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6/22/2015 6/22/2015 6/22/2015 6/22/2015 6/22/20151 Clements Marine Construction Radiant Investment Inc. Dennis or Beverly Morgan East Coast Engineering & Surveying, P.C. VR Properties, LLC Inmcnaei veme Smith Smith Harry L Kraly same Alan & Tambra Lewis Robert Huckabee Robert Huckabee First Citizens Bank 3826 Crescent State Bank 4380 High Point Bank and Trust 5001 First Bank 14191 NewBridge Bank 5421 64638U 64680D or fee, 4911 64675D 0 Nd Division of Coastal Mgt. Habitat impact Computer Sheet :' Applicant: V �{ LL C Permit _ Date: f�7� 4e', 3 � 115/15' Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. labitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp im acts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ Fill ❑ Both ❑ Other& Dredge ❑ Fill ❑ Both ❑ Other y Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ May 20, 2015 Robb Mairs NCDENR NC Division Of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: General Permits — 2407 N. Lumina Ave Wrightsville Beach, NC 28480 Rob, Per our site visits, discussions and email exchanges this letter is to request the general permits for the project located at 2407 N. Lumina Ave. I have provided a plan detailing the work verbally approved as Exhibit A. Additionally we have sent certified notification to adjacent landowners detailing the plan, those certified mail receipts are attached as Exhibit B. As required, below is a summary of the work to be completed: 1) New Bulkhead Keystone Retaining Wall Installation: a. Commercial Grade Large Tri-Faced Keystone Blocks and respective cap will be installed approx. 1 foot behind the delineated line to an approx. height of 4'4" to match the existing bulkhead wall around and pier deck height b. 57 Stone will installed behind as a mean of reducing washout potential and better drainage Fabric will be layered over the blocks and pulled back no less that 15' with the 57 stone initially holding in place then fill dirt to act as the tie backs d. We will remove the existing pier from the current bulkhead out to the new 2) Pier Extension to Channel and Lowered Launch Pier Installation: a. 6' Pier Extension installed at an angle to reach the widest part of the channel and installed on piles out to the end of the channel where the grass stops b. Stairs & Landing will be installed over the small area the juts inward like a v and has no grass growth c. Lowered Launch Pier will be installed to ensure the bottom of the deck will be a minimum of +3' above the marsh substrate ground surface d. Treated Timber will be used at all times unless owner decides to upgrade to a composite (I.e Trex) or Ipe for the decking e. Owner will install a Davit boat launch on the northwestern tip of either the launch pier or main pier i. Whichever works best to reach the deeper part of the channel while also ensuring the boat is stored on the launch pier f. Owner may choose to replace the decking and railing of the exiting pier to match the new decking and railing installed We understand this will need to be written as two separate general permits one of each respective project. As you know, we have been working on this for quiet some time so appreciate your continued attention to releasing the permits in order for us to begin work. Please call or email me anytime to discuss further. Best Regards, 0 I VR PROPERMs, LLC I May 20, 2015 NCDENR NC Division Of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: General Permits — 2407 N. Lumina Ave Wrightsville Beach, NC 28480 To Whom It May Concern: This letter is to accompany the general permit requests being submitted to your office for the installation of a new bulkhead and extension of the existing pier on the property located as 2407 N. Lumina Ave Wrightsville Beach, NC 28480 on behalf of VR Properties, LLC. I, Robert E. Huckabee III, am the sole Member Manager of the real estate holding entity for this property and as such, have given approval for the following agents to represent the entity's interests on this rezoning application request: 1) David Edmonds, Project Manager 2) Ryan Lisk, General Contractor 3) Coastal Construction & Consulting, LLC under NC GC License # 72355 We appreciate and look forward to working with you during this permitting request. Kindest Regards, a,4 ->- Robert E. Huckabee III Member / Manager VR Properties, LLC IBOTTOM OF ALL NEW PIER DECKS WILL BE +3' MIN FROM THE MARSH SUBSTRATE -GROUND SURFACE LAUNCH PIER L 10.83'x 5.25' TOP OF DECK ELEV +2.5 LOW WATER LINE STAIRS w/ 5 9' TREADS ,4 & 6 8.25* RISERS 15 Ft OFFSET 3'x 3' LANDING - TOP OF DECK ELEV +4.675 ©el- 96AT _LA%„nrtt+ CHANNEL AL-2.31' _ 2' —2.9 EDGE OF MARSH TAj/ _1.49' 2 9- TREADS & 3 8.25' RISERS STAIRS w/ 1 9' TREADS & 2 8.25' RISERS NEW 6'x25't (AVE)TIMBER PIER. TOP OF DECK, ELEV +6.05 — 1. o' 6.06 EXISTING PIER TO REMAIN �Ll ILL 3.13' 3.19' WETLAND DELINEATION / LINE 3.� .30' FACE OF MSE 4L z ,' RETAINING WALL ,33 TOP OF WALL ELEV +7.33 EDGE OF FOOTING EXISTING PIER TO BE REMOVED UP TO NEW WALL r OLD BULKHEAD CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: VR Properties, LLC Address of Property: 2407 Lumina Ave Wrigthtsville Beach, NC 28480 (Lot or Street #, Street or Road, City & County) Agent's Name #: David Edmonds Mailing Address: PO Box 537 Agent's phone #: 910.524.6200 Wilmington, NC 28402 david @sgvi.com 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 descri2tion or drawing, with dimensions, must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastaimanagement.netlweb/cm/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) - X I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr rty Owner In orm io ) Signature VR Properties, LLC Robert E. Huckabee III, Manager Print or Type Name (Riparian Property Owner Information) Signature UP DA Creek, LLC Print or Type Name PO Box 2889 Mailing Address S-ils- Ole-avck.- Jor',,,v— Mailing Address BOTTOM OF ALL NEW PIER DECKS WILL BE +3' MIN FROM THE MARSH SUBSTRATE —GROUND SURFACE LAUNCH PIER L 10.83'x 5.25' w/ TOP OF DECK ELEV +2.5 LOW WATER LINE STAIRS w/ 5 9" TREADS & 6 8.25' RISERS 15 Ft OFFSET - 3'x 3' LANDING TOP OF DECK ELEV +4.675 CHANNEL -2.31' EDGE OF MARSH _ STAIRS w/ 1 49' 2 9' TREADS & 3 8.25' RISERS 1 30' -STAIRS w/ - - 1 9TREADS & 2 8.25" RISERS JI NEW 6'x25't TAVE)TIMBER p PIER. TOP OF DECK. , ELEV +6.05 '"` EXISTING PIER TO REMAIN s.� i EXISTING PIER TO BE REMOVED UP TO NEW WALL R - WETLAND DELINEATION LINE .-FACE OF MSE RETAINING WALL TOP OF WALL ELEV +7.33 EDGE OF FOOTING OLD BULKHEAD LINE North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Account Login Register Date: 6/5/2015 lick here to: iew Document Filings I File an Annual Report JPrint a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report orporation Names Name Name Type NC UP DA CREEK, LLC LEGAL Limited Liability Company Information SOSID: 0588875 Status: Current -Active Effective Date: 4/24/2001 Citizenship: DOMESTIC State of Inc.: NC Duration: 12-31-2050 Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: KING, WILLIAM W. 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 Officers/Company Officials , [i I)1 � R a c,� D� CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: Agent's Name #: Agent's phone #: VR Properties, LLC 2407 Lumina Ave Wrigthtsville Beach, NC 28480 (Lot or Street #, Street or Road, City & County) David Edmonds 910.524.6200 david @sgvi.com Mailing Address: PO Box 537 Wilminqton, NC 28402 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing_the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttp://www.nccoastalmana_-gement.netlweb/cm/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. ( op Owe Inf r tion) Signature VR Properties, LLC Robert E. Huckabee III, Manager Print or Type Name U.S. Postal Service'" CERTIFIED MAIL" RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Gertifiiiied Mail Fee - i�M Mailing Address \A/:1....:.... a.. .. kit' nOAnn ❑ Return Receipt (mrdcopy) $ I C:3 [:]Return Receipt (electronic) $ i "' _ f'I rPostmark O❑ Certified Mail Restricted Delivery $ I ) l ' c n Here O ❑ Adult Signature Required $ N n O / CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: VR Properties, LLC Address of Property: 2407 Lumina Ave Wrigthtsville Beach, NC 28480 (Lot or Street #, Street or Road, City & County) Agent's Name # Agent's phone #: David Edmonds Mailing Address: PO Box 537 910.524.6200 Wilmington, NC 28402 david@sgvi.com I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be orovided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available ator by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. DCM WILMINGTON, NC X- I do not wish to waive the 15' setback requirement. J U N 10 2015 ( Fop y Ow a Inf rrr►ation) 4 A L Signature VR Properfies, LLC Robert E. Huckabee III, Manager Print or Type Name ::• Mailing Address ( arian operty Owner Information) azure KADIS 3, LLC Print or Type Name Ltd ytg C-4 V ik 2.01 AA�rling Address Wilmington, NC 28402 BOTTOM OF ALL NEW PIER DECKS WILL BE +3' MIN FROM THE MARSH SUBSTRATE —GROUND SURFACE LAUNCH PIER is 10.83'x 5.25' w/ TOP OF DECK ELEV +25 i LOW WATER LINE -2.9 / STAIRS w/ 5 9' TREADS / & 6 8.25' RISERS /� I -1.47' 15 Ft OFFSET — r' 3'x 3' LANDING TOP OF DECK ELEV +4.675 7 ©lw;r'F &AT CHANNEL -,lL-2.31' EDGE OF MARSH STAIRS w/ =49 2 9' TREADS A. & 3 8.25' RISERS 4'. 30' STAIRS w/ 1 9' TREADS & 2 8.25" RISERS -1 14' NEW 6'x25't ,(AVE)TIMBER PIER. TOP OF DECK. ELEV +6.05 i— EXISTING PIER TO REMAIN III ed WETLAND DELINEATION LINE 37: ;� �, FACE OF MSE RETAINING WALL TOP OF WALL ELEV +7.33 --EDGE OF FOOTING EXISTING PIER TO BE REMOVED UP TO NEW WALL OLD BULKHEAD LINE Account Elaine F. Marshall Secretary qin Reqister North Carolina DEPARTIV ENT OF THE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 6/5/2015 Click here to: View Document Filings I File an Annual Report �J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC UP DA CREEK, LLC LEGAL imited Liability Company Information SOSID: 0588875 Status: Current -Active Effective Date: 4/24/2001 Citizenship: DOMESTIC State of Inc.: NC Duration: 12-31-2050 Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: KING, WILLIAM W. 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 5115 OLEANDER DR WILMINGTON NC 28403-7018 pany Officials U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-01163 County: New Hanover U.S.G.S. Quad: NC-WRIGHTSVILLE BEACH NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: Acquisition Holdings LLC Attn: David Edmunds Address: 8 Birch Hill Ct. Wrightsville Beach, NC 28480 Telephone Number: (910) 685-1090 Size (acres) 0_6 Nearest Town Wrightsville Beach Nearest Waterway AIWW River Basin New. North Carolina. USGS HUC 3030001 Coordinates Latitude: 34.2301371699828 Longitude:-77.780801243993 Location description: Property is located at 2407 N. Lumina Ave., Wrightsville Beach, North Carolina. Parcel ID R05805-001-001-003. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit reauirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 4 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the dat( of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Hughes at 910-2514635 or Emily.B.Hur-hesna,usace.army.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Coastal Plain Supplement and is adjacent to the Atlantic Intracoastal Waterway, a Navigable Water of the U.S. This determination is based on information provided by Land Management Group and site visits by Emily Hughes on 6/24/2014 & 6/27/2014. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find, Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/15/2014.. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** D {,aly01noa by HUGHES.EMILY.BURTON.1289073660 HUGHES.EMILY.BURTON.1289073 pN9:- S,o—U.5.G n,.n,,o.-Doo,a,--RKl,o.-„SA, —HUGHES.EMILYSURTON. 1289073660 Corps Regulatory Official: 660 Date: 2014.10.151 SO4:3104'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND --- R t plicant: Acquisition Holdings, LLC File Number: SAW-2014-01163 Attn: David Edmunds :ached is: AND Date: October 15, 201 See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E CTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. ditional information may be found at htt : rwww.usace.arm it Missio s! ivilWork /Re ulato Pro r Perini . rplampiqjJftjCFR Part 331. A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. You signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may reques that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the firture. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. You signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated witt permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions there you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section this form and sending the form to the division engineer. This form must be received by the division engineer within 60 d of the date of this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process mpleting Section II of this form and sending the form to the division engineer. This form must be received by the division gineer within 60 days of the date of this notice. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the liminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealec contacting the Corps district for further instruction. Also you may provide new information for further consideration by th -ps to reevaluate the JD. ASON S FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an ini ffered permit in clear concise statements. You may attach additional information to this form to clarify where your reason, ections are addressed in the administrative record.) 01TIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for ord of the appeal conference or meeting, and any supplemental information that the review officer has determined is neede rify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. wever, you may provide additional information to clarify the location of information that is already in the administrative ord. ,ou have questions regarding this decision and/or the >eal process you may contact: strict Engineer, Wilmington Regulatory Division, tn: Emily Hughes Darlington Avenue ilmington, North Carolina 28403 0) 251-4635 If you only have questions regarding the appeal process you ma; also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 3HT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government isultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 d- ice of any site investigation, and will have the opportunity to participate in all site investigations. Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Hughes, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THE DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THIS DATE. THE UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL.' REGULATORY OFFICIAL: Dlyicalys+yneeby BTON.12890736W DN: c=US, o=U.S. Govemmen[, oO=DoD, TITLE: n=Ftt1GMES.EMILY.BURTON.120W73660 DATE: _ W-20u10IS15:11a2-04'00' USACE ACTION ID NO.: I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK AS SHOWN PAGE AS SHOWN OR OTHER REFERENCE SOURCE 61 SHOWN ; THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN BOOK AS, SHOWN PAGE AS SHOWN OR OTHER REFERENCE SOURCE AS. SHOWN THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYI G IN NORTH CARD INA (21 NCAC 56. 1600). THIS IS'� DAY OF 2 nfY JAS M. F LA, PLS L-4 THIS PARCEL OF LAND LIES WITHIN FLOOD ZONE AE 13 WHICH IS A SPECIAL FLOOD HAZARD AREA AS PER F.I.R.M. PANEL NUMBER: 3167 J EFFECTIVE DATE: APRII. 3. 2006 404 WETLANDS FLAG SURVEY 09/16/14 ACQUISITION HOLDINGS, LLC PIN: R05805-001-001-003 2407 N. LUMINA AVE. EXT. LOT 4, CORDGRASS ESTATES WRIGHTSVILLE BEACH; NEW HANOVER COUNTY, NC SEPTEMBER 16. 2014 40 0 20 40 w W GRAPH I imh - 40 If. ` PROFESSIONAL LAND SURVEYING 5/13 WRLGI+ISVILLE AVE, 1A41T 159 ((9f0) 791-f212 W9.MMIGTON, NC I6403 (910) 279-712/ FIRM/ C-3844 E-MAIL : Joswfo91o70yonoo.c= C A R0 aL SEAL r :9 L-4955 . S Qy LINE TABLE LAVE BEAR M, LENGTH Lt N20. 32' 32-E 16.92 L2 N7W 39' OBE 5,72 L3 NI5. 03' Or* 1L35 L4 N29' 16' 29'E 9.90 L5 N20' 14' 02*E 11.71 L5 Ni- 11' 3/'E 13.14 L7 N45- 40 OWE 12.49 LS N5r 34' 521% 11.71 N/F D G ENTERPRISES LTD D.B. 1401. PG. 548 N34'24'00'E 80 INSET A NOT TO SCALE COMPUTED N55'36'00'W POINT 0.64' WETLANDS INSIDE PROPERTY 0.349 +/- ACRES EXISTING n IRON PIPE w 0 INSET B NOT TO SCALE APPROXIMATE CENTER LINE OF 0 To D E COMPUTEDC MARSH CHANNEL N 1� o.r� N / PARMELE D.B. 1265, EXISTING IRON PIPE n n 00LTc MAR94. o+ of Z N1646'08'E m 16.01' . 17 W EXISTING IRON �6 s �4P ROD IS 0.35' L4 4 OFF LINE L1 e F N'37e 'A- 0 LKHLAIJ 4 =- OLD BULI z e 17.3' >` c_ y~1 p H N/FRioAME 010O 7 FRTOD t w KADI3 LLC PC. 2152 F i� 16.0' ON I Lom a '70 g n '� D.B. 5769, � c n N/F a w z �cso L, In UP DA CREI c4 p 7 - En o D.B. 2917. f w SEE INSET A 4535•W`4.50 commm °-K O EXISTING MONUMENT FOUND NOV53'48'E EIP(SEE INSET S4170 57 W CN'80.59, — N LUMINA NOTE: PROPERTY POSSIBLY q 60, R EXT OVERLAPS INTO R/W �w SEE INSET A do B irs, Robb L n: Hughes, Emily B SAW <Emily.B.Hughes@usace.army.mil> t: Monday, August 04, 2014 9:23 AM Mairs, Robb L ject: RE: 2407 Lumina (UNCLASSIFIED) sification: UNCLASSIFIED ?ats: NONE iks Robb such as I've been trying to grasp at hairs for something more, I think I'm going to have to agree with Laura's 401 ieation, which is another 30-40 ft. waterward of yours. The soils are just not meeting the hydric indicators. )rtunate, but that is what I have to go with. Tie know if you have any questions. iy 0 Driginal Message----- n: Mairs, Robb L [mailto:robb.mairs@ncdenr.gov] :: Monday, August 04, 2014 8:58 AM -lughes, Emily B SAW ect: [EXTERNAL] RE: 2407 Lumina (UNCLASSIFIED) Y, not flag the property, but attached is the photograph taken. The boundary is —13' to 15' waterward of the exi! ier bulkhead, which is the location of the second row of pilings under the access pier and just about lines up wi- ling bulkhead where the photo was taken. At this location we observed the presence of Sea Lavender (Limoniu ) along with Salt Meadow Haw (Spartina patens), which appears to be occasionally flooded. The new bulkhead Id need to be landward of this boundary to be authorized under a CAMA General Permit. Let me know if you n further assistance. iks, original Message----- i: Hughes, Emily B SAW[mailto:Emily.B.Hughes(@usace.army.mill y, we're having a tough one with this... ly Original Message----- n: Laura Stasavich [mailto:lstasavich@lmRroup.net] t: Monday, July 28, 2014 1:33 PM Hughes, Emily B SAW ject: [EXTERNAL] 2407 Lumina ly, t talked to Robb about his recent site visit. DCM's coastal marsh line was not in the location the owner portray e from their meeting with DCM. There seems to have been a misunderstanding/miscommunication by the ow ie coastal line is 10' to 15' waterward of the current bulkhead, will the Corps call that a joint line? nks ra ra Stasavich d Management Group, Inc. 5 Wrightsville Ave., Suite 15 mington, NC 28403 452-0001 (office) 1-452-0060 (fax) savich@lmgroup.net irs, Robb L n: Hughes, Emily B SAW <Emily.B.Hughes@usace.army.mil> t: Friday, August 01, 2014 11:13 AM Mairs, Robb L ject: FW: 2407 Lumina (UNCLASSIFIED) sification: UNCLASSIFIED ?ats: NONE Fou have any kind of delineation map for your line on this property? y, we're having a tough one with this... iy Driginal Message----- n: Laura Stasavich [mailto:lstasavich@lmgroup.netl :: Monday, July 28, 2014 1:33 PM Hughes, Emily B SAW ect: [EXTERNAL] 2407 Lumina Y, t talked to Robb about his recent site visit. DCM's coastal marsh line was not in the location the owner portray e from their meeting with DCM. There seems to have been a misunderstanding/miscommunication by the owi e coastal line is 10' to 15' waterward of the current bulkhead, will the Corps call that a joint line? iks -a irs, Robb L n: Hughes, Emily B SAW <Emily.B.Hughes@usace.army.mil> t: Friday, July 25, 2014 3:03 PM Laura Stasavich Mairs, Robb L ject: RE: 2407 N Lumina (UNCLASSIFIED) sification: UNCLASSIFIED pats: NONE port from Robb would be good. II discuss on Monday. Original Message ----- n: Laura Stasavich [mailto:lstasavich@lmRroup.netl r: Friday, July 25, 2014 9:17 AM Hughes, Emily B SAW ject: [EXTERNAL] RE: 2407 N Lumina (UNCLASSIFIED) b has been on -site (with the owner) and said he would be okay with an alignment as proposed if it was also the land line. Basically, he is not going to take the Borrichia area as coastal wetland. Do you need an email from h s out of the office until Monday. n: Hughes, Emily B SAW[mailto:Emily. B.Hughes@usace.army.mill t: Thursday, July 24, 2014 10:40 AM Laura Stasavich ject: RE: 2407 N Lumina (UNCLASSIFIED) sification: UNCLASSIFIED eats: NONE you get anything from Robb Mairs on this? checking in on the North Lumina lot. Do we need to make another site visit? nks �a -a Stasavich J Management Group, Inc. 5 Wrightsville Ave., Suite 15 nington, NC 28403 -452-0001 (office) -452-0060 (fax) ;avich@lmgroup.net sification: UNCLASSIFIED eats: NONE �sification: UNCLASSIFIED eats: NONE