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HomeMy WebLinkAbout20080524 Ver 3_CAMA Application_20231208DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: Marc Noel 2. LOCATION OF PROJECT SITE: 1813 Futch Creek Rd Wilmington, NC 28411 Longitude:-77.74581 Latitude: 34.29931 3. INVESTIGATION TYPE: 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 11/13/2023 Application Review No 5. PROCESSING PROCEDURE - Application Received Application Complete I Regional Office 10/31/2023 11/15/2023 1 DCM - Wilmington Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: NEW HANOVER, New Hanover County Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Estuarine and Ocean System, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: Planned: (F) Type of Structures: Existing: Boat basin(slip), Boat lift, Floating structure, Bulkhead(wood), Riprap Planned: Excavation, Access channel(canal), Spoil, Basin (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED W FILLED W OTHER W A Open Water 19600 CW's above NHW C CW's below NHW Shallow Bottom 73010 High Ground 216000 Non -Coastal WL (E) Total Area Disturbed: 216000 ftz (F) Primary Nursery Area: Yes (G) Water Classification: ORW: Outstanding Resource Waters; SA: Market Shellfishing, Tidal Salt Water Open to Shellfishing: Yes and No Field Investigation Report: Marc Noel DCM Major Permit Page 11 8. PROJECT SUMMARY: The applicant proposes excavation, to a maximum depth of -5.0' MLW, that would include maintenance excavation of an existing boat basin, excavation of an area labelled as "Bald Eagle Canal", excavation of a connecting area located between "Bald Eagle Canal" and the previously permitted access channel. The proposal also includes maintenance excavation of the previously permitted 300 ft. access channel and the area extending from Futch Creek to the Federal Channel in the Atlantic Intercoastal Waterway (AIWW). 9. NARRATIVE DESCRIPTION: The proposed excavation project, outside of the proposed basin, is presented in four sections for a total of 216,000 sq. ft. The entire project site begins in Futch Creek adjacent to 1809/1813 Futch Creek Road and extends along Bald Eagle Lane to the north connecting to the Federal Channel in the AIWW, in Wilmington, New Hanover County. The proposed boat basin is adjacent to the applicant's parcel, located at 1809/1813 Futch Creek Road, which is approximately 53,470 sq. ft. (1.23 acres). The parcels were combined to a single parcel sometime between 2016 and 2018. The lot has a single-family residence, an existing man-made boat basin, two (2) single-family docking facilities, a wooden bulkhead, and riprap. The upland area is currently vegetated with ornamental landscaping, lawn grasses, and hardwood trees. The approximately 250' of shoreline is partially stabilized by riprap adjacent to the existing man-made boat basin located on the northern end of the property. The basin is also partially stabilized by a wooden bulkhead. The remaining shoreline is bordered by Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina alterniflora), varying between approximately 5 — 7' in width. The applicant currently maintains an existing man-made boat basin, measuring approximately 65' long x 35' wide, at the northern end of the property. Within the boat basin, a ramp leads to a floating dock that measures approximately 8' wide x 40' long and is oriented perpendicular to the canal. The floating dock can accommodate up to two (2) vessels. The boat basin is also partially stabilized by a wooden bulkhead, measuring approximately 14' long on the northern side of the basin, 35' in length along the shoreline, and 40' in length on the southern side of the basin. There is a second existing docking facility at the southern end of the property. The docking facility consists of a platform, measuring approximately 14' wide x 12' long, with a ramp leading to a floating platform, measuring approximately 6' wide x 30' long. The floating platform is oriented parallel to the canal. There is a 13' x 13' boat lift located at the northernmost end of the floating platform. The floating dock and boat lift can accommodate up to two (2) vessels (see Sheet 1 of 15). The existing footprint of the boat basin and the wooden bulkhead were authorized under State Permit 983-08, which was originally issued to the applicant on May 30, 2008. State Permit 983-08 was renewed on January 15, 2016 and expired on December 31, 2021. State Permit 983-08 authorized excavation of the boat basin to a depth of -5.0' below Normal Low Water (NLW). CAMA General Permit 66236D was issued on December 17, 2015 to the applicant for the maintenance excavation within the existing boat basin to the maximum project depth of - 5.0' NLW. The current configuration of the docking facility within the boat basin, at the northern end of the property, was authorized under a Major Modification to State Permit 983- Field Investigation Report: Marc Noel DCM Major Permit Page 12 08 issued to the applicant on March 23, 2018. An approximately 28,630 sq.ft. area identified as "Bald Eagle Canal" is also proposed to be excavated in an area measuring 637' long by 40' wide to a final depth of -5.0 MLW. The applicant has provided historical documents that identify a "Bald Eagle Canal", that appears to begin within the canal located between Futch Creek Road and Bald Eagle Lane and ends somewhere around 8729 Bald Eagle Lane (see "Historical Documents for Upload and Sheets 3-5 of 15, Parcel 6). DCM was unable to find permitting history for previous excavation within this area. Although the applicant has provided historical imagery and is applying for dredging under maintenance excavation, it does not appear that this area has been previously dredged. The applicant is also applying for an additional excavation area in an area, measuring approximately 720 linear ft., located between the identified "Bald Eagle Canal" and previously permitted access channel location at the junction of Futch Creek and the AIWW. The approximate location of this third excavation area is between 8729 Bald Eagle Lane (see Sheets 1-9 of 15, Parcel 6) and 8748 Bald Eagle Lane (see Sheets 1-9 of 15, Parcel 10). DCM was unable to find permitting history for previous dredging in this access channel, however, the applicant has provided historical aerial imagery and is also applying for dredging in this area under maintenance excavation. Finally, the applicant is applying for maintenance excavation of the 760 linear ft. access channel located at the junction of Futch Creek and the AIWW. The proposed access channel extends approximately 190 linear ft. to the Federal Channel. A portion of this access channel was originally dredged under State Permit No. 18-95 which was issued to the Northeast New Hanover Conservancy on February 15, 1995. The location of the original dredge footprint measured approximately 300' in length and 40' in width and began approximately in front of 8748 Bald Eagle Lane and connected to what appears to be a historically dredged approx. 500 linear ft. channel that connects to the Federal Channel within the AIWW. The final project depth for the permitted section was authorized to -5.0' at NLW. A Minor Modification to State Permit No. 18-95 was issued on January 16, 1996 to the Northeast New Hanover Conservancy for a change from bucket -to -barge dredge method to hydraulic dredging for 6,000 cy of material. State Permit No. 18-95 expired on December 31, 1998. The New Hanover County 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 Futch Creek in the "Bald Eagle Canal" are classified as SA:HQW, except the adjacent waters in the mouth of Futch Creek and the AIWW in the project areas that are classified as SA:ORW by the Division of Water Resources. All adjacent waters in the project areas ARE designated as Primary Nursery Area (PNA) by the N.C. Marine Fisheries. The adjacent waters to the project areas are CLOSED to the harvest of shellfish, except within the portion of the access channel from the mouth of Futch Creek to the AIWW that is OPEN to the harvest of shellfish. 10. PROJECT DESCRIPTION: The applicant proposes excavation, to a maximum depth of -5.0' MLW, that would include maintenance excavation of an existing boat basin, excavation of an area labelled as "Bald Field Investigation Report: Marc Noel DCM Major Permit Page 13 Eagle Canal", excavation of a connecting area located between "Bald Eagle Canal" and the previously permitted access channel. The proposal also includes maintenance excavation of the previously permitted 300 ft. access channel and the area extending from Futch Creek to the Federal Channel in the AIWW. The entire proposed channel dredge footprint would be approximately 2,284' in length x 40' in width with a final project depth of -5.0' MLW. The connecting water depth to the AIWW is -5.0' MLW (see Sheets 8 and 9 of 15). The applicant proposes maintenance excavation of the existing boat basin located at 1809/1813 Futch Creek Road, which measures approximately 65' in length x 35' wide (2,112 sq.ft.) to a maximum project depth of -5.0' Mean Low Water (MLW). DCM observed a 35-40' vessel with triple engines docked within the boat basin. According to the application, the existing water depths of the boat basin are an average of -1.0' MLW (see Sheets 9 and 10 of 15 and see "Sealed Channel Survey" dated 7/7/2020). The proposed maintenance excavation would result in the removal of approximately 337 cy of material from the existing boat basin. The applicant also proposes maintenance excavation of the historically identified "Bald Eagle Canal" and the connecting area located between "Bald Eagle Canal" and the previously permitted access channel. The proposed excavation footprint would begin approximately 200' south of the existing boat basin at 1809/1813 Futch Creek Road and would continue into Futch Creek through the connecting area located between "Bald Eagle Canal" and the previously permitted access channel. This entire section would be excavated in a footprint measuring 1,357' in length by 40' in width to -5' at MLW for a total of 6,760 cubic yards. According to the application, the existing water depths within the approximately 637 linear ft. "Bald Eagle Canal" section range from approximately 0' MLW to -3' MLW and existing water depths within the proposed excavation area located between the "Bald Eagle Canal" and the Futch Creek/AIWW access channel range from approximately 0' MLW to -2.0' MLW (see Sheets 8 and 9 of 15 and "Sealed Channel Survey" dated 7/7/2020). The proposal includes maintenance excavation of a previously permitted 300' by 40' area adjacent to Bald Eagle Lane (State Permit No. 18-95) through the approx. 500 linear ft. access channel located at the junction of Futch Creek and the AIWW to the Federal Channel. The entire footprint would be 760' in length by 40' in width to a final depth of -5.0' MLW. According to the proposal, existing water depths within the access channel located at the junction of Futch Creek and the AIWW range from approximately -1.0' MLW to -4.0 MLW. The proposed excavation would extend approximately 190 linear ft. into the Federal Channel Setback. DCM took water depths on November 13, 2023 from 2:00 — 2:10 pm within the proposed project footprint (see Sheets 1-9 of 15 for numbered parcels). DCM observed water depths between the southernmost docking facility at 1809/1813 Futch Creek Rd and the docking facility at 8717 Bald Eagle Lane (Parcel 3) to be approximately -4' NLW. Depths waterward of the docking facility at 8721 Bald Eagle Lane (Parcel 4) were observed to be approximately - 4.6' NLW. Depths waterward of the docking facility at 8725 Bald Eagle Lane (Parcel 5) were observed to be approximately -5.0' NLW. Depths waterward of the docking facility at 8729 Bald Eagle Lane (Parcel 6) were observed to be approximately -4.6' NLW. Depths waterward of the docking facility at 8737 Bald Eagle Lane (Parcel 8) were approximately -4.64' NLW. Field Investigation Report: Marc Noel DCM Major Permit Page 14 DCM recorded a water depth of approximately -3.5' NLW located waterward of the parcel at 8741 Bald Eagle Lane (Parcel 9) and -3.3' NLW at an existing oyster bed adjacent to 8748 Bald Eagle Lane (Parcel 10). DCM took a final water depths waterward of the docking facility located at 8748 Bald Eagle Lane (Parcel 10), depths were approximately -4.4' NLW. All water depths have been adjusted for low tide and were taken at approximately 2:00 pm, on November 13, 2023. DCM Observed water depths appear to be greater than what is provided on the submitted survey (see "Sealed Channel Survey" dated 7/7/2020). It appears that this area may be subject to drainage and subsequent scouring as DCM water depths taken are greater than what is shown on the hydrographic survey. Water depths were originally provided by the applicant with initial review of this proposal. Updated water depths may be requested during review of this proposal. Coastal Wetlands, primarily consisting of Spartina alterniflora, have been surveyed adjacent to and near the entire proposed dredge footprint. Both sides of the identified "Bald Eagle Canal" have Coastal Wetlands along the shorelines that border the footprint of the canal. The Coastal Wetlands appear to vary in width ranging from approximately 7' wide to 73' wide in some areas. There are also Coastal Wetlands located along the shorelines of the parcels located on Bald Eagle Lane. The Coastal Wetlands vary in width ranging from approximately 45' wide to 180' wide in some areas (see Sheets 1-9 of 15 for numbered parcels). The area of the proposed dredge footprint that comes closest to the Coastal Wetland resource is located waterward of the parcels at 8709, 8717, 8721 Bald Eagle Lane (Parcels 12, 3, and 4) and 1817 and 1809/1813 Futch Creek Road (Parcel 2 and subject property). The applicant is proposing a 10' buffer area off the Coastal Wetland resource areas (see Sheet 9 of 15). There are also oyster bed resources that have been surveyed adjacent to and near the proposed dredge footprint. The section of the proposed dredge footprint that comes the closest to the oyster bed resources is located waterward of the parcel at 8748 Bald Eagle Lane. The applicant is proposing a 10' buffer area off all oyster beds (see Sheet 9 of 15). The applicant has also provided DCM mapped Submerged Aquatic Vegetation (SAV) polygons from 2015 and 2021. The area of the proposed dredge footprint that comes closest to these mapped SAV polygons is located waterward of 8748 and 8744 Bald Eagle Lane (see Sheet 9 of 15). The entire approximately 216,000 sq.ft. excavation area would produce approximately 8,000 cy of material. The proposed excavation in the existing boat basin, the "Bald Eagle Canal", the connecting area located between "Bald Eagle Canal" and the previously permitted access channel would impact approximately 6 1,0 10 sq. ft. for a maximum of 6,760 cy of material. The proposed excavation in the previously permitted 300 ft. access channel and the area extending from Futch Creek to the Federal Channel in the AIWW would impact approximately 31,600 sq.ft. for a maximum of 1,240 cy of material. Bucket to barge methodology is proposed for the project. The applicant is proposing to use a private parcel, located adjacent to DA-228 on the southeastern side of the spoil island, owned by the Northeast New Hanover Conservancy. The spoil island is located at the convergence of Nixon Channel and the AIWW (see Sheet 15 of 15). The proposed disposal area would be approximately 299' in length x 110' in width. The spoil material would be placed within the current limits of disturbance and would not expand the existing disposal footprint. Northeast New Hanover Conservancy has granted permission to place the proposed spoil material on their parcel. The waters adjacent to the property owned by Northeast New Hanover Conservancy are open to shell fishing. Field Investigation Report: Marc Noel DCM Major Permit Page 15 The applicant has stated that, if needed, they understand that a consent agreement must be obtained prior to crossing a USACE right-of-way for spoil disposal. The applicant has not provided documentation from the USACE for the proposed excavation within the 80' Federal Channel Setback. 11. ANTICIPATED IMPACTS: The proposed dredging would disturb approximately 216,000 sq.ft. of shallow bottom substrate and open water and would be excavated to the connecting depth of -5.0' MLW. Of this total area approximately 14,112 sq.ft has been previously permitted for excavation. Specifically, the new proposed "Bald Eagle Canal" section would impact 28,630 sq. ft., the connecting area located between "Bald Eagle Canal" and the previously permitted access channel would impact 32,380 sq. ft., and the previously permitted section and channel to the AIWW/Federal channel would impact 31,600 sq. ft. The proposed footprint is within PNA and the waters of the AIWW and the mouth of Futch Creek in this area are designated as ORW. The proposed approximately 8,000 cy of excavated spoil material would be placed on a private parcel, located adjacent to DA-228 on the southeastern side of the spoil island, owned by the Northeast New Hanover Conservancy. Minor increases in turbidity can be expected during excavation. Name: Kelsey Beachman Date: 12-04-2023 Office: DCM - Wilmington Regional Office Field Investigation Report: Marc Noel DCM Major Permit Page Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1185 DCM Major Permit 10-31-2023 11-03-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Individual Mr. Marc Noel mnoel@noelgroup.net N/A 919-272-0302 Physical Address Mailing Address Street 1 1 City State Zip Street 1 City State Zip 10729 Trego Trail I Raleigh NC 27614 10729 Trego Trail Raleigh NC 27614 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Davey Resource Group Davey Resource Group DRGCAMA@davey.com 9104520001 9104520001 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 3805 wrightsville ave, ste 15 wilmington INC 28403 3805 wrightsville ave, ste 15 wilmington INC 28403 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) 1813 Futch Creek Road Private/Community 0 Sq. Ft. / 0 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: CAMA GP 66236 12/17/2015 Marc Noel CAMA GP 83-08 Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 1813 Futch Creek Rd Wilmington, NC 28411 New Hanover White Oak R03017-001-013-000 34.29931 -77.74581 Project Discharges to State Waters Discharge Type Surface Sanitary Runoff Wastewater Industry/Commercial Effluent Vessel Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: There is an existing single family residence with bulkhead, boat basin, and floating dock. No upland development is proposed. Existing Land Uses: Residential Existing Wastewater Treatment/Disposal: Residential homes and docking facilities; community docks and slips. Solid Waste/Fish Offal/Trash Disposal: Municipa, Use and Daily Operations of the Project When Complete Proposed Development Purpose: The proposed development is to allow residential property access to the ICWW. Build i ngs/Fa cilities/U nits/Structures: The applicant proposes to perform maintenance dredging on a 64' wide x 33' long boat basin, and 2,284' long x 40' wide channel. No upland development is proposed. Use & Daily Operations: The applicant proposes to perform maintenance dredging within the existing channel and boat basin to allow residential property access to the ICWW. Construction Methodology & Equipment: Typical bucket to barge equipment, backhoe, excavator, barge and bobcat / bulldozer. Equipment will be stored on site, if needed. Development Activities Narrative Specifics: See attached narrative. Application Narrative: Project Location and Existing Conditions The project is located adjacent to Futch Creek at 1813 Futch Creek Road in Wilmington, New Hanover County. There is an existing bulkhead with a 36' x 12' fixed platform and a 36' x 8' floating dock located on the property. Waters in the project area are classified as SA:HQW and are not open to shellfishing. There are no SAV or shellfish resources present within the channel limits. The area is classified as Primary Nursery Area. There are numerous references to a proposed Bald Eagle Canal in early to mid-1950's deeds associated with properties along Bald Eagle Lane and Futch Creek Rd. Deed references for Lots 12, 13, and 17 are included in Appendix C for reference. Descriptions for Lots 12 and 13 indicate the original Bald Eagle Canal did extend around the northern point of Bald Eagle Lane (see map references in Appendix Q. The existing channel can then be seen partially completed by 1956 and 1966 (See Appendix A). Sometime after 1966 the dredged channel on the easter side of Bald Eagle Ln and the connection of the Bald Eagle Canal to the AIWW was completed and is shown in the 1984 aerial. By the early 1990's a portion of the channel around the northwestern point of Bald Eagle Ln and a section near the AIWW had shoaled (See Sheet 5 of 13, Appendix A) and a project to open the mouth of the creek and restore tidal exchange in the creek was proposed. A 300' section connecting to the existing deeded channel to the AIWW was dredged under CAMA Major Permit 18-95. By 2006 the shoaling on the northwestern point of Bald Eagle Ln has increased and the portion of the channel dredged under permit 18-95 has started to shoal in again, although the 2016 aerial does show a fairly contiguous channel. More recent maintenance events have focused around the piers and docks and have not maintained the entire historic canal. Since access to the AIWW is again shoaled, additional maintenance dredging is proposed. See Appendix A for historical aerials that show channel excavation and Appendix C for historical documents referenced in this section. Proposed Action The property has two addresses associated with the parcel, 1809 and 1813 Futch Creek Road. The applicant proposes basin maintenance dredging in accordance with CAMA General Permit 66236 issued on December 17, 2015 to 1809 Futch Creek Road. The proposed boat basin dredging area measures 64' wide x 33' long to -5 MLW. The applicant also proposes maintenance dredging of the historic Bald Eagle Canal starting approximately 200' south of the basin and measuring 2,284' long by 40' wide to -5 MLW and connecting to the AIWW. Dredging will not extend into adjacent properties' riparian corridors and will remain within the historical channel limits. Bucket -to -barge excavation is proposed, and the amount of spoil generated from excavation will be approximately 8,000 cubic yards to be placed on private property adjacent to DA 228. See Appendix D for details. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: False Excavation Development Activity Included: True Excavation Details Amount & Type of Material to be Excavated From Below NHW or NWL Volume (Cu Yds) Area (Scl Ft) Type of Material "Other" Material Description 8000 216, 000.00 Sand Will Material Be Excavated From Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Wetlands Crossed Transporting Equipment to Site Steps Taken to Avoid/Minimize Environmental Impact False Excavation Purposes Purpose Length Width Avg Existing Depth Final Project Depth Access Channel (NWL or N L W) 2,284.00 40.00 2.30 5.00 Boat Basin 33.00 64.00 -1.00 -5.00 Excavation Disposal Area Details Disposal Area Name Available for Maintenance Location of Disposal Area Do You Claim Title Northeast New Hanover Conservancy Adjacent to USACE DA 228 No Adjacent to USACE DA 228 off the AIWW and Nixon Channel No Is Disposal Area Within Area of Environmental Concern Disposal Area Length Disposal Area Width Yes 299.00 110.00 Does Disposal Area Include Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Open Water (OW) How Will Excavated or Fill Material at the Disposal Area be Kept on Site and Erosion Controlled Existing vegetation, silt fence and/or berm at disposal location Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required Marina Development Activity Details Required Permit Class RENEWAL (MAINTENANCE 5) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,permit 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 Permit Number 83-08 Issued to Marc Noel,1809 Futch Creek Road, Wilmington, NC 28411 Authorizing development in New Hanover County at adi. to Bald Eagle Canal and Futch Creek, at 1809 Futch Creek Road, Wilmington as requested in the permittee's application dated letter dated 12/17/15, This permit, issued on January 15, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to the original of Permit No. 83-08, which was issued on 5/30/08, and copies of both documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal unless specifically altered herein. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on August 2, 2020 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 Chairman of the Coastal Resources Commission. �gBraxton C./ ' vis, Director ivilsion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marc Noel ADDITIONAL CONDITIONS Maintenance Clause Permit No. 83-08 Page 2 of 2 3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work 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 of the 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. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 08-0524. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2008-01332-065. Permit Class Permit Number MODIFICATION/MAJOR 83-08 STATE OF NORTH CAROLINA Department of Environmental Quality and RECEIVED Coastal Resources Commission e1+intt APR 0 4 2018 for DCM- WID CITY 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 Marc Noel,10729 Trego Trail, Raleigh, NC 27614 Authorizing development in New Hanover County adj. to Bald Eagle Canal & Futch Creek, at 1809/ 1813 Futch Creek Road, Wilmington , as requested in the permittee's application dated 1/9/18, Incl. attached workplan drawings (2), 2-3 of 3, both dated 1/9/18. This permit, issued on March 23, 2018 , 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. Docking Facility 1) This permit authorizes only the reconfigured docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the reconfigured docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the 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. Y 7 Any maintenance work or project modification not covered Braxto Dav1S, Director . hereunder requires fiu-ther Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Z4?e ""I Signature of Permittee -------------- ----- ----------- Marc Noel APR 0 4 2018 Permit No. 83-08 Page 2 of 3 DCM- MHD CITY ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 2 formalized boat slips at the reconfigured docking facility. 6) Should the adjacent property to the north be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A: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. General 9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) This Major Modification shall be attached to the original of Permit No. 83-08, which was issued on 5/30/18, the Renewal issued on 1/15/16, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 12) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 13) This Major Modification does not authorize the interference with any existing or proposed Federal project, and the permittee 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. 14) No excavation or filling of any vegetated wetlands is authorized by this Major Modification. Marc Noel ADDITIONAL CONDITIONS Permit No. 83-08 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 assigned the proposed project Action ID No. SAW-2008- 01332. NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2008- 0524v2. NOTE: An application processing fee of $250 was received by DCM for this project. RECEBVEl) APR 04 2018 ®CM- MHD CITY Permit Class fi NF W Permit Number 83-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ernnit for I 1cop JLJL 2 2 2008 X_ Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Morehead City DCM X Excavation and/or filling pursuant to NCGS 113-229 Issued to Marc Noel, 1809 Futch Creek Rd., Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to Bald Eagle Canal and Futch Creek, at 1809 Futch Creek Road , as requested in the permittee's application dated 1/25/08. including the attached workplan drawings (3) all dated 1/25/08 This permit, issued on May 30, 2008 , 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 1) Excavation shall not exceed —5' feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) The temporary placement or double handling of fill materials within waters is not authorized. 3) No Coastal Wetlands shall be excavated or filled. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2011 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 DENR and the Chairman of the Coastal Resources Commission. r r1� James H. son, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marc Noel Permit # 83-08 Page 2 of 3 It ADDITIONAL CONDITIONS Spoil Disposal 4) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into surrounding waters. 5) No spoil material is to be placed within 30 feet of the normal high water line. Once the spoils have properly dried, it may be used to backfill the area behind the bulkhead. Shoreline Stabilization 6) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawing. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the bulkhead is permitted except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Docking Facility 11) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 12) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. Marc Noel Permit # 83-08 Page 3 of 3 ADDITIONAL CONDITIONS 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 15) This permit authorizes one boatlift and one boat slip for a maximum of two formalized boat slips. Sedimentation and Erosion Control 16) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 19) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 08- 0524. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2008-01332-065. A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary May 30, 2008 Mr. Marc Noel 1809 Futch Creek Road Wilmington NC 28411 Dear Mr. Noel: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff - colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sily, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper t Permit Class NNW Permit Number 83-08 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission rrm 1, t 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 Marc Noel, 1809 Futch Creek Rd., Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to Bald Eagle Canal and Futch Creek, at 1809 Futch Creek Road , as requested in the permittee's application dated 1/25/08, including the attached workplan drawings (3) all dated 1/25/08 This permit, issued on May 30, 2008 , 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 1) Excavation shall not exceed —5' feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) The temporary placement or double handling of fill materials within waters is not authorized. 3) No Coastal Wetlands shall be excavated or filled. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2011 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 DENR and the Chairman of the Coastal Resources Commission. r� James H. son, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Marc Noel I Permit # 83-08 Page 2 of 3 ADDITIONAL CONDITIONS Spoil Disposal 4) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into surrounding waters. 5) No spoil material is to be placed within 30 feet of the normal high water line. Once the spoils have properly dried, it may be used to backfill the area behind the bulkhead. Shoreline Stabilization 6) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawing. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the bulkhead is permitted except for that which may be required for the construction of the bulkhead wall, deadmen cables, etc. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Docking Facility 11) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 12) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. .................. I— ...... ...............--- Marc Noel Permit # 83-08 Page 3 of 3 ADDITIONAL CONDITIONS 14) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. 15) This permit authorizes one boatlift and one boat slip for a maximum of two formalized boat slips. Sedimentation and Erosion Control 16) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 18) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 19) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 08- 0524. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2008-01332-065. i DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Marc Noel 2. LOCATION OF PROJECT SITE: 1809 Futch Creek Road, adjacent to Bald Eagle Canal and Futch Creek/Middle Sound, in, New Hanover County. Photo Index — 2006: 22-7431, J, K- 24 2000: 22-279, K-5 1995: 22-262, J-6 State Plane Coordinates - X: 2379096 Y: 202405 Latitude: 3497'58.33658"W Longitude: 77°44'41.41255"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0-082110A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/21/07 Was Applicant Present — Yes (Agent) 5. PROCESSING PROCEDURE: Application Received—03/05/08 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic System Planned - N/A (F) Type of Structures: Existing - Single Family home, boat basin, bulkhead, fixed pier and floating dock, Planned — Expand existing basin, new bulkhead, platform, floating dock and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands (Open water 806 sq. ft. (Incorporated) (C) Other (Highground) 1,925 sq. ft 4,180 sq. ft. (D) Total Area Disturbed: 6,911 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No PROJECT SUMMARY: The applicant proposes to expand existing boat basin and construction of a new bulkhead, platform, floating dock and boatlift adjacent to Futch Creek. r Marc Noel Page 2 9. PROJECT DESCRIPTION: The project site is located at 1809 Futch Creek Road, adjacent to Bald Eagle Canal and Futch Creek, in New Hanover County. To locate the property from Market Street (NC Highwayl7), turn onto Porter's Neck Road and travel east approximately 2 miles. At the stop sign, turn left onto Bald Eagle Lane and travel north approximately 1 mile until you reach Futch Creek Road. Turn left on Futch Creek and the property of interest will be located on the right. The lot is approximately 0.78 acres and averages 12' above mean sea level. The applicant's property consists of a single-family residence and accessory structures. Upland vegetation consists of ornamental landscaping, maintained lawn grass and hardwood species, primarily Oak Trees. The approximately 169' of shoreline is partially stabilized by riprap adjacent to an existing manmade basin located on the northern end. The basin is also partially stabilized by a wooden bulkhead. The remaining shoreline is bordered by coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterniora), which covers an area approximately 6' in width. There is also an area of coastal wetlands adjacent to northern end of the basin spanning an area of approximately 50' in width consisting primarily of Smooth Cordgrass (Spartina alterniora). There is an existing fixed pier leads onto a floating dock within the basin. The application states that the existing docking facility currently accommodates two (2) vessels in approximately —2' @ mean low water (MLW). The New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Futch Creek are classified SA by the Division of Water Quality. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand existing boat basin and construction of a new bulkhead, platform, floating dock and boatlift adjacent to Futch Creek. The application states that the existing basin would be expanded landward into the applicant's highground with dimensions of 55' in length by 35' in width to a final project depth of-5' @ MLW. The application also proposes maintenance excavation of the access channel to Bald Eagle Canal with dimensions of 25' in length by 35' in width to a final project depth of —5' @ MLW. The material would be mechanically removed and placed on the applicant's highground in an area of an area approximately 120' in length by 20' in width. The application states that this area would be stabilized with silt fencing while the material de - waters. The parameter of the new upland basin would be stabilized with a new wooden bulkhead, measuring 14' in length by 35' in width by 40' in length. A new platform, measuring 35' in length by 10' in width would be constructed waterward of the new 35 linear feet of bulkhead. An access ramp would then lead onto a floating dock, measuring 36' in length by 8' in width, which would run perpendicular to the shoreline and canal. A boatlift, measuring 12' in length by 14' in width would be located on the southern side of the floating dock. The application states that the new configuration would accommodate up to two (2) vessels. 10. ANTICIPATED UYTACTS: The proposed basin expansion would impact approximately 4,325 sq. ft. of Estuarine Shoreline AEC in result of the removal and the placement approximately 158 cubic yards of material. Approximately 875 sq. ft. of shallow bottom would be impacted for the proposed maintenance excavation of the access channel within Estuarine Waters and Public Trust Area. The new bulkhead around basin would incorporate approximately 1,780 sq. ft. highground for associated backfill and anchor system. The proposed docking structures would incorporate approximately 806 sq. ft. of Estuarine Waters and Public Trust Area. The proposed structures would accommodate up to two (2) vessels. Minor increases in turbidity should be expected during construction. The docking facility would be located entirely within the applicant's basin and would conform with the 1/4 width distance rule and the established pier length. As proposed, the applicant's proposal would encroach into the adjacent riparian corridor 15' setback requirement, however the applicant has received a waiver for the platform from the adjacent riparian property owner. Submitted by: Robb L. Mairs Date: 3/17/2008 Office: Wilmington Recommendations for State Permit —Marc Noel N17/2008 Square footage of docks were calculated as follows: 36' x 8' Floating dock (proposed)= 288 sq. ft. 35' x 10' Platform area (proposed)= 350 sq. ft. Total= 638 sq. ft. Shoreline Length = 169'x 4'= 676 sq. ft. Allowable The construction would potentially provide docking space for the total up to three (3) vessels; however, the application states that only two (2) slips are proposed. I have no objections to the proposed project. Any permit issued should include the following conditions: l . This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 7. This permit authorizes a maximum of two (2) boat slips. At no time shall more than two (2) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 8. In order to protect juvenile shrimp/finfish/shrimp and finfish populations, no excavation or filling will be permitted between April l' and September 30t' of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 9. Excavation will not exceed 5 feet below the mean low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10. All excavated materials will be confined above mean high water 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. Continued recommended conditions on next page 11. The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 12. No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 13. The bulkhead must be constructed prior to any backfilling activities. 14. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 15. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 16. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 17. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. F d S Marine Contractors, Inc, P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N. C. 28480 Durwood Sykes Phone/Fox 910-256-3062 email: ef/y@msn. com 25 Tan. 2008 NCDENR Wilmington, N.C. The enclosed CAMA Major Permit application for Mr. Marc Noel, 1809 Futch Creek Rd., Wilmington, N.C. is to perform maintenance dredging in an existing boat basin, enlarge the basin back into the applicants property, install a new bulkhead, fixed deck, floating dock and boatlift. The facility will have a total of two boat slips, and is for the applicants family use. �008 RECEIVED MAR 0 5 2008 DCM WILMINGTON, NC Complete Marine Construction Service For Over 32 Years Piers - Bulkheads - Floating hocks - Boatlifts - Pilings - Repairs ac mm APPLICATION for Malor Development Pernift {last revised 12127105) 6 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information SusMeSS Name Prolect Name (if applicable) Applicant 1: First Name M MI /ngRC Last Name ,Yak I Applicant 2 First Name `MI f Last Name If additional applicants, please attach an additional page(s) with names fisted. Mailing Address /Ao9 67L4 C,clv4e Rd PO Box City l�►lAt�,�► State n�c ZIP �8 yJl Country NUJ IIN Phone No qio -d% t nil y"r _3DGV � FAX No. qo -asp 306� Street Address (it different rrom above) City State ZIP Email 2 Agent/Contractor Information Business Name Age nU Contractor 1 First Name M! last Name rZ N� AganU Contractor 2: First Name MI Last Name Mailing Address PO Box 86811� �A14H13jli State ZIP Phone No I Phone No 2 FAX No ?10- C2 3oG1 Contractor d Street Address (if different /rain above) City j state ZIP Email L9 /HSA + cam <Form continues on bai:0 MAR 0 5 2008 ®CAI WILA► INGTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Au ov iu-'YL Street Address State Rd. # Subdivision Name city �ill)h6 State Nc Tip 2e Yll phone' too_ Lot No.(s) (if many, attach additional page with list) 9/b -aa-3e7r4,� a. In which is the project located? b. Name -of Of water nearest to proposed project �NCri�river�basin Ci r[..�7��={� C. Is 1:96 water body identified in (b) above. natural or manmade? `a,TNatural d. Name the cl sest major water body to the proposed project site. 0#JL 4qVV% ❑Manmade [,Unknown 1JJAWvV S. Is oposed worts within city limits or planning jurisdiction? I. It applicable st the planning jurisdiction or City limit the proposed Yes ❑No wot'R falls within. 4. Site Description a_ Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) v ?0 _/ c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or �Bj�C/tG� NWT (normal water level) r/Z (If many lot sizes. please attach additional page with a fist) ❑NHW or (f/ WL e. Vegetation on tract f. Man-made features and uses, now on tract g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? i. Is the roposed project consistent with the applicable zoning? /f (Alt h zoning compliance certificate, if applicable) ❑No ❑NA es j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes MN k. Has a professional archaeological assessment been done for the tract? if yes, attach a copy. []Yes o C]NA If yes, by whom? 1. 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 - MAR 0 5 200 DCM WILMINGTON, NC Form UUM MP-1 (Wage J Ot 4) rrr-uc.rr+vrra TWI Major Development Permit m. (i) Are there wetlands on the site? s ONO (ii) Are there coastal wetlands on the site? �s ONO (tii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes VN. (Attach documentation, if available) n. oescriba existing wastewater treatment facilities. SC, ff C J1 Vk o. Describe exisling do king water supply source. p. Describe existinstorm water management or treatment systems tL ti Lwd� 5. Activities and Impacts ff. VUtll the Df lecf be for co-Mmercial, public, or private user goinmercial b- Give a bnef descnplion of vpurpose. use, and daily operations of the project when complete` �� /o L�hClPn�r� N+� ::�15 rlN�i41r7'�vf ��1,F I)1141�J 1'Char►cv �'�fd196 /n 7?�s 084eJ 1,�,r c. Describe the proposed construction methodology, types of construction equipment to he used during construction, the number of each type f equipment and where it is to be stored / ok�" Boim m yw Ta�4 J'w� 5�f lo uts1J k*Jg4ow JG- ► 1 yo , l mf J �;k A4 k% ULs� ID P/V 1J> L- d)Jv 7 d lJr .) 7PIL" ✓ J I+[�� d. List all Jevelopmeirt acl(vili s you propose IQC D ,=t7�L� ¢ L-hL tc# CYt17��1f VUX'r BIWA,l�rr>�! e. Are the proposed activities maintenance of an existing project, new work, or both'? Lam` 'QJ'14 - t- What is the approximate total disturbed land area resulting from thq proposed project? ❑Sq Ft or ❑Acres y' )Q5 L-V iv OjW41 BtiA 6".10) g Will the proposed project encroach on any public easement. public accessway or other area OYes UNo (:]NA that the puhfic has established use of? h. Describe location and type of existing and proposed discharges to waters of the state i. Will wastewater or stormwater be discharged into a wetland? (:]Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving watery ❑Yes O V❑NA j. Is there any mitigation proposed-7 " " T_ ❑Yes U1.40 '[3NA If yes, attach a mitigation proposal. <Form continues on backs RECEIVE® MAR 0 5 2008 DCM WILMINGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation 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 (al -� (0 are always applicable to any major development application. Please consult. the application - instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish ''oetxree�t•wdr� can{Aeta,rarhrproposdu. 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 OENR. I. 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 f } ,f aw 1 Phone Address fi?O� 7o 61&4, Ps/'r * MY11 Name Lt y�yn Phone No, B� Address` b Name Phone No - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers. permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i, wetland delineation, if necessary. _J__Asigrv.Kt,AF ha7arrf-nntire. fnr nrniarte in k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-TO), if necessary. If the project involves expenditure of public -Ai pd s or use of public lands, attach a statement dgcumenting compliance oath tfie,North-Carolina-Environmental Policy Act.- I �- }.: - rtificstion-and -Permission to Enter on. Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be -subject to the conditions and restrictions contained in the permit. i certify that f 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 withevaluating inforrnatiort.related.. to this permit- apokcati©n and- follow-up_._ enanitoring oftheproles€. _ I further certify that the yiinfformation provided in this application is truthful to the best of my knowledge. Date S' �`^"` Print Name K n Signature Jol tre- Please indicate application -attachments ,pertaining to°your proposed project CJ.DCM MP-2 Excavation and Fill Information CIDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVE® MAR 0 5 2008 DCM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. v vSiJ<e{`veiu7riic`fiui� cv �.7c;}:-r.:�:.�u�.'.`e.v.:.-T�.noivr�if�c.�ii:t..iexn �.�iv�:��•:w��iti��'-�4�lnn �n i'3Q�.....�,..,...�...,,,a..� �,..�.,-...R� Access Other Channel Rock (excluding (NLW or Canal Boat basin Boat Ramp RockGroinBreakwater shoreline NW - stabilization Length a sl 5 �/ Width 251 35` Avg. Existing NA NA Depth "3 ill kl Final Project i . H ` ! ^ sIGJ NA NA Depth_ LW 1- EXCAVATION �Y ❑This section not appficabfe a. Amount of material to be excavated [torn below NHW or NW L in b Type of material to be excavated cubic yards. 31164 c (i) II the area to be excavated include coastal wetlandsimarsh d High -ground excavation n cubic yards. (CW ), submerged aquatic vegetation (SAV), shell bottom (SB), Q j 1 y) IY '1y �1(Q at other wetlands (WL)4 if any boxes are checked, provide the (� L L number of square Y11,� lected QCW ❑SS ❑WL (ir) Describe the purpose of the excavation in these areas 2. DISPOSAL OF EXCAVATED MATERIAL a Location of disposal area. t11n .S� 5 C. (i) Do ou claim title to disposal area? [ (-es ❑No ❑NA (ii) II no, attach a letter granting permission from the owner. e (i) toes the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegeidtiun (SAV), shell bottom (56). or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected ❑CW ❑-4v ❑SB QVdL one (ii) Oescribe the purpose of disposal in these areas. ❑This section not applicable b Dimensions of disposal as d_ (i) Wi a disposal area be available for future maintenance? es ©No ❑NA (ii) If yes. where) f. (i) Does the osal include any area in the waler-7 QdiYes o ❑NA (ii) II yes, how much water area is affected' RECEIVED MAR U 5 2008 DCM WILMINGTON, NC 3. SHORELINE STABILIZATION (it detrelopment is a wood groin, use MP-4 — Structures) a. T of shoreline stabilization: ulkhead oRiprap ❑BreakwatertSill ❑Other. c: Average distance waterward of NHW or NWL: © — 0This section not applicable -b. length: Width: d. Maximum distance watervrard of NHW or NWL: U _ P_, TVpp.ptstabJi7aiino. ma;e[ial: f. (i),Has there been shoreline erosion duringprecedina l2 J Awl-- months? ' ��JlJit"1- QYes (/No ❑NA 2 w (f ! L% (ii) If yes, state amount of erosion and source of erosion amount vol'J 16 Y ✓S /' 6� f �' information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead baclAfill Ripmp t�- Breakwater/SiA father i. Source of fill material. 4. OTHER FILL ACTIVITIES ` (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? OYes ONO If yes.- (ii) Amount of material to be placed in the water T (iii) Dimensions ci fill area (i4purpose Orrin section not applicable ]NA b.,._(i) Will fill material be placed in coastal welfandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ®CW ❑SAV QSB OWL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? r �'.uh, ey Lmki etc c. (i) Will navica onal aids be required as a result of the project? ❑Yes a QNA (ii) If yes. explain what type and how they will be implemented. b. What type of construction equipment will be used je:g:. Cragfine: Daarkkh4e, or hydraulic dredge)? Jr d. (1) Will wetlands bJNC(o ssed in transporting equipment to project site? QYes ❑NA (ii)af yes. explain steps that will be taken to avoid or minimize environmental impacts- cREtrtI V CY MAR 0 5 2008 DCM WILMINGTON, 1 Fora, DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete ail 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 lacihtylmanna: b ❑Commercial ❑Public/Government iPnvate1EVqFRWA0"0J6 (i) Dock(s) and/or piers) (ii) Number (iii) Length _ (iv) Width �T (v) Floating Yes (:]No e (i) Are Platforms included? ((Yes ❑No If yes (ii) Number (ui) Length (w) Width I!7 (v) Floating ❑Yes Na Note: Roofed areas are calculated from daptine dimensions g (i) Nt,mber of slips proposed (it) of slips existing i. ick the proposed type of siting: and cut and access channel ❑Open water; dredging for basin and/or channel ❑ripen water, no dredging required 0011her, please describe: k. Typical boat length 1- J f M. (i) Will the !a Ility have be pilings? ❑Yes Na (it) If yes number of tie pilings? d ❑ This section not applicable (i) Will the lac ty be open to the general public? ❑Yes No (i) Are Finger Piers included? []Yes �Wo If yes. (n) Number (m) Length (w) Wldth (v) Floating ❑Yes ©No p) Are Doattdts included? 81Yes ❑No If yes: (u) Number (in) Length (iv) Width k/,V— h Check all the types of services to be provided. Jai)# ❑ Full service, including travel lilt and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Oor:kage ('wet slips") only. number of slips. ❑ Dry storage, number of boats ❑ Boat ramp(s), number of Wal ramps ❑ Other, please describe. I Describe the typical boats to be served leg. open runabout, ch rter boats, sailboats. mixed types) I (r) Will the (a it be open to the general public? ❑Yes No RECEIVED MAR 0 5 2008 DCM WILMINGTON, NC 2. DOCKING FACILITY/MARINA OPERATIONS jt� (WThis 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 goats be controlled? e. 61 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 Give the location of fuel -handling lacilities, and describe the safety measures planned to protect area water quality- ). What wits be the marina policy on ovemight and live -aboard dockage? k. Describe design measures that promote goat basin flusning-r I If this project is an expansion of an existing manna, what types of services are currently provided'? RECEIVE® MAR 0 5 2008 DCM WILMINGTON, NC • m. Is the mannalldocking facility proposed within a primary or secondary nursery area? 'QYes ❑Na n. Is the marinaldocking 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 ($AV), shell bottom (SB), or other wetlands (WL)? it any boxes are checked, provide she number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑Nona p, Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? QYes ❑ND It yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) Y/19 9This section not applicable a. (i) Is the boathouse structure(s), ❑Commercial ❑Pubhc/Government ❑PnvatelCommunity (u) Number (in) Length (iv) Width Note: Roofed areas are calculated from dnptine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill) a (r) Number _ (in) Length (nr) Width 5. BREAKWATER (e.g_ mood, sheetpile, etc.) a Length c. Maximum distance beyond NNW. NWL or wetlands section not applicable section not applicable b Average distance from NHW, NWL or wellands 5. MOORING PILINGS and BUOYS "*/A MThis section not applicable I a Is the struclure(s)- ❑Commercial ❑PubtictGovemment ❑PnvatetCommunity c Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present- e. Arc of the swing b. Number d. L)esenption of buoy (color, inscription, size, anchor. etc ) RECEIVED MAR 0 5 2008 DCM WILMINGTON, NC GENERAL a. Proximity of structure(s) to adjacent riparian property fines IF yvrwroem at veseef. 013Q CZ 0[dYI0T 7U OUJ 4&� c. W�iddtthhof water body e. (i) Will naviga*nal aids be required as a result of the project? OYes V No ❑NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description. -11rAs 1/flVset7 / s ru E'"&k6 njt) l=Yisra" 1J9K b. Proximity of structure(s) to adjacent docking facilities. -t" 16% e d. Water depth at waterward end of structure at NLW or NWL i3V SQ Date Project Name Applicant Name Applicant 543nature 0 ❑This section not applicable Jt� 13ree JATD 116A ] Witt & 4 i Aqw d-v 7u Bwr RECEIVE® DCM WILMINGTON, NC r M J Arin ot3 x X 1 x x O � • � C� X X X q OF CH NEL X o_ x RIPARt LINE ' QPPARIAN LIN X X \: X \y { MEAN LOW \ HIGH WATER UNE1 WA TER LINE v' ` j a x N 05'57'J@2 -. ow + s 45.09 55 MEAN L W x TOP OF THE BANK WATER LINE X !ut • ^ V EDGE OF FUTCH CREEK BULKHEAD N 0 PER M85 PG1225 19000 RETAINING Z ��r m N WALL ON140-20 FLOOD UNE M /---- 4' FENCE ACto FLOOD 0X • ZONE X LED . � SOT 26 11.7 / 0.78 Acres RECEIVED I Cclvc. Z' PA n ECK 2a 5 MAR -0 5 2008 Cal DCM WILMING 014, We`)S j�n � VV fA OF 1��1lK x B� WAI€R i ME � d pj,loe,o,�� ?4jdowl Mid x` x ,�_ •c�A�iuv U x LOW HIGH NWER UN£t UN£ `. 45.09 O✓ 70P OF THE �.—oeoo' w.- w r 4' FENC€ RECEI MAR 0 5 2008 LOT 26 G- 78 Acres CM WILMkGT_W' I& 4,K Zft �: PA G7C 2a3 L* � a►� v • w :3 w CD Y o v t� � tD r=A °o �� M ca 07l �U)LLE a CD (� h m jr�c (a e j ( �cm a > w.. . �C U o � a n Z 5U Z m c c oo OS m LLJ LL N L% 3� n LL Z Lit z o ` a E Z z La y U U ca / � J o U LL a co co y V LLI Q 3 O W w__ X N N r S L CL v 0 a3 N V � a 1.7 Pj' v /' • 14 qCt ¢,71 cj � 17 RC p R q \ /�.� �.� � �' ,a?.4d� •`a_..ic�"S�'�' to �� 6- � !+ n� 15 ww yT �j r .kenape � (a `_' •x'Po���a; U ----- " Rpm_ ---- - .._-------� -� � 3 Q Qi 4//--4% JVPW HfRs C�' ir - T mNOV,16 $ , jy .1a 17 Zz i ! 1 18 „ Pam% ; s 19 Igo A!{ RECEE OFF„ ` 1 s s MAR 0 5 2W8 20 � 7* orill DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Marc Noel COUNTY: New Hanover LOCATION OF PROJECT: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal / 'd 1 Sound TOM DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3- 5-08 FIELD RECOMMENDATION: Attached: YES To Be Forw ded: N00 2008 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Mairs 3 IliISTRICT C�1 A94ftl'V>6NGT"ON7�('1V DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 3-20-08 ADJ. RIP. PROP NOTICES REC'D. ✓ APPLICATION ASSIGNED O: C) 75 DAY DEADLINE: .5bg MAIL OUT DATE: 3-18-08 FEDERAL DUE DATE: FEE REC'D: $400.00 (60/40) END OF NOTICE DATE: 4-10-08 DEED REC'D: ON: 3 /2 q �L7 150 DAY DEADLINE: STATE DUE DATE: 4-10-08 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance �� [� Land Quality Section Z B/$ Division of Water Quality 77 ob Storm Water Management (DWQ) State Property Office E Division of Archives & History Division of Environmental Health q1 z L7 Division of Highways 3 a Wildlife Resources Commission �/(2 Z(0 /� Local Permit Office Division of Marine Fisheries p Corps of Engineers lJ"�J F0S 7/'�C/ojj "/1 Permit # 0-5-00 DCM Coordinator: �• ��L�ry.� MAILING DISTRIBUTION Permitee: /gh4z, 46, Agent: DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Scott Jones William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington Dave Timpy Cultural Resources: Renee Gledhill -Early Public Water Supply: ebra Benoy (WIRO) Fred Hill (WARD) Marine Fisheries: ) Anne Deaton NC DO _;� Ken Pace n: /Patti Fowler State Pro a June Michaux Wate7Qui3fli Cyndi Karol ennessy ((INC DOT) Washington: Vivian Christy Wilmington: -5— at,- r c S64���� Wildlife Resources: Maria Dunn (WARD) Molly Elwood (WIRO) LPO: Fax Distribution: Permitee # Agent #: c110 - Z.5,6 - ? 0 4 Z MEMORANDUM To: Daneil Govoni From: Mike Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Marc Noel, adjacent to Bald Eagle Canal and Futch Creek, New Hanover County Date: May 15, 2008 Provided all local, state and federal requirements can be met, this project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to expand an existing boat basin and construction of a new bulkhead, platform, floating dock and boatlift adjacent to Futch Creek. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW, and PT. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area (PNA). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection and Conservation. In general, Wilmington -New Hanover County allows development in Resource Protection and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update Cc: Robb Mairs, DCM mr k, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 MEMORANDUM: APR 2 2 2008 TO: Molly Ellwood WiRo Mor hh �, coQ�ua NC Wildlife Resources Commis ��tjr DCM 8 4, FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 com nts. SIGNED DATE 0 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 17, 2008 Marc Noel 1809 Futch Creek Road Wilmington NC 28411 Subject Property: Marc Noel —1809 Futch Creek Road Colleen H. Sullins, Director Division of Water Quality DWQ Project # 08 - 0524 New Hanov APR 2 2 ?008 Approval of 401Water Quality Certification with Additional Conditions Wr®hoeu City DCM Dear Mr. Noel: You have our approval, in accordance with the attaoi4 ftditions and those listed below, to expand the existing boat basin and construct a new4y' ead g plaf tii _dock and boatlift as described within oa your application received by DWQ on18 2048 Affter reviewYrig:�our application, it has been determined that the impacts are coveree tcral, ater Quality Certif cafion,Numbers 3495 (GC3495), 3687 (GC3687), and 3698 (GC3698). The Certifications allo,*c you to UK the regional General #Is 198700056,198200277, and 197800080 Permits whek issuedby the US Army Corps of Engineers. In addition, you should obtain or otherwise comply with any _.othe>. -equired federal, state or local permits before you go ahead with your project including (but not limited.to4 �Qsion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proeb with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you maybe required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. One Carolina dvatura!!u North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www ncwaterauality or¢ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 2 Marc Noel —1809 Futch Creek Road New Hanover County 2008-0524 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Offi& Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification An 4&s` .onditions are final and binding unless you ask for a hearing. is Violations of any condition herein set forths xresult m revoc9tion of this Certification and may result in criminal and/or civil penalties. The authorizati6t! t6: roceed with`your proposed impacts or to conduct impacts to waters as depicted in your application ana' utk oxipd by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Quality undis'tiri401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan in the Centrd Office in Raleigh at 919- 733-1786 or Chad Coburn in the DWQ Wilmington Regional Office at 910-796-7215. Sincerely, Coleen H. Sullins, Director Division of Water Quality Enclosures: GC 3698, GC 3495, and GC 3687 Certificate of Completion cc: Ian McMillan - DWQ 401 Oversight Unit David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City Rob Mairs — DCM Wilmington Ed Flynn — F&S Marine Contractors, Inc., 868 Wrightsville Beach, NC 28480 Central Files WiRO Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date Water Quality Certification No. 3698 ►o OF ENGINEERS NATIONWIDE PERM OF EXISTING BASINS) AND REGIONAL iGEN DREDGING IN OPEN WATERS) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) Water Quality Certification Number 3698 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0201 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) (35) Maintenance Dredging of Existing Basins, or Regional (General) Permit Number 198200277 and 199602878 (Canals and, Boat Basins in High Ground and Maintenance Dredging in Open Water), and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Excavation and/or filling of wetlands is not authorized by this.General Certification. Any proposed fill or modification of wetlands and/or waters, including streams, requires application to, and written approval from the Division of Water Quality (the Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, Randleman `and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer'k,ules] in effect at the time of application [in accordance with 15A NCAC 213 .0200]), unless the activities are listed as "EXEMPT" from these Rules - In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for written approval for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees, Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts authorized in the written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3698 Water Quality Certification No. 3698 b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNA's), Trout Jr), SA, WS-1, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion control requirements. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 4. Construction Stormwater Permit NCG0100b0 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation, control program, an NPDES General stormwater permit (NCG010000) administered by the Division is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enrstate.nc.uslsu/Forms Documents.htm. 5. Construction Moratoriums and Coordination The timing of the dredging and discharge shall be coordinated with State and Federal agencies and the applicant in order to lessen impact on aquatic organisms and their reproduction. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern must be obeyed. 6. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Water Supply Watershed Buffers The 30-foot wide vegetative buffer (low -density development) or the 100-foot wide (high - density development) shall be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through .0215). Water Quality Certification No. 3698 Water Quality Certification No. 3698 7. Riparian Area Protection (Buffer) Rules Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar -Pamlico, Randleman, Catawba (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250, and .0243, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All riparian area protection rule requirements, including diffuse flow requirements, must be met. 8. The canal or boat basin shall be allowed to be dredged to its original depth and width. The applicant is required to supply information regarding the original depth and width of the site. The area shall not be dredged to a depth deeper than the receiving water. 9. All fill material shall be placed on high ground and be from an upland source, and excavation shall not occur in Primary Nursery Areas. 10. If an environmental document is required under NEPA or SEPA, then this General Certification is not valid'until a Finding'of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 11. If concrete is used during this activity, then a dry work area should be maintained to prevent direct contact prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possibleaquatic life/fish kills.11,., Additional site -specific conditions may be added to the cover letter in order to ensure compliance with all applicable water quality and effluent standards. 12. When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 13 This General Certification shall expire three (3) years from the date of issuance of the written approval or on the same day as the expiration date of the corresponding Nationwide Permit 35 or Regional Permit 198200277. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then the General Certification shall also remain in effect without requiring re -application and re -approval to use this Certification for the specific impacts already approved. 14. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this General Certification for the project and may result in criminal and/or civil penalties. Water Quality Certification No. 3698 I Water Quality Certification No. 3698 The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: November 1, 2007 DIVISION OF WATER QUALITY By Cole'en H. Sullins Director" History Note: Water Quality Certification Number 3698 replaces Water Quality Certification (WQC) Number 3349 issued on March 18, 2002, Water Quality Certification (WQC) Number 3489 issued December 31, 2004, and Water Quality Certification (WQC) Number 3635 issued on March 19, 2007. This General Certification is rescinded when the Corps of Engineers re- authorizes this Regional (General) Permit or when deemed appropriate by the Director of the DWQ. Water Quality Certification No. 3698 4 Water Quality Certification No. 3687 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS: 3 (MAINTENANCE), ICU AkIr%II/ll nl 1rr AND FLUMES), 6 (SURVEY ACTIVITIES-25 CUBIC YARDS FOR TEMPORARY, PADS). 7 (OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES) 19 (MINOR DREDGING) 20 (OIL SPILL CLEANUP) 22 (REMOVAL OF VESSELS) 25 (STRUCTURAL DISCHARGE) 30(MOIST SOIL MANAGEMENT FOR WILDLIFE) ')'I //%^MINI CTrn r�1r !J AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) Water Quality Certification Number 3687 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in 33 CFR 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer Rules) in 15kNCAC 2B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter.set forth. Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division" ): a. Impacts equal or greater than 40 linear feet of additional permanent stream impact at an existing stream crossing location, or b. Temporary or permanent impacts equal to or exceeding: one-third (1/3) acre of wetlands East of Interstate-95, or one -tenth (1/10) of acre of wetlands West of Interstate-95; or c. Any impact associated with a Notice of Violation or an enforcement action initiated by the Division and/or the Division of Land Resources; or d. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division and/or Division of Land Resources; or e. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, Randleman and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless the activities are listed as "EXEMPT" from these Rules - In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities included in this General Certification and below the thresholds listed above do not require written approval from the Division of Water Quality as long as they comply with the Conditions of Certification listed below. If any of these Conditions cannot be met, written approval from the Division is required. Water Quality Certification No. 3687 Water Quality Certification No. 3687 Conditions of Certification: 1. No Impacts Beyond Those Authorized for this General Certification No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the thresholds established for use of this General Certification, or beyond the footprint of the impacts authorized in the written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Design, installation, operation,, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North CarolinaSediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. ,except for publicly funded linear transportation projects when materials can be accessed offsite in a timely manner. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 046 .0124) supercede all other sediment and erosion control requirements. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters outside of the permitted impact areas without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then the design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 4. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by the Division is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If the Water Quality Certification No. 3687 Water Quality Certification No. 3687 activity is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self -monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.uslsulForms Documents.htm. NCDOT shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require submittal to, and approval by, the Division. 6. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. This condition can be waived through written concurrence on a case by case basis upon reasonable justification. All moratoriums on construction activities established by the,NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be obeyed. This condition can be waived through written concurrence on a case by case basis upon reasonable justification. Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS personnel. 7. Riparian Area Protection Rules (Buffer Rules) Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar -Pamlico, Randleman, Catawba (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250, and .0243, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All riparian area protection rule requirements, including diffuse flow requirements, must be met. 8. Water Supply Watershed Buffers The 100-foot wide (high -density development) or the 30-foot wide vegetative buffer (all other development) must be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through .0215). Water Quality Certification No. 3687 Water Quality Certification No. 3687 9. Placement of Culverts and Other Structures in Waters and Wetlands The application must include construction plans with cross -sectional details in order to indicate that the current stability of the stream will be maintained or enhanced (i.e., not result in head cuts). Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life, unless otherwise justified and approved by the Division. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Any rip rap required for normal pipe burial and stabilization shall be buried such that the original stream elevation is restored and maintained. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip -rap or other bank hardening methods. 10. If concrete is used during the construction, then a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 12. Temporary Fills and/or Access Roads All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile after construction is complete or within two (2) months of the establishment of the crossing, which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as described above within the specified time above, then written approval from the Division must be obtained to modify this condition. Water Quality Certification No. 3687 Water Quality Certification No. 3687 13. For activities requiring written approval, additional site -specific conditions may be added to the approval letter in order to ensure compliance with all applicable water quality and effluent standards. 14.Certificate of Completion When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650, 15. If an environmental document is required under NEPA or SEPA, then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 16. This General Certification shall expire three (3) years from the date of issuance of the written approval or on the same day as the expiration date of these corresponding Nationwide and Regional General Permits. In accordance with General Statute 136-44.713, certifications issued to the NCDOT shall expire only upon expiration'of the federal 404 Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the.expiration date of this Certification. If the construction process for approved activities will overlap the expiration and renewal date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then the General Certification shall also remain in effect without requiring re -application and re - approval to use this Certification for the specific impacts already approved. 17. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in revocation of this General Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Water Quality Certification No. 3687 r Water Quality Certification No. 3687 Effective date: November 1, 2007 DIVISION OF WATER QUALITY By Coleen H. Sullin Director History Note: Water Quality Certification Number 3687 replaces Water Quality Certification Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This General Certification is rescinded when the Corps of Engineers re -authorizes any of these Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3687 6 WQC #3495 STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080 (CONSTRUCTION AND MAINTENANCE OF BULKHEADS) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 213.0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080. The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized. This Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water Quality (DWQ). The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions set forth. Conditions of Certification: Wetland and/or riparian area restoration and creation projects which are for compensatory mitigation or compensatory mitigation credit (and not including projects that only involve stream restoration or enhancement work described in condition nos. 2 and 3 below) that are proposed under this General Certification require written application to and approval from the Division of Water Quality. All applications for written DWQ approval will be reviewed and a response will be prepared within 30 days of stamped receipt of the application in the Division of Water Quality's Central Office in Raleigh. This 30-day period does not include time spent by the application or DWQ's response within US Postal Service or North Carolina's Mail Service Center mail systems; Wetland and riparian area restoration and creation projects (not including projects that involve work in or impacts to streams) which are not for compensatory mitigation or compensatory mitigation credit proposed under this General Certification do not require written application to and approval from the Division of Water Quality. In these cases, the applicant is required to notify the Division in writing with three copies of project specifications before the impact occurs. If the Division determines that the project would not result in an ecologically viable wetland and riparian area, then the Division shall prepare a response to notify the applicant in writing within 30 days of DWQ's receipt of the notification. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 2. Proposed stream restoration projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit do not require written application to and approval WQC #3495 from the Division of Water Quality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. Stream restoration is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and floodprone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This biological and chemical integrity, including transport of water and sediment is produced by the stream's watershed in order to achieve dynamic equilibrium. The applicant is required to notify the Division in writing with three copies of detailed restoration plans and specifications before the impact occurs. If the Division determines that the project does not meet the above definition of stream restoration, then the Division shall notify the applicant in writing within 30 days of receipt of the application. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 3. Stream enhancement projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit and do not include any stream channel relocation, do not require written application to and approval from the Division of Water Quality, and, therefore, do not require payment of an application fee to the Division of Water Quality. Projects that are intended for compensatory mitigation or compensatory mitigation credit, that are intended to resolve a violation, or that are in association with a development project shall require an application, fee, and written concurrence from the Division of Water Quality. 4. Stream enhancement is defined as the process of implementing stream rehabilitation practices in order to improve water quality and/or ecological function. These practices must only be conducted on streams that are not experiencing severe aggradation or erosion. Stream enhancement does not include the relocation of the stream channel. Stream enhancement bank stabilization techniques include the use of woody vegetation as the primary means of long term stability, and "soft" techniques such as root wads that encourage the establishment of dense woody vegetation. Stream enhancement techniques do not typically include the use of stream bank or bed hardening techniques such as rip -rap or other rock, gabion, block or concrete structures. However, enhancement activities may also include the placement of in stream habitat or grade control structures such as cross vanes, j- hook vanes, and wing deflectors that do not affect the overall dimension, pattern, or profile of a stable stream. The applicant is required to notify the Division in writing with three copies of detailed enhancement plans and specifications before the impact occurs if the stream enhancement project disturbs greater than 500 feet of stream bank or if the project proposes the use of in stream structures. If the Division determines that the project does not meet the above definition of stream enhancement, then the Division shall notify the applicant in writing with an explanation within 30 days of receipt of the notification to require application and payment of the appropriate fee; 5. Stream stabilization projects that include the use of any structure or fill in the existing stream bed or disturb greater that 500 feet of stream bank that are proposed under this General Certification require written application to and approval from the Division of Water Quality. WQC #3495 Stream stabilization is defined as the in -place stabilization of an eroding stream bank using measures that consist primarily of "hard" engineering, such as but not limited to concrete lining; rip rap or other rock, and gabions. The use of "hard" engineering will not be considered as stream restoration or enhancement; 6. Impacts to any stream length in the Neuse, Tar -Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt' from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar - Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 26 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. In order for the above conditions to be valid, any plans not requiring written concurrence to use this Certification must be built according to the plans provided to the Division of Water Quality. If written concurrence is required, then the project must be built and maintained according to the plans approved by the written concurrence and Certification from the Division of Water Quality; 8. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources at the DENR Regional and Central Offices) shall be designed, installed and maintained properly to assure compliance with the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout waters); 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources or delegated program has released the project; 10. Any rip -rap shall be of such a size and density so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. If rip -rap is to be installed within the streambed, the amount and location must be approved in writing by the Division of Land Resources and Division of Water Quality. However rock vanes, wing deflectors, and similar structures for grade control and bank protection are acceptable; 11. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 12. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact or Record of Decision is issued by the State Clearinghouse; WQC #3495 13. Additional site -specific conditions may be added to projects which require written concurrence under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 14. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice of Violation from the Division of Land Resources and/or the Division of Water Quality are required to submit a complete application and receive written concurrence to use this Certification regardless of the proposed impact amount to streams, wetlands, andwaters; 15. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or the notification sent to DWQ; 16. Standard Erosion and Sediment Control Practices: Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 17. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 18. No Sediment and Erosion Control Measures in Wetlands Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or locally delegated program has released the project. WQC #3495 Non-compliance with or violation of the conditions herein set forth by a specific project shall result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: 31 December 2004 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC ff 3495 Marc Noel, SAW-2008-01332-065, GP56, GP277, GP80, Correction Subject: Marc Noel, SAW-2008-01332-065, GP56, GP277, GP80, Correction From: "Timpy, David L SAW" <David.L.Timpy@saw02.usace.army.mil> Date: Thu, 17 Apr 2008 13:50:13 -0400 To: "Chad Coburn " <chad.coburn@ncmail.net>, "Daniel Govoni" <Daniel.Govoni@ncmail.net>, "Doug Huggett" <Doug.Huggett@ncmail.net>, "Joanne Steenhuis" <Joanne.Steenhuis@ncmail.net>, "Rich Weaver " <Rich.Weaver@ncmail.net> CORRECTION A GP 197800056, GP 198200277,and GP 197800080 was issued, without special conditions, for the subject project on 4-17-08. Dave Timpy Regulatory Division Project Manager US Army Corps of Engineers Wilmington District Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Fax: 910-251-4025 Email:david.L.Timpy@saw02.usace.army.mil Website: http://www.saw.usace.army.mil 1 of 1 4/18/2008 12:41 PN •. I�7, ��- MAR 2008 NCDENR North Carolina Department of Environment and Natural Resources Division of Coast a eRt Michael F. Easley, Governor James H. Gregs ['� Ross Jr., Secretary March 18, 2008 APR ' 0 2008 MEMORANDUM: MOr@r��;�v �tr(±ti, 0 8 5 7 TO: Renee Gledhill -Early 6#'�1 �IZI�� NC Dept. of Cultural Resources Iq - NXj ' Archives & History 5 A � 111167 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review pit q 102, Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. O�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. SIGNED c,?iY1,�,2. - DATE 03 IYI r � 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper MAR 2 7 ?008 r - i 2008 NCDENR DMF - HABITAT PROTECTION North Carolina Department of Environment and Natural ResourVua Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 MEMORANDUM: TO: Fritz Rohde Division of Marine Fisheries FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. !� 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 comrTlents. SIGNED DATE /G 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 5A NCDENR North Carolina Department of Environment and Natura Division of Coastal Management Michael F. Easley, Governor James H, Gregson, Director Resources William G. Ross Jr., Secretary March 18, 2008 MEMORANDUM: pry APR - TO: Jeremy Humph� NC DENR-WA reh4'0 SHELLFISH$�yRAT Shellfish Sanitation Section rY A�' FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper - 7 DISTRICT NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management MAR 1 u 2 Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 R1 MAR 2 8 2008 MEMORANDUM: TO: Anthony Law Morehead QtY DDM NC DOT New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 3 Z,5-OB 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper i� i2 Y RCDENR North Carolina Department of Environment and Natur esoe:f : r Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director illiar: Rbssr,$, secs March 18, 2008 MEMORANDUM: TO: Ann Hines LPO New Hanover CO. n. MAR 2 8 2008 Moreheact City DCM FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Ate' =0_ 444) NCDENR��,h North Carolina Department of Environment and Natural Resources - Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 MEMORANDUM: NiAR 2 5 2008 TO: Dan Sams For James Simons ij-al ^ , Division of Land Resources FROM: Doug Huggett, INC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 20 zoo 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post consumer Paper RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 MEMORANDUM: TO: Mark Zeigler t,. MAR 2 5 2008 M WiRO Division of Community Assistance ' • _R FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED (V\" �' Q II-e- DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 R� MEMORANDUM- TO- June W. Michaux NC Dept. of Administration State Property Office FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED \ DATE` 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper r NCDENR� `� 2048 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008�� r'1 MEMORANDUM: MAR ' 2 � zooa TO: Debra Benoy M®r®� Public Water Supply District Manager 8a(J (;j#y ©CIVI FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marc Noel Project Location: 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek / Middle Sound, in New Hanover County Proposed Project: to expand boat basin and construct new docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 10, 2008. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED ���_ DATE Y 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper /% /U4 C,1 114JH /-4l Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100°0 (S400) 0% ($0) 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 Certification No. 3490 (See attached) can be applied: S250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied S400 100% ($400) 0% ($0) III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed - because of concerns related to water quality or aquatic life: 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) Iv. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 601Yo ($285) 40% ($190) p NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 18, 2008 Wilmington.classified@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Kyle: Re: Marc Noel Major Public Notice Please publish the attached Notice in the Thursday, March 20, 2008 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit of the published notice to Melissa Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557, (252) 808-2808. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun Simpson Permits Support Technician Enclosure cc: File Copy Doug Huggett NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on March 5, 2008. According to said application, Marc Noel proposes to expand boat basin and construct docking facility at 1809 Futch Creek Rd., adjacent to Bald Eagle Canal and Futch Creek/Middle Sound, in New Hanover County. A copy of the entire application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7423) during normal business hours. Comments mailed to James H. Gregson, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 10, 2008 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 this matter will be provided upon written request. ea NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James A. Gregson, Director William G. Ross Jr., Secretary March 17, 2008 Ed Flynn -Agent for Marc Noel P.O. Box 868 Wrightsville Beach, NC 28480 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Marc Noel, for State approval for maintenance excavation, enlargement of existing basin, new bulkheading, and the construction of a new private pier, floating dock and boadift, adjacent to Bald Eagle Canal and Futch Creek, in Middle Sound. The subject property is located at 1809 Futch Creek Road, in New Hanover County. It was received as complete on March 5, 2008 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 19, 2008. 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 March 5, 2008, 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. Sin ly, Robb L. Mairs Field Representative cc: Doug Huggett, DCM Steven Everhart, DCM Dave Timpy, COE Ann Hines, LPO 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964 \ Internet: http://www.necoastaimanaagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper O c J Lij — cc E I- = Q U M V ~ z � to _ O � }; O P O X t0 W O O N � N ti W Q< M O m C) p _ Z T- = L w = Qw. - O a - um ., m> 00 c G T 1 ° ° � ,'- � ,= f, � �w G v � o z = LL v N = M = zNMI w M ��� OZ :D EL�_ O In oC 3 _ _ c l--' L W ,m CL M W `L. U d U Q = Cl) ;m Z w M z w , O O = � z O u ' Q 6 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION & WAIVER FORM Name of individual applying ;7,0 rmit ) ' `� NO eL Address of property Ro a . 2,4 Al 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 should be provided with this letter of notifl tion.`� please initial Wow if you have no objections.A9 I have no objections to this proposal. if you have objections to what 18 being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, N. C. 28405 or cell 910- 49940ftwithin 10 days of receipt of this notice. No response is considered the 79 UP-15 same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakw+ater,boat house,lift or sandbags must beset back a minimum 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 �SnoGl QLck ! n1 Vu�% &UJIV 100 NOT wish to waive the 15' setback requirement. Signature & Date ,�� {lA r Print Name Telephtone Number v*/ Ares Code PLEASE SIGN AND RETURN TO; F&S Marine ConirGdOMAC. P_ 0 BOX 868 wnghtsvire aw-hAEB&VED Phnn^Xax /D 101 2S6-3 62 MAR 0 5 2008 DCM WILMINGT©N, NC ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: 2,9 A. S' ature X ` ❑ Agent 0 ❑ Addressee B. Received by printed Name) C. Da of De►i(rery D. Is delivery address different from item 1? ❑ Yes If YES, e"RECkIMED ❑ No MAR 0 5 2008 3. 1tffi99 n�lf) �d �1, NC ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number , (Transfer from 7 D f7 f- 3/`6 QDb service label ,� 0514 �� v PS Form 3811, February 2004 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 141viL �/t1�, /)LVyll 2. Article Number (Transfer from service labeo A. 102595-02-M-1540 ❑ Agent B. Received by (Printed Name) Date ofI b I' ery )� D. Is delivery address different from item 1? ❑ Yes If YES aME11179AW ❑ No MAR 0 5 2008 3. ce Type LhApqh, NC Reg stored ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, February 2004 Domestic Return Receipt AD 102595-02-M-1540 OCT-2?17 9-09. IM FROM. FIE MARDE 92GE553aw TOE 191 P.1 ATXM Nodh Caidina Map +rt rid NMuMI Anod=5 Oki" d Cool 1111 1 viler F. tom, ernw a jum., awW Authorbvd Agent Consent Agreement )n order to obl* any CAM pwn iko) requrod br !ha pravertv Tested below The euftyb um It li "Md th$ -LMATWO Of-PROJECT; Hn- 7 vzu e tai Am W,1� ►�T ��� � � yl1 - PROPERTY OMRtER MAILING ADDRESS: j!� t W4 PHONE Am U4 NO, ,�•as�3 AUTWORU= AOCMT MAIUIM AD!DM*3: � s 1 41,,�ri A-_ w�j_ A, i 1 ---p Svnnhero of Prop" a IV aroma Dry m Ngm cadt u 2604M Pon 90?*MS % FAx !ta % W"8d .Wa►Noro+WIrm ahw4or�w+�w.+ra..�ar•-M+►�+�I'!►�aa,.�w a.. d s RECEIVED MAR 0 5 2008 DCM WILMINGTON, NC a' �9R1fSF{CC� REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 09/28/2007 11:15:46 AM Book: RE 5236 Page: 514-516 Document No.: 2007048089 DEED 3 PGS $17.00 NC REAL ESTATE EXCISE TAX: $1,800.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007048089* 2007048089 RECEIVED MAR 0 5 2008 DCM WILMINGTON, NC The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page . A map showing the above described property is recorded in 5 , 122 . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and first Grantor will warrant and defend the title against the lawful claims of alI persons whomsoever except for the exceptions hereinafter stated Title to the property bereinabove described is subject to the following exceptions: NONE IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized offroers and its seal to be hereunto affixed by svthority of its Board of Directors, the day and year Ent above written (Corporate Name)d✓Y / " /✓' 6"-L- f li�'V "" (SEAL) Elizabeth Grace Kimball, unmarried By. (SEAL) President ATTEST: (SEAL) S rate Seal) (SEAT-) 1w a7f q',,''i�i �► I oor AS B*"wsweck v = NORTH CAROLINA, NewamoverCcnmty. I, the undersigned, a Notary Public of the County and State aforesaid, certify that Elizabeth Grace Kimball, unmarried Grantor, personally appeared before me this day and acknowledged the execution G \�� of the foregoing mstmment Witness my hand stamp or seal, ibis J/L&/o'I. WltppI11N1�vN My commission expires: 5 /H/ 12 Q Notary Public NORTH CAROLiNA, New Hanover County. SEAL STAMP I, the undersigned, a Notary Public of the County and State aforesaid, certify that _ personally came before me this day and acknowledged that he/she is Socretary of - a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/her as its Secretary. Witness my hand and official stamp or seal, this My commission expires: / Notary Public The foregoing Certificate(s) of is/are certified to be correct Tbia instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof REGISTER OF DEEDS FOR COUNTY By Deputy/Assistant-Register of Deeds. RECEIVED MAR 0 5 2W8 DCM WILMINGTON, NC 111111111111 2007048089 FOR RECrRS",T..,,ap WN "" ric F DEEDS 2N7 SEP 2811:1"fi RM 6K:52M PG:514-516 FEE: $17,IN K REV STAMP: l'Bulz %1Rsl 12/1048009 Excise Tax $ 1800.0� Recording Tien; Book and Paip Tax Lot No Verified by by parcel IdenifiefNo: R03017-001-012-000 County on the — day of 20_ Mail after recording to Coxe Legal Clinic, 200 Cape Fear Circle Suite 9, Sneads Ferry, NC 28460 This instrument was prepared by L. Robert Coxe III Brief Description for the index L26 SA Porter's Neck Plantation NORTH CAROLINA GENERAL WARRANTY DEED and between GRANTOR FAizabeth Grace Kimball, unmarried GRANTEE Noel Ventures, LLC a North Carolina Limited Liability Company 10729 Trego Trail Raleigh, NC 27614 Eo inappropriate blockax oathparty.—.6 addraqand. ifappropnee, characteratmdN e.y, mrpataconorparmetahip. The designation Grantor and Grantee as used heroin shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. ATINESSE E4 that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilmington, Township, New Hanover County, North Carolina and more particularly described as follows: Being ail of lot 26, Section "A" of the Porter's Neck Plantation, as shown by plat thereof, duly recorded in Map Book 5, Page 122 of the New Hanover County Registry. Alm all right, title and interest which the party of the first part hoe in and to that portion of land lying between the lot herein conveyed and the edge of the channel of Futch's Cheek, and being the same lands conveyed to the party of the first part of even date herewith. RETURNED TO: WARD AND SMITH. PA. (910) 794-4800 RECEIVED MAR 0 5 2008 DCM WILMINGTON. NC 10/31 /23, 10:19 AM The Davey Tree Expert Company Mail - Fwd: 1813 Futch Creek Rd Prefile DAVEYT. Henson, Scarlett <scarlett.henson@davey.com> Fwd: 1813 Futch Creek Rd Prefile 1 message Finch, Greg <gregory.finch@davey.com> To: "Henson, Scarlett" <Scarlett.Henson@davey.com> Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 1 M: 910.470.4734 DAVEY* Resource Group Visit our local office page ---------- Forwarded message --------- From: Finch, Greg <gregory.finch@davey.com> Date: Fri, Jul 21, 2023 at 4:02 PM Subject: 1813 Futch Creek Rd Prefile To: <401 PreFile@ncdenr.gov> Tue, Oct 31, 2023 at 10:17 AM On behalf of Marc and Cecil Noel, this pre -file submittal is for maintenance dredging in Futch Creek, New Hanover County. The applicant proposes basin maintenance dredging in accordance with CAMA General Permit 66236 issued on December 17, 2015 to 1809 Futch Creek Road. The proposed boat basin dredging area measures 64' wide x 33' long to -5 MLW. The applicant also proposes maintenance dredging of the historic Bald Eagle Canal starting approximately 200' south of the basin and measuring 2,284' long by 40' wide to -5 MLW and connecting to the AIWW. Dredging will not extend into adjacent properties' riparian corridors and will remain within the historical channel limits. Bucket -to -barge excavation is proposed, and the amount of spoil generated from excavation will be approximately 8,000 cubic yards to be placed on private property adjacent to DA 228. Greg Finch I Section Manager Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1928 1 M: 910.470.4734 DAVEY# Resource Group Visit our local office page https://mail.google.com/mail/u/O/?ik=4al 864a730&view=pt&search=all&permthid=thread-f:1 781280965417419934&simpl=msg-f:1 7812809654174199... 1 /1 o IM J t� ao a, w �? _ �+ co I *+ a O 3 o u Qw = W N +r > o v z L E d N= c >ii N U0Z C E a. c u E �� v_? C Ao 0 �m�C o��� a� . N ea c =yv=C �QdV- d ca d o u H y C y �J d~ d T 1LL E "' O 'y d W .O O oc w� � 3 � O 'a E i Q� LL O O M m d f� r U MV w 13 M A-# c 0) - C IL X > w y .O °C) d v O M O C Ir NN X C _ O ° ° y ° ° IE a M M o U F-- aqrM . _ U o o y � y �c caL. a f ' ' i uC +0 d d d v a W 'M as ~ s .a ° C a ai � C o =_ w C ILs v i s 'a 0 C C C I u°° E v 10 Q V E L.ao V 3�0U0 V� _ as" U _ o = t� 3 a� E> s w IM o o J O X L.CO ++ ,i OO C Q 3 = Q Book 6025 Page 2200 IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PG: 2200-2 04 RECORDED: 2016041315 NC FEE $26.00 12-20-2016 NEW HANOVER COUNTY, NC STATE OF NC 02:44:29 PM TAMMY THEUSCH BEASLEY REAL ESTATE BY: STEPHANIE PEREZ REGISTER OF DEEDS EXTX $3400.00 DEPUTY Excise Tax: $3,400.00 Parcel ID's: R03017-001-012-000 & R03017-001-013-000 Prepared by and return to: K&L Gates LLP, 4350 Lassiter at North Hills Ave, Suite 300, Raleigh, NC 27609, Camden C. Betz, Esq. Brief Description for the Index Lots 25 and 26, Section A, Porters Neck NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED is made as of this 30th day of November, 2016, by and between GRANTOR NOEL VENTURES, LLC, a North Carolina limited liability company with a mailing address of: 10729 Trego Trail Raleigh, North Carolina 27614 GRANTEE MARC NOEL and CECILE NOEL, husband and wife, as joint owners with right of survivorship with a mailing address of: 10729 Trego Trail Raleigh, North Carolina 27614 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. 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. 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 in fee simple, all that certain lot or parcel of land (the "Property") situated in New Hanover County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The Property was acquired by Grantor by instrument(s) recorded in Book 5236, Page 514 and Book 5242, Page 2507 in the New Hanover County, North Carolina, Public Registry (the "Registry"). All or a portion of the Property herein conveyed does not include the primary residence of Grantor. 300302086 v1 i Book 6025 Page 2201 TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the Property is subject to the following exceptions: 1. Real property ad valorem taxes for 2017 and for all subsequent years, not yet due and payable affecting the Property. 2. Easements, covenants, restrictions, conditions and all other instruments of record affecting the Property. 3. Matters as shown on a recorded plat and as would be revealed by a current and accurate survey of the Property. 4. Zoning, subdivision and land use regulations or ordinances affecting the Property. 300302086 v1 [Signature Page Follows] [The remainder of this page has been intentionally left blank] Book 6025 Page 2202 IN WITNESS WHEREOF, Grantor has hereunto set its hand the day and year first above written. GRANTOR: NOEL VENTURES, LLC, a North Carolina company By: v Name: M c Noel Title: Manager STATE OF NORTH^/CAROLINA COUNTY OF � ?e, I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Marc Noel. nj This the )5� day of �� , -2016. My Commis ion Expires: WV Print Name:o�P ;c [Affix Notary Stamp or Seal] ROBIN I. VEZINA IIOT RY PUBLIC Wi-kKE COUNTY, N.C. 300302086 v1 Book 6025 Page 2203 EXHIBIT A BEING all of those certain tracts or parcels of land located in New Hanover County, North Carolina, and being more particularly described as follows: BEING all of those certain tracts or parcels of land designated as Lots 25 and 26, Section A, Porters Neck Plantation, as shown on a map thereof recorded in Map Book 5 at Page 122 of the New Hanover County Registry, which plat is referenced for a more particular description. 300302086 v1 Book 6025 Page 2204 A. TAMMY THEUSCH New Hanover County y Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 - Fax 910-798-7751 41 ilk' State of North Carolina, County of NEW HANOVER Filed For Registration: 12/20/2016 02:44:29 PM Book: RB 6025 Page: 2200-2204 5 PGS $3,426.00 Real Property $26.00 Excise Tax $3,400.00 Recorder: STEPHANIE PEREZ Document No: 2016041315 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. 11 /21/23, 11:23 AM The Davey Tree Expert Company Mail - Futch Creek Road Dredging Henson, Scarlett <scarlett.henson@davey.com> Futch Creek Road Dredging bushardt <bushardt@bellsouth.net> Tue, Nov 21, 2023 at 11:07 AM To: "Henson, Scarlett" <Scarlett.Henson@davey.com> Cc: Greg Finch <gregory.finch@davey.com> Please consider this email as authorization for use of our disposal site. Thank you Paula Bushardt President NENHC On Tuesday, November 21, 2023 at 10:46:31 AM EST, Henson, Scarlett <scarlett.henson@davey.com> wrote: Good morning Paula, 1 1813 Futch Creek Road -Revised -Figures 11-3-2023... I would like to request authorization for disposal site use for the dredging project at 1813 Futch Creek Road. The plans were updated resulting in the cubic yardage increasing, so we are requesting one time authorization for placement of approximately 8,000 cubic yards of dredge spoil derived from Futch Creek. A site location map and plan is attached. If agreeable, please respond in email with authorization so we can provide it for permitting purposes. Thank you very much and please let us know if you have any questions. I hope you have a wonderful holiday. Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 0 ,1 1 r Resource Group [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=4al 864a730&view=pt&search=all&permmsgid=msg-f:1 783190408346703005&simpl=msg-f:1 783190408346703... 1 /1 DAVEY Resource Group August 25, 2023 ANDERSON ERLING R ALICE D 8729 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 BALD EAGLE LANE LLC 200 ARLINGTON BLVD ESUITE A GREENVILLE, NC To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 BURTON ALLEN R KELLY C 8721 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 CHINN LEONARD D JOYCE REV LIV TR 1817 FUTCH CREEK ROAD WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 BALLARD DOROTHY H 1912 KNOLLWOOD RD WILMINGTON, NC 28403 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 FULLERTON CARL D BARBARA E 8725 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 THOMAS KEVIN E ETAL 8737 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 HICKS CHARLES R III LISA K 8744 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 MYERS CHRISTOPHER MICHELLE 8733 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 POPE STUART F LINDA 8717 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DAVEY Resource Group August 25, 2023 MYERS CHRISTOPHER MICHELLE 8733 BALD EAGLE LN WILMINGTON, NC 28411 To Whom It May Concern: Marc and Cecile Noel are applying for a CAMA Major Permit for development activity on their property located at 1813 Futch Creek Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tara MacPherson 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 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at gregory.finch@davey.com. Sincerely, Greg Finch, Agent Davey Resource Group, Inc. Enclosures www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4 c 0 m m N N N U nJ O > > > 0 Z �t N 'a N a N a O C c-I 0 U N N C O a U 00 m O N N N N N N N � O O O C N N C: N �O 0 O > > > > > > > > N > > Q Z Z +� _ _ _ _ _ _ _ _ J � cn cV 0 m m N LL in L 00 LO 00 0 Z Z Z Z Z Z Z r p U Z 0 N iC of vL 00 O N Y 00 W N 00 W N 00 W N 00 W N 00 W N 00 W N 00 W N 00 W N � Z J 00 W N 00 O N J N 'a 0 U O z W U z J Ur U Z J Ur U Z J Ur U Z J Ur U Z J Ur U Z J Ur U Z J Ur U Z CO J Z Ur J U z U U }r i -O Q Z U Z Q W Z Q W Z Q W Z Q W Z Q W Z Q W Z Q W Z J Q W Z Z Z N U dA C JO=O O U o0 J 00 J 00 J� 00 J� 00 J� 00 J� 00 J� 0z Z W o0 J H Q W �� Z H fC = co z Yz LLz C0z C0z U` �0z < (D c0z < (D co < (D mz QU` co JW < (D co D0 OJ Q N r— 2 r— N LLB - N rn— N ch— M r— ('� �Q' Q U v� Q J J J J J J J J J p Q r— J-'T_ N H >LO U W 2 O d' W W Q W J W W JW I W fA �O Q W W JYJW a H N O �2W ZJQQ WHZQJOQz0W Jcna OLu J W U' JQQ�� z J— J0 Z j H 11 O J} (~/) (Sj Q W } fn 0 Q J W 2 Z LU Q W Z U W a w Y J m fnQ�a.—� Lu 2 2 0 < W U-iM J Q W J 2 0 0 � m � o U 2 ~ z = z Q Y O S m V LL Q J m 2 LU J Q c z c-I N M L.f) l0 r- 00 01 � 0 ) rn m � 0 op Q N ai vo 'O = C o w U) O E z' O = z O m J �+ N (6 O � go CO C .S L U LLwo U w mN Ca m U - e ®� tf LL Q y j IS �roo o LU v 0 U 1 Q m i (n cn U W 0 rn , LU Q !' 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Applicant Name IX Project Location: County !��'-f i�. �•t: ,�,; .. Address SQ T71-14 11 Street Address/ State Road/ Lot #(s) City ] �� r State��ZIP 2// l Q l� La C�',+Y Phone # (") I ' E_Mail Subdivision Authorized AgentCity �k%J«f7 ZIP_%� Affected a CW 'EW +"PTA iIS ElPTS Phone # (!!/i9) 0111 `nV River Basin P� AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ PWs: ORW: yes/ 0 PNA es / no ❑ UBA ❑ NIA J 1+! I Adj. Wtr, Body lflrhI'�Cf a unkn Closest Maj. Wtr. 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C, rn --^A mm H n o p urzi�YE N G m w m y \= N ® N Q O N C3N t6 csm M mm U =o it n =�.,, 0 ru r- G U m w m L S m m ti ry mr �� a 0 m � ¢b m iz n ❑O 3-�C' ,'m md71 Eo - nsQBm® ❑0❑ ❑0¢ Ea y m m Y � r Q a �� N�mg�o`6 _•. zNNIE ��,m S O� NQ mOUfJ� oi0D0D❑oC � m o m a v E ^C1 � < ry m r 03a �� — co =� za C3 Q .� Q m E Eru D O C ru c c m m 44.. c rn E n, 3'srm �Z E o a¢ m —O rn p z ry o U avoi¢`o ■ . �4 `o 6 >z° Off@ ❑O 0 2 x Itdl a �j0 b vq s D00 ❑0 m ¢ s m .44!PEV --s .11mn. 6000D11❑ a zr fU m o —o ry — to �co mm ctOv m $ 0 rnd m 1:3 C N 2 C3 _b o O c S O ru m ru E M C7 �rn - Y €' Fm� j. mm� ammo wm¢ SOD ❑O m 2 8 ��mc i5 �¢$oci iD00000 u7 ru m C3 _� ry .to -m _o Em `0 4 m N a m 55 C 7 d g O N E C3 7 O O S NO ru rn ru O :fU p U) M1 E rn o a s Q E 0 I„ ADO❑ i x $ m m 38 y} ci O❑ Z. m Nu .�OUlCCma�m� y'¢¢ci ci�ci M00000❑ Ln m m a m _ m m 1!" p = O m m ymsFF N q? U C� mm O O p N S E EW m'E 9 o tS m p op o I17 arm a s .. rO ti m d ni y,� —o (a(L ■ ■ ■ ci Q G O �iP SEE ❑00 ❑❑ 97 C � a . � _ � p ATE 6d 6- m m vS o aN a o,s{ni a=o d -° *r3 W a. ao J 1 4 ilj'j g t mow' LD 0 --fir -- ----- — -- y \ " O W 2 - - 'Opt �\ uj Oz - C> -.� az c„ i- ct cp, �' W�� t , J 91-0 PO zI rs 500y, MAP I I z fl in 4( Z w JU -1 F tp jr- Os .. .. .......... ------------ I expressed... s Witness my hand and seal, this the l6th, day of June, 1955. Notarial Seal George 9, Broome, R My Commission expires Nov. 22nd. 1956 Notary Public STATE OF NORTH CAROLINA COUNTY OF N N HANOVER I, Reba D. J,oheaon,.a notary, public Ja-and for the state end count* aforesaid do herabi certify that pmrsonill appwred before me this dil�r" Dorothy A. itoberts, ksdlpw; W. H. dram, gad Nettie pAie .0., Orant.,` his wife; Al D. ,Dickson and Cornelia'iQ. Dickson; fins Mire; C W:'Aiesti{ 8. N. 2eig�[ter. and Davis N.,Zeigler hia N fs;`R. B.. Warren,.aidotier; J. C. Spivey -and Irens P. 3;iv y his" Wife;" Ji0ftiq ,P._ Spivey and Lorraine G., Spivey, his wife; aiid R.-G. Johhneton and Mrgaret Johnston,.his wife,.,and each acknoNledged'the due execution of'the foregoing and annexed inatru-$ tent, for the purposes therein expressed.. k Witness my hand and seal this the loth, day of June, 1955• r Notarial Seal Reba-D. Johnson, r My commission expires 6/24/56 Notary Public STATE OF NORTH CAROLINA s NEW HANOVER COUNTY The Foregoing Certificates of Geo. $. Browne,notary public of Sagwache, Colorado, and Reba D. Johnson, notary public of New Hanover County, are adjudged to be correct. Let the instru+ ment with the certificate be recorded. This the 20th. day of June, 1955. Elm& C. Gore, Dy. Clerk Superior Court Received and Recorded, June 20, 1955 at 1.10 P. M., and Verified. eg ster o eDeeda GEORGE L. CAIN, TRUSTEE STATE OF NORTH CAROLINA TO : COUNTY OF NEW HANOVER d LEE LYMAN SANDERS, ET UX WARRANTY DEED WHEREAS, on the 16th. day of July 19461111 - all of the owners of the plantation known as Porter's beck, E R. B. Davis and wife Annie Lee Davis, Bessie C. Darden (widow) C. Met). Davis (Unmarried) Mildred j D. Adams and Robert A. Adams by an instrument recorded in the Office of the Register of deeds of New Hanover County in Book 346 at page 31, named and appointed George L. Cain as Truatee: :; And among the powers delegated therein, the said instrument authorized and empowered him, to execute, sign deeds, sell and deliver said property, provided, however, that at least two of the above named owners must join him signing any deed of conveyance, THEREFORE, THIS INSTRUMENT, made this the 313t, day of May, 1955, by and between George L. Cain, Trustee, Bessie C. Darden and R. B..Davis, of the County of New Hanover and State of North Carolina, parties of the first part and Lee Hyman Sanders and his wife, Margaret Sanders , of the County of Wake and State of North Giarolina, parties of the second part: ; WITNESSETH: That the said parties of the first part, for and in consideration of the sump of Ten ($10.00) Dollars and other good and valuable considerations to them in hand paid by the R parties of the second part; the receipt whereof is hereby acknowledged, have given, granted, bar-' y gained and sold, aliened and conveyed, and sold, aliened and conveyed, and by these presents do 5 hereby give, grant, bargain and sell, alien convey and coitfi to unto the said parties of the second part and to their heirs and assigns Forever, all that certain lot of land, situated,.lyind ) and being in Harnett Township, New.Hanover County and described as follows, to -wit. R g All of Lot Twelve (12).in Section "A" (Extended) according to the survey prepared by J. A. Loughlin, Civil Engineer, in November, 1952, and .recorded in the Office of the Register of s Deeds of New Hanover County in Map Book 5 at Page 63. ALSO such title and interest as, the parties of the first part.: have to that portion of 's land and.water lying between the lot heretofore referred to and the Inland Waterway within the lines extending their property lines as shown on map above referred-to.running at -a right angle g s of the road across the land, water, etc., to the edge of the Waterway. F ALSO such title and interest as the parties of the first part have to 'that portion l ings u between the lot heretofore referred to and the edge of a 'proposed channel In Futch's Creek. b- a ject, however, to a right ,by the partiesofthe first part and ,their heirs, successors and/or i assigns to dredge Futch's Creek and a right to deposit sand,- etc,, dredged .from the, Creek on and! along the water's edge. 7 TO HAVE AND TO HOLD the above granted and described promises,together with all and �sin ular .the rights, privileges, easements tenements and appurtenances t.heieunto belonging, g ,. B ., p B , , PP or in anywise appertaining unto the said parties of the second part, their heirs and assigns, ; in fee simple forever. a SU J MT, HOWEVER, -to An easement in favor of Carolina Power and.Light Company for the e erection of.'poles:and otherwise erecting and maintaining electric, poker and telephone lines. a SUBJECT, FllRTHBR, to certain restrictions placed"upon this property in an effort to en-_ fi :hence its value and protect present and future owners which restrictions are a part of conaid- . oration of -this conveyance and.purchase and are recorded in Book 464 at page 419. - } And the said. rties'.of,the first, Part, for. , pa Pa , ;:-their heirs -executors -and ad- ministrators'do covenant to And with the'naid parties of the second pant, their heirs. and assigns a that they are seized in fee of the above described land, and the �r have ggood right to.fell and 3 a convey the.,same, that the same is free ,and clear from any and all ancltpbrances, and to&% they will and their heirs, executors and administrators, successors and assigns,"shall warrant and i defend the title to the same against the lawful claims and demands of any and all persons whom- soever. t IN 'TESTIMONY WHEREOF, THTi'SAID PARTIES'of'the first part have hereunto set their"hands ; 9 and affixed their seals the 'day and year' first above written, y X ;�STATH OF NORTH MOLINA. COUNTY OF NEW HANOVER 1, L. Paul Stanley a Notary Public, in and for the County and State aforesaid, do hereby c certify that A. B. Yopp, p ersonakly appeared before no this day and acknowledged the due execution tof the foregoing instrument. WITNESS my hand and seal, this the A day of June 1956. °Kotarial Seal L, Paul Stanley, Notary Public My commission expires: 4-22-57 'STATE OF NORTH CAROLINA °NEW HANOVER COUNTY The foregoing certificate of L Paul Stanley Notary Public of New Hanover County, is adjudge4 '.to be correct. het the instrument with the certificate be recorded. This the 9 day of June 1956. Received and recorded the 9 day of 'June•; ,Lois J. Ward, Asst. 1956 at 11:05 A.M. and verified. Clerk Superior Court Register of Deeds — � GEORGE L. CAIN, TRUSTEE: t STATE OF NORTH CAROLINp :TO . COUNTY OF NEW HANOVER GEORGE E. HUGHES, ET UX : WARRANTY_DEED _ _ _ _ WHEREAS, on the 16th day of July, 1946, all of the owners of the` plantation known as Porter's Neck, R. B. Davis and wife, Annie Lee Davis, Bessie C. Darden (Widow), C. McD. Davis (Unmarried) Mildred D. Adams and Robert B. Adams byan instrument recorded in the Office of the Register of heeds of New Hanover County in Book 396 at page 31, named and appointed George L. Cain as Trustee; And among the powers delegated therein, the said instrument authorized and empowered him to' execute, sign deeds, sell and deliver said property provided, however, that at least two of the above named owners must join him in signing any deed of conveyance. THEREFORE, THIS INSTRUMENT, made this the 31st day of May, 1956, by and between GEORGE L. CAIN, Trustee, BESSIE C. DARDE:N and R. B. DAVIS, of the County of New Hanover and State of Northr Carolina parties of the first part, and GEUROE E. HUGHES and his wife, NATALIE S. HUGHES, of this County o� New Hanover and State of North Carolina, parties or the second part: W I T N E S S E T H• That the said parties of the first part, for and in consideration of the sum of TWO THOUSAND ($2,000.00) DOLLARS and other good and vauable considerations to them in hand paid by the partiesyj of the second part; the receipt whereof is hereby acknowledged, have given, granted bargained ,,and sold, aliened and conveyed, by these presents do hereby give, grant, bargain anA sell, alien, convey and confirm unto the said herein named parties of the second part and to their heirs and 1[{ ti- assigns forever, all that certain lot of land, situated, lying and being in Harnett Township, 'New Hanover County and described as follows, to -wit,. ALL of lot thirteen (13) in Section "A" (Extended), according to the survey prepared by J, .' A. Loughlin, Civil Engineer, in November, 1952, and recorded in the Office of the Register of Deeds of New Hanover County in Map Book 5 at p age 63. ALSO such title and interest as the parties of the first part have to that portion of land lying between the lot heretofore referred to and the edge of a proposed channel in Futch's Creek. Subject, however, to a right by the parties of the first part and their heirs, successors and/or; assigns to dredfe Futch's Creek and a right todeposit sand, etc,, dredged from the Creek on and along the water s edge. TO HAVE AND TO HOLD the above granted and described premises, together with all and singular; the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise apppertaining unto the said parties of the second part, their heirs and assigns, in•fee simple , FOREVER. SUBJECT, HOWEVER, to an easement in favor of Carolina Power and Light Company for the erection of poles and otherwise erecting and maintaining electric, power, and telephone lines. SUBJECT, FURTHER, to certain restrictions placed upon this property in an effort to enhance its value and' protect present and future owners which restrictions are a part of consideration of this con- veyance and purchase and are recorded in book 464 at page 419. And the said parties of the first part, for themselves, their heirs executors and adminis-': <trators do covenant to and with the said parties of the second part, their heirs and assigns, i',. ;that they are seized in fee of the above described land, and they have good right to sell and convey the same; that the same is free and clear from any and all encumbrances, and that they will and their heirs, executors and administrators, successors and assigns shall WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all person whom- ' soever. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and �iaffixed their seals the day and year first above written. U. S. Doc. Stamps: 42.20 Geor L Cai (SEAL) rustee ! Bessie C. Darden (SEAL) - ! R. B. Davis (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER (,Elizabeth Lewis, a Notary Public in and for the state and county aforesaid, do hereby r:t.r certify that GEORGE L. CAIN, Trustee, BiSSIE C. DARDEN.and R. B. DAVIS personally appeared before p.this day and acknowledged the due execution of the foregoing and annexedinstrument for the F pprposes therein expressed, And the said 'par tieo of the first part and-socond part do hereby co*enant,and gree to and with. the said parties" of'the .third ;oprt that incase the said Trdstee,Ciecero P.Yda€ hall die,-6bcome i6tapable; of acting, re4osince his rust, or for other reason; became unacceptabi to said' partitcs of the third.pdrt, then upon-not_ice to, the rAid,-parties of the first nr;d second Parts, if living, the parties- of•the third Dart may appoint, in Mritinp,;a trustee to'tnke the pla of the partyo£ the second part, and 'upon the probate and registration of the same the trustee thus appointed shell succeed to all the riphts and powers of the party of the second hart; IT IS (;UR1HER'3TIPULi%-U AND •AGRaD - that any atatiealint of fiat or recital by 11said Trustee, Cicero P:Yori, in his. deed In relation to the Non payment of the money secured to b paid, the amount �due, the adVietisement, "sale receipt.`or the'moneyyI and the axecutioh of the de to the purehnear, shall be received as prima 16cie evidence of -such fact. i AND I'€' IS STIPULWT'hU nNJ •AGRe.ED THAT IF said mercies of the -first part shall pay off said note and interest, and diseharge tally'the trusts herein declared before 'sudh sa e, or the same shall be done by a sale of said lands,_ then so euoh'of said .lands as may not have been sold, and arc not requi'red.to',meet any -of said .truats,,shall be reconveyyed to Said �Iparties of 'the first part, or the title thereto be revosted in `Chem according to the provisions' ii law. IN TE.,TIMONY WHUEOF, THE SAID CAHL V. McDaniel, and wife, Edith M. McDaniel, 11ldo subscribe their nam os and affix their seals the day and year first above written. ( Carl V,McDaniel (seal) Edith M. McDaniel (seal ) STnTE OF NORTH CAROLINA CGUN`i'Y OF NEW HANOVivt I,Marp H.Oanady, a notary public inand for the State and county aforesaid, do hereby certify that Carl V.McDaniel and wife, Edith M,McDaniol, personally appeared before me this day and acknowledged the due execution or the foregoing and annexed Instrument for the nurposes therein ex�ressed, %fitness my hand and seal this the 20 day of October,1955. Mary H.Canady notarial seal) Notary Public My commission exoires:2/16/57 ti ST,iTE OF NORTH C,1WLINA { N11;1V HaNOYcti COUNTY The foregoing certificateof Mary H.Canady, notary public of New Hanover County, is adjudged to be correct. Let the instrument with the Certificate be recorded. This the !I21) day of October•1955, j Ethel A,Hrown,Deputy Clerk Superior Court if Ro.ceived and recorded Oct.20,1955 at 2:00 P.M. and verified. e ister✓ ^- - - - - - - - - - - - - - - - - ( LUAGI; L. GAIN, TRUSl'C;E,iVr AL- -. -STefn OF NORTH CAitOLINA TO COUN' Y OF N1W HANOUR fIf' W. D. OOnE, Ei' U.< ; WHEREAS, ON THE 16th day of July 1946, all- of iWMidaNTY DnW the owners of the plantation known as Porter's Neck,R.D. �:-------=--- ------------------^- -- Davis, and wife, Annie "ee Davis, Bessie C.Darden (widow), C. McD Davis, (unmarried), Mildred D,Adams and Robert B.Adams by an instrument recorded in the 'office of the Register of Deeds of New Hanover Couhty in Boo 390 at page 31, named and l�appointed George L.Cain is Trustee; And among the powers delegated therein,the said instrument authorized and empowered him to execute, sign deeds, sell and deliver said property, provided, however, that at least two of the above ns:med owners -must join him signing any deed of conveyance._ THERyFviiE,TH15 1N5THUhiLN'f, }made this i e 1$th day of October, 1955 by and between George L'.Cain,Trustee, Bessie C.Darden and R.B.Davis of'the County of New L nover and State of North Carolina, parties of the first part, and W,D.bore, and his wife, Maude E.Gore, of the County of New Hanover and State of North Carolina, parties of the second Dart; W I T N G S• S E T H: THAT THE Snll} PAHTIaS of the first part, for and in consideration of the sum of 'ten ($10.00)dollars and other good andvaluable considerations to them in hand ,paid by the par ties of tho second part; the receipt whereof is hereby acknowledged, have given, granted, bar- gained and sold, aliened and conveyed and sold, aliened and conveyed, and by these presents . do hereby give, grant; bargain and soil, alien, convey and confirm unto the said parties'of the second part and to their heirs -and assigns forever, all that, certain lot of land situated, lying and being'in Harnett Township, New Hanover County and described as "follows, to wit: All 'of Lot seventeen (17) in Section `"A".(Extended) according to the survey. prepared by J.A.Loughlin, - Civil Engineer, in Novemb'er, 1952, and recorded in the office of the ( Register of Deeds of New hanover County in leap book 5 at page'63 tI{ xLZO abCH TITLE and interest'as- 'the 'parties of the-firstpart"have to that Dort lying between the lot heretofore referred to and the edPe of a oropos ed channel in Futch's Creek, Subject, however, to a right by the.parties of the first nnrt and their heirs, successors and/or assigns, to dredge Futch's Creek, and a right to deposit sand, ate, dredge fro the Creek on and along the water's ed€;e. �! TO HaYE AND TO HOLD the above granted and described premises, together Nzth"al and singular, the richts, privileges, easements, tenements, and "appurtenances thereunto.belong- ing, or in anyywwise appertaining unto the s aid parties of the second Dart, their heirs and as"sign in fee simplei'Oki5 i k: SUBJ.EOT, HOWiiVER", TO AN: easement in favor at Carolina Power and Light Company for t ereetion of poles and otherwise erecting and maintaining, electric power and telephone lines, SUBJEC'!', FURTTURI TO CERTAIN restrictions pldced upon this property in an effort to enhance its I qlue And protect prosent and future owners which restrictiona are a pnrt of consideration of this conveyance and purchase and are recorded in Book 464 at page 419. { ;J And the said parties of the first part,.for themselves, their heirs, executors and i edministrators do covenant to and with the said parties of the second part, their heirs and assipna, that they are seized in fee of the above described land, and tney have good right to sell and II aoxvey the same; that the seas is free and! clear from any and all encumbrances, a.nd that the" 3 and their heirs, executors and administrators, sucosssors and assigns shall WniUiANT ANu 12%0 L 1 1ITLE"FO THE bAr•L: agai$ts the lawful claims and demands of any and ali persons Whomsoever. 1N TLtiTIWNY WHkR60F, the parties of the. first ptrt have hereunto :set their hands and affixed their seals the day and year first above written. ' George T.Cain (seal) 'Trustee j 1! Bessie C.Darden (seal j 9ii 1 U.S. Doc.Spamps-;�2.20 R.B.Davis (seal )i 1Srr,TE OF NONTH CnROLINA 1.00UNTY ON 3Vh:iV HeitvOV.:R I,Roba D. Johnson, a notary public in and for the State and County aforesaid, do hereby certify that George L.Cain Trustee, Bessie (;,Darden and R.B.Aavis, personally appeared be re E me this day and acknowledged the Aue execution of the foregoin,• and annexed instrument for the 1 purposes therein expressed. E Witness my hand and seal this the IS dayof October 1955 "I Reba D.Johnson n (notarial seal ) Natary_Pirblic 'I My commission expires: 6/24/56 'j M ? t ST.Tz uF NuATH C,;ROi iNA i1 NriY HtiNOVi:R CtiUN'CY i The foregoing certificate of Reba D.Johnson, notary public of New jtanover Countylli t are adjudged to be correct. Let the instrument with the certificate be recorded.This the 20 day I of Getober,1955. j Vernell De Vano,Asst. Clark Superior Court E Received and recorded Oct, 20, 1955 } i !R at 2:40 P.M.and verified. !; ! !I ! ` U CEtrs i t e istor o Deeds � - - - - - - - - - - - - - - - - - - - - ! ii ivw. LC,Nrn rr dtcO�V, z;T Vlft I,Mrs. Lena Farrow and Ray Farrow of tha county of NewIF 'i TO Hanover in the State of North Carolina am indebted to !� !! PkN UE't Pwoh z)iLES : pander Motor Sales of Burgaw County in said State, in tt !iChattel Mortgage sum of Two hundred ten dollars and 20/100 uollars for whi( h ____________________________________ they holu my note to be due the 13 day of November A.D. 1, 55 and to secure the payment of the Slme I do hereby convey to them these articles of personal A property to wit: jE One 1949 Mercury i{ ij Motor #' 9CM-11291 I! Payable 21 monthly payments at 10.00 each f' L It being expressly understood and represented that the title of all the:E g property herein conveyed was, at the ! time of this conveyance in the mortr;a�br and thnt there is no lien or encumbrance of any kind whatsoever on the same which h is nrior to this lien. It is also il ``'' fully understood that I agree to nroniky care for all the above property, and 11, if at any time I fail to comely with this clause of said contract the w hol4 )i amount becomes due at once. 9 , But on this special Trust, that if I fail to pay said debt and 'interest on or befoA the 13 day of warch A.J. 1951 then they may sell said property or so much there of as may be 11 necessary by Ft,blic Auction for Cash, first'giving; twenty days -notice in three public places arn#1 an-ly the oroc:eds of such sale.'to the discharge of said debt, and the interest on the same and•'i pay any surplus to me. l Given under my hand and seal this 13 day of October I.D. 1955. Mrs. Lena Farrow Witness: d:jlufham Ray Farrow 3 Nast office of n-aker of note Burgaw, N.C. ! E NORTH t Ruah:A I' ��:i�iltet l:(liN'1'Y The execution of the foregoing instrument was this day acknowledged before me by iI t Mrs. Lena Farrow and Ray Farrow The grantor for 'the purposes therein. 1 Witness my hand and seal this 13th day of Oct 1955 {4otarial seal) - Florence A.Sanders F �My'Goremission expires t:ov. 15,1956 BUrFaw, N.C. € l E` !! 992E OLhE E000 OTh2 220E LT2E OLhE E000 OTh2 220L E62E OLhE E000 OTh2 220L h6TE OLhE E000 OTb2 220L La = .� i Z �»».«»� 'S ��' \ � � 3w«»«m makes; �,• pe �+ 9 lit H H 1 1 M „�Ocl H wr:g y '� 9h2E OLhE EOOO OTfi2 220L 292E OLhE EOOO OTfi2 220L 4E2E OLhE E000 OTfi2 220E 6L2E OLhE E000 OTfi2 220L 002E OLhE E000 OTh2 220L h22E OLhE EOOO OTh2 220E 552E OLhE EOOO OTfi2 220E L