOF (DR PLINE TO DRIPLINE) MA TERRIB METAL ON 2X4 PURLINGS 3.66 PITCH: 6:12 '\— 10K ELEVATOR LIFT (SLIP #4) CP JF38 �l .75 GENERAL NOTES: 1. SURVEY BY MR. GEORGE HART OF SALTWATER SURVEYING, PC, DATED 6/22/2022. 2. WIDTH OF WATERBODY FROM EDGE OF COASTAL WETLANDS EDGE TO EDGE MEASURES-540'+/-. 3. MAX PILE SPACING 8' ALL DIRECTIONS. 4. PILES DRIVEN TO 8' MINIMUM. 5. ELEVATION DATUM NAVD88. 6. MLW = -2.94 NAVD88 7. MHW = 1.79 NAVD88 EDGE OF COASTAL WFTI ANIIC SITE PLAN (PAGE 3 OF 5) MR. RYAN WARE 318 MARKER FIFTY FIVE HOLDEN BEACH, INC 28462 12/23/22 80 1 RECEIVED JAN 2 7 2023 DCM WILMINGTON. 910.876-08S2 C 1111 11nI i,rT II•iR@9 MLW 1OX20 F AHG VERIFY GROUNI PROFILE ONE SURVE' IS RETURNED _INE SECTION A -A (PAGE 4 OF 5) N ® MR. RYAN WARE NITS 318 MARKER FIFTY FIVE HOLDEN BEACH, INC 28462 12/23/22 RECEIVE JAN 27 209 DCM WILMINGT N, NC 910-876-0852 m M Vj O r SECTION B-B (PAGE 5 OF 5 MR. RYAN WARE 318 MARKER FIFTY FIVE HOLDEN BEACH, NC 28462 12/23/22 RECEIVED JAN 27 20?= DCM WILMINGTON NC 910-876-0852 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director March 6, 2023 MEMORANDUM: �fQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lucK( NCDENR.gov SUBJECT: CAMA Applicant: Ryan Ware Project Location: 318 Marker Fifty Five adj. to the AIWW in Holden Beach, Brunswick County Proposed Project: The applicant proposes to construct a private docking facility with a total of four (4) 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 29, 2023. 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. 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. PRINT NAME AGENCY SIGNATURE 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 - oe,.. of en.imn—W ousiny /`� 910.796.7215 Pr ect Name, Major Permit Fee Schedule County: Check No & Amount: �a('Vu,c �_ 0 l aSo 00 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or 25 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of anywetlands 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 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 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: