85598D - Torello

t°14 NRCAMA DREDGE & FILL No 85598 ABC D
1 GENERAL PERMIT Previous permit
Date previous permit issued
I I New I 1 Modification n Complete Reissue ❑Partial Reissue
As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
15A NCAC - ri ' I‘.-'!"' n Rules attached. I I General Permit Rules available at the following link:www.deq.nc.gov/CAMArules
Applicant Name,t-1\ I i • t �` 4 v --I L''• C II 0 Authorized Agent NJ P
Address \ I .,L. �9 fJ (.A VV kV, PVQ V\(AVL Project Location(County): �`" (� v' ,
City ,A'��,'1 0-1 SV AI C QEAState Ni., ZIP ' 50 Street Address/State Road/Lot#(s)
Phone#( ) •,,, `''.•' h_;
Email (.1 I Q)( • A-1)Y t? Ito I o 1 0 'y c \.(O Y1'' Subdivision
City ZIP
Affected ElcW ❑EW ❑PTA OS PTS Adj.Wtr.Body IA) !!k 1' 1=30' ri-\I 1 I&)k41'tr`i�� ( V (nat/man/unk)
AEC(s): ❑OEA ❑IHA ❑UW ❑SPIMA PWS Closest Maj.Wtr.Body`dV\`6 C\\F J JV"C\
ORW:yes no PNA:ye no
Type of Project/Activity C 0V\StV C-}' rx bu, li irri(C,A . I ,i. ;/E4a ,'V,`'�, Vet( \ i / t..
m I&.I i^ I\i[.1't Vv,/f^'{ Q'V. (Scale: ; <'
iaP
Shoreline Length
Access Length "� r' •rut::• - •
Pier(dock)length ! i i �i .�i j
Fixed Platform(s) / wk-
-•
Floating Platform(s) NMI ,, M
Finger pier(s) + {G INIM. .� II� .GI-.I. U " '•
Total Platform area - - -' 1I11111 ‘ "1- RL c•rfv $'."`
Groin length/# INS I lar ' —_
Bur
Bulkhead/Riprap length't 5 N /W . • 111
VV"" IIIIIIIIIn .......� � .
Avg distance offshore
IA( ��111 I • , ,. - ■'—■;� �:1 1I I
Breakwater/SillIs ■■ ■MIMIII■
Max distance/length
Basin,channel t al
�_
Cubic yards /_I ` • TA=
__..
Boat ramp / JI�Mr. . ■ ■
Boathouse/Boatlift a --\ j ��� �.1E
Beach Bulldozing I " , ! - 4 `ice C-.
OtherLUP ` at ' (Ci VN CkvWNvcC .... AI'S' MIA
-t% c k s' ■ ` LC • , - 0 ■a *
SAV observed: yes no 111=11=11.1
Moratorium: ',n/a yes no I f
Site Photos: .'yes no
Riparian Waiver Attached: *'s 1� ���U
A building permit/zoning permit may be required by:\OW IA 6' W V\Gltvi S1f 1�\t
{( (1 / I I TAR/PAM/NEUSE/BUFFER(circle one)
Permit Conditions (�.'1 i t{ I IL).) i t .ic.. I _)VjA f C4-O -r f(i, i'VC,I ( Cnr- O' t\t.- V/
1',..,�.U. CA r a t; 01 . NU (•;o y-I, I ev 4 (4 �/i j IG�d; t, [1 See note on back regarding River Basin rules
t. CAU-it,DV 1 7.t A . T
nSee additional notes/conditions on back
I AM AWARE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial)
fit. 44.0 _tryLe E 9 is l 2-II0-22
Agent or Applicant PRINTED Name Permit Officer's PRINTED Name
`j;;�r 1 t 6' LO-I(o 22

Statement of Compliance and Consistency
This permit is subject to compliance with this application and permit conditions. Any'violation of these terms may
subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for
compliance. The applicant certifies by signing this permit that: 1) prior to undertaking any activities authorized by this
permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the
local land use plan and all local ordinances, and 2) a written statement from the adjacent riparian property owner(s)
has been obtained, or proof of delivery of certified mail notification of the adjacent riparian property owner(s).
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistent with the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
Tar - Pamlico River Basin Buffer Rules Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules
for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the
NC Division of Water Resources. If you have any questions, please contact the Division of Water Resources at the
Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215).
Notes/Additional Permit Conditions:
Please ensure all debris associated with the removal or construction of the permitted development is contained within the authorized
project area and disposed of in an appropriate upland location.
Division of Coastal Management Offices
Morehead City Headquarters Washington District
400 Commerce Ave Morehead City, NC 28557 943 Washington Square Mall Washington, NC 27889
252-808-2808/1-888-4RCOAST Fax: [phone] 252-946-6481
(Serves: Carteret,Craven—south of the Neuse River,Onslow Fax: [phone]
Counties) (Serves: Beaufort, Craven—north of the Neuse River, Hyde, Pamlico,
Tyrrell and Washington Counties)
Elizabeth City District Wilmington District
401 S. Griffin St. Ste. 300 127 Cardinal Drive Ext.Wilmington, NC 28405-3845
Elizabeth City, NC 27909 910-796-7215
252-264-3901 Fax:[phone]
(Serves: Bertie, Camden, Chowan, Currituck, Dare,Gates, Hertford, (Serves: Brunswick, New Hanover and Pender Counties)

°etA")NCAMA (-DREDGE & FILL N� 85598 A a c (�
/
[E]
GENERAL PERMIT Preeious permit
Date previous permit issued
' New Modification [Complete Reissue [ 1 Partial Reissue
As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to:
15A NCAC t!_-.. '1 Qj° _ ____ Rules attached. General Permit Rules available at the following link:www.deq.ncgov/CAMArules
Applicant Name A l•Q.'f h(,,��-✓1f(Q-1 t y0 Authorized Agent N l&` 1 I
Address I`v CI` ,v ' WW1-%,�-� P'IVQ,,+/� L c,� Project Location(County): N� 1'J�V10V21✓
City Y VYI I'rt sv l`,Q eeaftaLe t((s ZIP al p v " Street Address/State Road/Lot#(s)
Phone#4 l M) SA E
Email a IRX •kbYt.11 o to` Snot.,•(0W Subdivision
"` City ZIP
Affected CW I I EW PTA XES OPTS Ad).Wtr.Body W i l,,‘op/i(\(Vlgtedrro l d. 3f J'� ( at/ unk)
AEC(s): —OEA IHA p UW D SPIMA 0 PW AA
S Closest Maj.Wtr Body q'r 6 a k e ,S C Vv..CC
ORW:yes no PNA:ye no
Type of Project/Activity otoS-1- uc--►' a btc.1k�kea. 1, Ve'Cck•,t"`�^5 1vV above
fj$Liv. Wt^ 1'� r (Scale: I,;30 )
3
Shoreline Length 41' S 4 1 (y/ `t , r
Access length �i_i t � �� -� '� I- - _ f
( __i M ! ( I i
Pier(dock)length Cv14 X�� 1 - L_ ( _,
Fixed Platform(s) i ! ' 1 t t .•.._____111_ v
2.
EE° T
i r yA C ��! "Phi► y,' } i / - 'w _4UC� .__,._ " N• 144lht than•
Groin length/tJ
Bulkhead/Riprap length 11 S N i"_I S)" rm~ ....}._mot T
Avg distance offshore 95 I ��� �ArC Sch(>cc� -p i, -r --j i _ ' __,�._-'
Breakwater/Sill - - 1--r•} - I r
Max distance/length t ' ) ? + j
Basin,channel ! •
1 -t ___,:_[,_4__. I— -,4 r
i i
Cubic yards ( -4 N --- t I. i
f
Boat ramp ' LUAU\VA' i
Boathouse/8oatlift �
t , __ ' • r--r V41I 'J• UJvvtivA°-
Beach Bulldozing 1�v (Jr Liw <w�c. � ,
Other[,UP - a 0' ahcly c( X�I - A- _- _f
_
�
k
- T I t j t �-
SAV observed: yes no " r - -_� I- < I- _ _
Moratorium: yes no 4- ) - ) 14--f---f--- --1 j
Site Photos: ®a no t
Riparian Waiver Attached: �S I )
A building permit/zoning permit may be required b OVJ 1\ L� vv -S-V-i \R- `6
Permit Conditions M\ 'TAT `(!0O ' \OCfr t S'�i{t 0,4 d e ko,( C O t•/t�,ty�d 1 TAR/PAM/NEUSE/BUFFER(circle one)
V u 1R-han r .a Pr pki . NI 0 CO&S- or 4b4 w/1(e"t t, 4 •tt See note on back regarding River Basin rules
II See additional notes/conditions on back
I AM AWARE OF STATUTES,CRC RULES A • CONDITION .AT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please initial)
4.61-0"OYkhe. E 1k5'
Agent or Appdare' T D Na•e 11.11.11r Per it O ' is PRINTED Name�C J
Signature* Ple.'.ead compliance statement on back o . •' " Signature
Q 'A.I'1 . 7 '1.I ,,_ I 1n I1l w Los .1

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Alex &Tracey Torello
Address of Property: 1709 N Lumina Ave. Wrightsville Beach. NC 28480
Mailing Address of Owner: same
Owner's email: alex.torello10 Gngmail.com Owner's Phone#: [phone]
Agent's Name: Agent Phone#:
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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.
k___I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive EXT,Wilmington,NC 28405.DCM representatives can also be contacted at
[phone]. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15'from my area of riparian access unless waived by me(this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback,you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacen iparian Property Owner
-OR-
I do not wish to waive the 15'setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner: /" __-----
Typed/Printed name of ARPO: rl % CI— q -r C/ i J
4,Mailing Address of ARPO: Fe) 3 t 7.S 9 A._/ ,'A 2
R 0/'-,
ARPO's email: / :U ,' ;)Cam( ( (((''ARPO's Phone#:}� ( 3'Z 8 /y
Date: q /'(,L-- *waiver is valid for up to one year from ARPO's Signature*
--L./
Revised May 2021

TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION &WAIVER FORMS
CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners(15A
NCAC 7J.0204(b)(5)). Proof of actual notice (a sign-off by the owner on this form) or certified mail return
receipts(showing delivery of notice)are needed,or any other method which satisfies the Local Permit Officer
(LPO)that a good faith effort has been made to provide notice.
The purpose of this notice is to make adjacent riparian property owners aware of the proposed development
so that they have an opportunity to provide comments (or potentially object to)the proposed development,
and to give DCM or the LPO an opportunity to consider these comments/objections before a permit decision
is made. "Permission" of adjacent property owners is not necessarily required for DCM to issue a permit;
however, permission must be obtained for certain types of proposed developments if they fall within a 15'
setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in
the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections
can be resolved early in the permit review process. In addition,if the adjacent riparian property owner appeals
the permit decision, insufficient notice could be a basis for granting such an appeal.
Who is an Adjacent Riparian Property Owner?
What is Adjacent?(Note: DCM reads this broadly to ensure comment by potentially impacted neighbors)
• A property that shares a boundary line with the site of proposed development; AND
• A property that fronts a natural or manmade waterbody that is connected to coastal waters and
can support some form of navigation, even a kayak or canoe, including a common canal system
or a manmade basin.
• Easement holders?Yes, if the easement could be impacted by the proposed development.
• Streets/Roads? Only if the street/road could be impacted by the proposed development. This
might include street-ends which might be used for parking and beach access.
• Holders of recognized submerged lands claims/shellfish franchises.
What is Riparian?
Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a
question about whether an adjacent property is considered "riparian," please reach out to DCM Staff -
especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water.
Who/What is a Property Owner?
For private individuals(or families),send notice to the address listed on the tax card. If the property is owned
by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of
State's Corporations Look Up site: https://www.sosnc.qov/search/index/corp. For Condominiums or
neighborhoods with an owners' association (HOA/POA), send notice to the association (which is usually a
corporation, for which you send notice to its registered agent).
What is Notice, and how do I ensure it is received?
• You can meet with your adjacent property owner, provide a description or drawing of the
proposed development, and ask them to sign this form and return it to DCM; OR
• You can hand-deliver this form and a description or drawing, and ask your neighbor to return it to
DCM (consider providing them with a stamped envelope); OR
• You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you
choose this option, you must provide either the signed & returned green card OR track the
certified mail package number on USPS.GOV's online tracking system, and provide the tracking
print-out as proof of delivery to DCM
If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel
and we will work to answer your questions.
Revised May 2021

Ili to r1 t K . et K. 1• 9 ji' PAT BRISTOW 9 ,
D 19
4%) / kseg
4% ti / 4? I wooD
W
AS / 47 I
AV1 s - 12'
/
1
rtic% 1
/ it 40°p7"Qo" Proposed
x
s . i18' - Bulkhead
ER � �
�� S4, 4-EIP - '
d
)Ci ry MEAN HIGH gi ..r.„sp
,fif, ,A, c �A LINE, ELEV. .
°tv LOCATED 12- 1-21
ecti) 0
1709 N Lumina 0 $ DATUM : NAVD '88
t+ NIPS
LOT 3-7
SECTION H
SHELL ISLAND
A 4 P. .'Y on% /1'^1

•
Elks, Katharine B
From: Alex Torello <[e-mail]>
Sent: Monday, February 14, 2022 8:01 AM
To: Elks, Katharine B
Subject: Re: FW: [External] Fwd: 1709 N. Lumina Objections
Attachments: 2021 2019 1711 N Lumina Google Sat circle.jpg; image001.png
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
We have adjusted the bulkhead to now be inland over 30 feet further from the high water mark.
Since this newly designed bulkhead will in no way meet up with the regular high tide waterline, and will be inline with
the existing bulkhead at Sea Oats,the below concerns/objections are no longer applicable:
•
•
• Permanent and irreparable changes to the coastline
•
•
•
• Changes in the natural ebb and flow of normal tides
•
•
•
• Backup of debris, dead sea grass
•
•
•
• Destroy significant existing marsh grass or oyster beds
•
What's also frustrating is that we did not have to sign a waiver when Sea Oats recently added 3'x30' to their
floating dock. Not sure how that was approved without us being notified, especially being over the water
construction. Is there any way to check and see if they even pulled a permit for it? I only found the original
8x16 in their file. Then again would this organization take such a combative stance against us following proper
procedures if they too were not following guidelines as well? Curious.
On Fri, Feb 11, 2022, 17:00 Elks, Katharine B<[e-mail]>wrote:
Hi Alex,

Did you receive this objection frbm Sea Oats HOA? I've asked my District Manager to review for discussion but she will
be on leave till next Tuesday or Wednesday.
Have a nice weekend.
Katharine Elks
Field Representative-Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Monique Beech<[e-mail]>
Sent: Friday, February 11, 2022 10:09 AM
To: Elks, Katharine B<[e-mail]>
Subject: [External] Fwd: 1709 N. Lumina Objections
CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.

Katharine,
Sorry, I did email this on Feb 4th, but see that I miss spelled your name. Please verify that you do receive.
Thank you,
Monique Beech

PAT BRISTOW ' Feb.�,Q , 9, 2022
019
lor
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, / . e i
46,- i
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DocK
/
/ 4O°t�?' " E Proposed
EIP �,
18' / I Bulkhead
0) 5 #EIP .*' - -
) N MEAN HIGHX/061
3 ,( o� LINE, ELEV.
° LOCATED 12- 1-21
1709NLumina 4'"iv DATUM : NAVD '88
r• NIPS
LOT 3-7
SECTION H
SHELL ISLAND
P A A 4 A nr^ t1'7 1

Sea Oats Homeowners Association, Inc.
PO Box 391
Wrightsville Beach, NC 28480
910-256-2684
-Ey 4,.2022
NCDCM
127 Cardinal Drive EXT
Wilmington,NC 28405
To whom it may concern,
Please find enclosed the signed ARPO Form with objections concerning 1709 N.
Lumina Ave. along with our reasoning behind the objection to this request.
Sea Oats HOA still has the same concerns as previously stated in letter dated
Januaryl2th. If this bulkhead is allowed to be built as requested, it will cause
permanent and irreparable changes to the coastline in addition to causing changes
in the natural ebb and flow of the tides. Moreover, this area has fill issues which
would be hastened and exacerbated by this proposal, which would call for the dock
areas needing to be dredged more often, since at low tide it is already only waist
deep at docking areas. Our dock contractor suggests allowing new bulkhead to be
built from corners of existing bulkheads (north & south), which he feels would
cause the least number of issues in the future.
This strong objection is submitted on behalf of Sea Oats HOA and its owners,
specifically including the owners of 1711 N. Lumina Ave, the immediately
adjacent property.
Thank you in advance in taking our concerns and strong objections into
consideration for this permit request.
Regards,
Monique Beech
President/Broker in Charge
Sea Oats HOA, Inc Manager
Coastal Management& Real Estate, Inc
910-332-1008

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Alex & Tracey Torello
Address of Property: 1709 N mina Av Wrightujlle Beach NC 28480
Mailing Address of Owner same
Owner's email: alex.torello10(ct�gmail.corn Owner's Phone#: [phone]
Agent's Name: Agent Phone#:
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
cBottom portion to be completed by the Adjacent Property Owner)
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 DO NOT have objections to this proposal. A I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive EXT, Wilmington,NC 28405.DCM representatives can also be contacted at
[phone]. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse,lift, or groin
must be set back a minimum distance of 15'from my area of riparian access unless waived by me(this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15'setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement(initial the blank) "J
Signature of Adjacent Riparian Property Owner: 111 1AA./
Typed/Printed name of ARPO: t L i,L _ (te ! C
Mailing Address of ARPO: Q� C7DIL 31 1 LAD t Z' 4
ARPO's email:(.O6L4 .t/o"316/1ol.mm ARPO's Phone#: Ala ' 337 - I bbc6
Date: 44 � ) 1jZ `waiver is valid for up to one year from ARPO's Signature*
Revised May 2021

/ /' / \I 1 I I I I I I I i i, I,STEVEN L BUIE,CERTIFY THAT THIS MAP WAS DRAWN
\`‘\. Cap ''i, UNDER MY SUDERVIS:ON FROM AN ACTUAL SURVEY MADE
, i \`\,‘` ,,,,‘,0444�;,, UNDER MY SUDERVISION(DEED DESCRIPTION-SEE TITLE
Y , 2 0' �S.S-Q REFERENCES),
BROKEN THE BOUNDARIES
AND THAT ARIES NOT IS MAPVEYED ARE
MEETS THE
♦ 10 _ 9 - REQUIREMENTS OF THE AANDARDS OF PRACTICE FOR
��II ' c = SEAL <_ = LAND SURVEYING IN NORTH CAROLINA(21 NCAC 56,1600).
4 a - = THIS 1st DAY OF DECEMER 2021.
„4„..,
•
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•0``I=i ,.- N L 8 �.
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RIPARIAN LINE
AT MIDPOINT BETWEEN /
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LOCATION MAP N EXISTING PIERS PER / 9 /
�4 NOT TO SCALE SHELL ISLAND SOUND MAP BY PAT BRISTOW��,r �9g,
LEGEND EI 26 2019 h41
,��
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PROPERTY LINE ----V o 12:. ;of 00df
—-- ADJOINERS LINE ^
—- CENTER LINE /-- \ / O/ / A 1
---- RIGHT OF WAY / /
EASEMENT LOT 3-4 / ��_
O LOT CORNER SECTION H / 06,
EIP EXISTING IRON PIPE SHELL ISLAND / 40°07'00�•E m )
EIPP EXISTING IRON PIPE PINCHED M.B. 18, PG. 93muted E, 5 •18' /
EIR EXISTING IRON ROD
M.B.,PG. MAP BOOK,PAGE / . EIP-- .
NIPS NEW IRON PIPE SET
OHW OVERHEAD WIRE(S) ^L G �l• �V'r j4W i '
PP POWER POLE 4 ELrt`l` ,C �',,00 4 MEAN HIGH
Q WATER METER ,> i�t`1 ti by °Pb^ LINE, ELEV.
a�� ti w LOCATED 12-1-21
'S ti DATUM: NAVD '88
1ti
bet STORY WOOD DECK
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1 a M9i GRIMM/ROOK OEO(
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eN
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6;,:�NIPS
I 1 I II1 I1 SAC{1NJ ROOT DWELLING ON
EAODSED AREA
PILES LOT 3-7
o o COVE 3OROI SECTION H
IMo\z''
LOT 3-5 I" SHELL ISLAND
F.1 SECTION H in _oci sus u0°E! M.B. 18, PG. 93
I I SHELL ISLAND Z a„ 00
rfl I 1 M.B. 18, PG. 93 wM f
3-6
i m
i -J I 3 0.363 ACRES
lam U cL_-__ 147.30' PP EIR PP EIP
$34°24'00"W — - "77 s- --,,, fl 4.'
100.00' R/W
S 34°24'00"W
1
■° 1 C/L
NORTH LUMINA AVENUE
70' PUBLIC RIGHT-OF-WAY R/W
TITLE REFERENCE:
D.B.6249,PG.403-406, 0 60 120 180
M.B.18 PG.93,
NEW HANOVER COUNTY REGISTRY. ==MIMil ME OF SURVEY
Ea
OWNER PER
G.TORERECORDS: ALEX G TORELLO, Jr.
ALEXANDER G.TORELLO,Jr
and TRACEY M.TORELLO PO RT C I TY TRACEY M. TORELLO
278 RALEIGH STREET
1709 LUMINA AVE N.
WILMINGTON,NC 28412
LAND SURVEYING, P L L C LOT 3-6,TR 3,SHELL ISLAND
THE PREMISES SURVEYED IS WITHIN A FLOOD HAZARD FIRM LICENSE No. P-1493 MAP CABINET 18 PAGE 93
AREA ACCORDING TO THE FLOOD INSURANCE RATE MAP WRIGHTSVILLE BEACH TOWNSHIP
OF TOWN OF WRIGHTSVILLE BEACH,NEW HANOVER 1144 SHIPYARD BOULEVARD NEW HANOVER COUNTY,NORTH CAROLINA 28480
COUNTY,NORTH CAROUNA(COMMUNITY PANEL No. WILMINGTON, NORTH CAROLINA 28412 SCALE:1'=60' DATE:JANUARY 12,2021
- OCATR„ 'C.1,,2421
375361 3167 K,REVISED AUGUST 28,2018). [phone]

Sea Oats Homeowners Association, Inc.
PO Box 391
Wrightsville Beach, NC 28480
910-256-2684
January 12, 2022
NCDCM
127 Cardinal Drive EXT
Wilmington, NC 28405
To whom it may concern,
Please find enclosed the signed ARPO Form with objections concerning 1709 N.
Lumina Ave. along with our reasoning behind the objection to this request.
We have spoken with a specialist. He states that DCM would not approve of this
proposal changing the shoreline. If this bulkhead is allowed to be built as
requested, it will cause permanent and irreparable changes to the coastline in
addition to causing changes in the natural ebb and flow of the tides. Moreover, this
area has fill issues which would be hastened and exacerbated by this proposal. It
will cause a backup of debris, dead sea grass, destroy significant existing marsh
grass and oyster beds, etc. in the corners, if allowed to be built past the existing
bulkheads already in place.
This strong objection is submitted on behalf of Sea Oats HOA and it's owners,
specifically including the owners of 1711 N. Lumina Ave, the immediately
adjacent property.
Thank you in advance in taking our concerns and strong objections into
consideration for this permit request.
Regards,
'\1\@
Monique Beech
President/Broker in Charge
Sea Oats HOA, Inc Manager RECEIVED
Coastal Management & Real Estate, Inc
910-332-1008 JAN 1 4 2022
ik\ DCM WILMINGTON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Alex & Tracey Torello
Address of Property: 1709 N Lumina Ave. Wrightsville Beach, NC 28480
Mailing Address of Owner: same
Owner's email: alex.torellol0@.gmail.com Owner's Phone#: [phone]
Agent's Name: Agent Phone#:
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
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 DO NOT have objections to this proposal. I DO have objections to this proposal.
if you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive EXT, Wilmington,NC 28405.DCM representatives can also be contacted at
[phone]. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15'from my area of riparian access unless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
.do not wish to waive the 15' setback requirement (initial the blank)(4"
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: 6Y1 \ a C4-7'1 ( A-\6'1 .
Mailing Address of ARPO: Q- • I'6,e- ( u,: \�C�` j l��� 1i' ��, N(' L a`1-B V
ARPO's email:Cm50c\ 01 3 l C an\, Ckf RPO's Phone#: 01 I U--33Z ` 1 60 b
Date: Ci!! � 2, I Z Z *waiver is valid for up to one year from ARPO's Signature* RECF lVED
Revised May 2021
JAN 1 4 2022
rtnm WII MIN(T(lAl KIP

' • 1 111 I 1 I I I I r// I.STEVEN L.BUIE,CERTIFY THAT"HIS MAP WAS DRAWN
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y �\� S S ,ice UNDER MY SUPERVISION(DEED DESCRIPTION•SEE TITLE
o, REFERENCES);THAT THE BOUNDARIES NOT SURVEYED ARE
PGcc �N- O SHOWN AS BROKEN L:NES;AND THAT THIS MAP MEETS THE
�g Q ;'0 SEAL�-fv'- �_ REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR
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TITLE REFERENCE:
D.B.6249,PG.403.406, 0 60 120 180
M.B.18 PG.93,
NEW HANOVER COUNTY REGISTRY. •-all 111111111111111111 MAP OF SURVEY
,aa
OWNER PER
G.TORERECORDS: ALEX G TORELLO, Jr.
ALEXANDER G.TORELLO,Jr
and TRACEY M,TORELLO PORT CI Ty TRACEY M. TORELLO
276 RALEIGH STREET �, 1709 LUMINA AVE N.
WILMINGTON,NC 28412 LAND SURVEYING, P L L C LOT 3-6,3th pdkLi.,I§V,Oi0
THE PREMISES SURVEYED IS WITHIN A FLOOD HAZARD FIRM LICENSE No. P-1493 MAP CABINS 18 -''
AREA ACCORDING TO THE FLOOD INSURANCE RATE MAP WRIGHTSVILLE BEACH TOWNSHIP
OF TOWN OF WRIGHTSVILLE BEACH,NEW HANOVER 1144 SHIPYARD BOULEVARD NEW HANOVER COUNTY,(JpRTJ1 cps_ 8480
COUNTY,NORTH CAROLINA(COMMUNITY PANEL No. WILMINGTON, NORTH CAROLINA 28412 SCALE:1"=60' )A Y jl If
375361 3167 K,REVISED AUGUST 28,2018). [phone] E iW EC..I'203 R �•

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ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
February 21, 2022
Sea Oats HOA, Inc.
c/o Ms. Monique Beech
P.O. Box 391
Wrightsville Beach, NC 28480
Dear Ms. Beech:
This letter is in response to the letter of objection, which was received by the N.C. Division of Coastal
Management on February 11, 2022, indicating your objections to the proposed development by Alex
Torello, at property located at 1709 N. Lumina Avenue, in Wrightsville Beach, NC. The project consists of
constructing a new retaining wall across approximately 54'of highground approximately 30' landward of
mean high water. The retaining wall would tie into the existing wall at the Sea Oats HOA, Inc. property
located at 1711 N. Lumina Avenue with 32' wing wall to tie into the neighboring 1707 N/Lumina property.
Based on consistency with the Rule requirements outlined in 15A NCAC 07H .0209 COASTAL
SHORELINES and 15A NCAC 07H .1100, GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS
AND RIP RAP REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST
WATERS AND OCEAN HAZARD AREAS, a permit has been issued to authorize the development. I have
enclosed a copy of the permit, as well as the relevant statutes.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The
Chairman of the Coastal Resources Commission will consider each case and determine whether to grant
your request to file for a Contested Case Hearing. The hearing request must be filed with the Director,
Division of Coastal Management, in writing and must be received within twenty (20) days of the permit
decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at 910-796-7424, if you have any questions, or if I can provide any additional
information.
https://deq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances-appeals
Respectfully yours,
n
, (4,
7
Tara MacPherson
District Manager
./=Ilk MIS ��� North Carolina Denartment of Environmental Oualitv I Division of Coastal Management

SECTION.1100-GENERAL PERMIT FOR CONSTRUCTION OF BULKHEADS AND RIRAP
REVETMENTS FOR SHORELINE PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS AND
OCEAN HAZARD AREAS
15A NCAC 07H.1101 PURPOSE
A permit under this Section shall allow the construction of bulkheads and riprap revetments for shoreline protection in
the public trust waters and estuarine waters AECs according to authority provided in Subchapter 07J.1100 and according
to the Rules in this Section. This permit shall not apply to shoreline protection along the oceanfront or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the
Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy and lower
erosion rates than the adjoining Ocean Erodible Area.
History Note: Authority G.S. 113A-107(a);113A-107(b);113A-113(b);113A-118.1;113A-124;
Eff March 1, 1984;
Amended Eff July 1,2009;April 1,2003.
15A NCAC 07H.1102 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area,and the applicant's name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian
property owners indicating that they have no objections to the proposed work;or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of
the proposed work. The notice shall instruct adjacent property owners to provide written
comments on the proposed development to the Division of Coastal Management within 10
days of receipt of the notice, and, indicate that no response shall be interpreted as no
objection. The Division of Coastal Management shall review all comments and determine,
based on their relevance to the potential impacts of the proposed project, if the proposed
project can be approved by a General Permit. If the Division of Coastal Management
determines that the project exceeds the guidelines established by the General Permit Process,
DCM shall notify the applicant that an application for a major development permit shall be
required.
(c) No work shall begin until an on-site meeting is held with the applicant and a Division of Coastal Management
representative so that the proposed alignment may be marked. Written authorization to proceed with the proposed
development shall be issued if the Division representative finds that the application meets all the requirements of this
Subchapter. Construction of the bulkhead or riprap revetment shall be completed within 120 days of the issuance of the
general authorization or the authorization shall expire and it shall be necessary to re-examine the alignment to determine
if the general authorization may be reissued.
History Note: Authority G.S. 113A-107(a); 113A-107(b); I13A-113(b); 113A-118.1; 113A-124;
Eff March 1, 1984;
Amended Eff July 1,2009; October 1,2007;September 1,2006,January 1, 1990;December 1, 1987.
15A NCAC 07H.1103 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars($200.00)for riprap revetments sited at or above normal high
water or normal water level,or a permit fee of four hundred dollars ($400.00)for riprap revetments sited below normal
high water or normal water level. The applicant shall pay a permit fee of four hundred dollars($400.00)for bulkheads.
Permit fees shall be paid by check or money order payable to the Department.
History Note: Authority G.S. 113A-107;;113A-113(b);113A-118.1;113A-119; 113-119.1; 113A-124;
Eff March 1, 1984;
Amended Eff. October 5, 2009;September 1, 2006;August 1,2000;March 1, 1991.
15A NCAC 07H.1104 GENERAL CONDITIONS
(a) This permit authorizes only the construction of bulkheads and riprap revetments conforming to the standards herein.
(b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make
periodic inspections at any time deemed necessary in order to ensure that the activity being performed under authority of
this general permit is in accordance with the terms and conditions prescribed herein.
(c) There shall be no interference with the use of the waters by the public by the existence of the bulkhead or the riprap
revetment authorized herein. Bulkheads and riprap revetments authorized in this Rule shall not interfere with the
ectahliched nr traditional riahtc of navioatinn of the watere by the nnhli.

(d) This permit shall not be applicable to proposed construction where the Division of Coastal Management has
determined,based on an initial review of the application,that notice and review pursuant to G.S. 113A-119 is necessary
because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water
quality;air quality;coastal wetlands;cultural or historic sites;wildlife;fisheries resources;or public trust rights.
(e) This permit shall not eliminate the need to obtain any other required state,local,or federal authorization.
(f) Development carried out under this permit shall be consistent with all local requirements,AEC rules,and local land
use plans current at the time of authorization.
History Note: Authority G.S. 113A-107(a);113A-107(b); 113A-113(b);113A-118.1;113A-124;
Eff.March 1, 1984;
Amended Eff May 1, 1990,December 1, 1987;
RRC Objection due to ambiguity Eff May 19, 1994,-
Amended Eff July 1,2009;August 1, 1998;July 1, 1994.
15A NCAC 07H.1105 SPECIFIC CONDITIONS
(a) Along shorelines void of wetland vegetation:
(1) New bulkheads shall have an average approximation of normal high water or normal water level. The
bulkhead position shall not exceed a distance of five feet waterward of normal high water or normal
water level at any point along its alignment.
(2) New bulkheads or riprap revetments on shorelines within manmade upland basins,canals,and ditches,
shall be positioned so as not to exceed an average distance of two feet and maximum distance of five
feet waterward of normal high water or normal water level.
(3) When replacing an existing bulkhead, the new alignment shall be positioned so as not to exceed a
maximum distance of two feet waterward of the current bulkhead alignment. To tie into a like
structure on the adjacent property,replacement bulkhead position shall not exceed a maximum distance
of five feet waterward of the current bulkhead alignment. When replacing a bulkhead where lands
landward of the bulkhead were lost in the last year,bulkheads shall be positioned a maximum of two
feet waterward of the original/existing alignment.
(4) Riprap revetments shall be positioned so as not to exceed a maximum distance of 10 feet waterward of
the normal high water or normal water level at any point along its alignment.
(b) Along shorelines with wetland vegetation, bulkheads and riprap revetments shall be positioned so that all
construction is to be accomplished landward of such vegetation.
(c) Bulkheads shall be constructed of vinyl, or steel sheet pile, concrete, stone, timber, or other suitable materials
approved by the Division of Coastal Management.
(d) Riprap revetments shall be constructed of granite, marl,concrete without exposed rebar,or other suitable materials
approved by the Division of Coastal Management.
(e) Revetment material shall be free from loose dirt or other pollutants.
(I) Revetment material shall be of sufficient size to prevent movement from the site by wave action or currents.
(g) Construction design for riprap revetments shall take into consideration the height of the area to be protected (i.e.
bulkhead height, escarpment height, water depth) and the alignment shall allow for a slope no flatter than three feet
horizontal per one foot vertical and no steeper than 1 1 feet horizontal per one foot vertical.
(h) All backfill material shall be obtained from an upland source pursuant to 15A NCAC 07H.0208. The bulkhead or
riprap revetment shall be constructed prior to any backfilling activities and shall be structurally tight so as to prevent
seepage of backfill materials through the structure.
(i) No excavation, grading or fill shall be permitted except for that which may be required for the construction of the
bulkhead or riprap revetment. This permit shall not authorize any excavation waterward of the approved alignment.
(j) Runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters.
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that
eroded materials do no enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms,
sand fence,etc.).
(k) If one contiguous acre or more of property is to be excavated or filled,an erosion and sedimentation control plan
shall be filed with the Division of Energy, Mineral, and Land Resources, or appropriate local government having
jurisdiction. This plan shall be approved prior to commencing the land-disturbing activity.
(I) For the purposes of these Rules,the Atlantic Intracoastal Waterway(AIWW)is considered a natural shoreline.
(m) Construction authorized by this general permit shall be limited to a maximum shoreline length of 500 feet.
History Note: Authority G.S. 113A-107(a); 113A-107(b);113A-113(b);113A-118.1;113A-124;
Eff.March 1, 1984;
Amended Eff August 1,2012(see S.L.2012-143,s.1.(f));July 1,2009;April 1,2005;
December 1,1991;January 1, 1989;December 1, 1987.

(i) Natural reefs, coral outcrops, artificial reefs, seaweed communities, and
significant benthic communities identified by the Division of Marine Fisheries
or the WRC shall be avoided;
(ii) Development shall not be sited on or within 500 meters of significant biological
communities identified by the Division of Marine Fisheries or the WRC,such as
high relief hard bottom areas. High relief is defined for this standard as relief
greater than or equal to one-half meter per five meters of horizontal distance;
(iii) Development shall not cause irreversible damage to documented archeological
resources including shipwrecks identified by the Department of Cultural
Resources and unique geological features that require protection from
uncontrolled or incompatible development as identified by the Division of
Energy,Mineral,and Land Resources pursuant to G.S. 113A-113(b)(4)(g);
(iv) Development activities shall be timed to avoid significant adverse impacts on
the life cycles of estuarine or ocean resources,or wildlife;
(v) Development or operation of a wind energy facility shall not jeopardize the use
of the surrounding waters for navigation or for other public trust rights in public
trust areas or estuarine waters;and
(vi) Development or operation of a wind energy facility shall not interfere with air
navigation routes,air traffic control areas,military training routes or special use
airspace and shall comply with standards adopted by the Federal Aviation
Administration and codified under 14 CFR Part 77.13.
(C) Permit Conditions.Permits for wind energy facilities may be conditioned on the applicant
amending the proposal to include measures necessary to ensure compliance with the
standards for development set out in this Rule.Permit conditions may include monitoring
to ensure compliance with all applicable development standards;and
(D) Public Benefits Exception. Projects that conflict with these standards, but provide a
public benefit,may be approved pursuant to the standards set out in Subparagraph(aX3)
of this Rule.
History Note: Authority G.S. 113A-107(b); 113A-108; 113A-113(b); 113A-124;
Eff September 9, 1977;
Amended Eff February 1, 1996;April 1, 1993;February 1, 1993;November 30, 1992;
RRC Objection due to ambiguity Eff March 21, 1996;
Amended Eff.August 1,2012(see S.L. 2012-143,s.1.(/));February 1, 2011;August 1,2010;
June 1,2010;August 1, 1998;May 1, 1996;
Readopted Eff July 1, 2020.
15A NCAC 07H.0209 COASTAL SHORELINES
(a) Description.The Coastal Shorelines category includes estuarine shorelines and public trust shorelines.
(1) Estuarine shorelines AEC are those non-ocean shorelines extending from the normal high water
level or normal water level along the estuarine waters,estuaries, sounds,bays,fresh and brackish
waters, and public trust areas as set forth in an agreement adopted by the Wildlife Resources
Commission and the Department of Environmental Quality [described in Rule .0206(a) of this
Section]for a distance of 75 feet landward.For those estuarine shorelines immediately contiguous
to waters classified as Outstanding Resource Waters (ORW) by the Environmental Management
Commission (EMC), the estuarine shoreline AEC shall extend to 575 feet landward from the
normal high water level or normal water level, unless the Coastal Resources Commission
establishes the boundary at a greater or lesser extent following required public hearing(s) within
the affected county or counties.
(2) Public trust shorelines AEC are those non-ocean shorelines immediately contiguous to public trust
areas,as defined in Rule 07H.0207(a)of this Section,located inland of the dividing line between
coastal fishing waters and inland fishing waters as set forth in that agreement and extending 30
feet landward of the normal high water level or normal water level.
(b) Significance. Development within coastal shorelines influences the quality of estuarine and ocean life and is
subject to the damaging processes of shore front erosion and flooding. The coastal shorelines and
wetlands contained within them serve as barriers against flood damage and control erosion between the
estuary and the

uplands. Coastal shorelines are the intersection of the upland and aquatic elements of the estuarine and ocean
system, often integrating influences from both the land and the sea in wetland areas. Some of these wetlands are
among the most productive natural environments of North Carolina and they support the functions of and habitat for
many valuable commercial and sport fisheries of the coastal area. Many land-based activities influence the quality
and productivity of estuarine waters.Some important features of the coastal shoreline include wetlands,flood plains,
bluff shorelines,mud and sand flats,forested shorelines and other important habitat areas for fish and wildlife.
(c) Management Objective. All shoreline development shall be compatible with the dynamic nature of coastal
shorelines as well as the values and the management objectives of the estuarine and ocean system.Other objectives
are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and
perpetuate their biological,social,aesthetic,and economic values;to coordinate and establish a management system
capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean
system and the people of North Carolina.
(d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of
this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the
public trust rights and the biological and physical functions of the estuarine and ocean system.Every effort shall be
made by the permit applicant to avoid or minimize adverse impacts of development to estuarine and coastal systems
through the planning and design of the development project. Development shall comply with the following
standards:
(1) All development projects, proposals, and designs shall preserve natural barriers to erosion,
including peat marshland, resistant clay shorelines, and cypress-gum protective fringe areas
adjacent to vulnerable shorelines.
(2) All development projects, proposals, and designs shall limit the construction of impervious
surfaces and areas not allowing natural drainage to only so much as is necessary to service the
primary purpose or use for which the lot is to be developed.Impervious surfaces shall not exceed
30 percent of the AEC area of the lot, unless the applicant can demonstrate, through innovative
design, that the protection provided by the design would be equal to or exceed the protection by
the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface
limitation shall be permitted if impervious areas are not increased and the applicant designs the
project to comply with the rule to the maximum extent feasible.
(3) All development projects, proposals, and designs shall comply with the following mandatory
standards of the North Carolina Sedimentation Pollution Control Act of 1973:
(A) All development projects,proposals,and designs shall provide for a buffer zone along the
margin of the estuarine water that is sufficient to confine visible siltation within 25
percent of the buffer zone nearest the land disturbing development.
(B) No development project proposal or design shall propose an angle for graded slopes or
fill that is greater than an angle that can be retained by vegetative cover or other
erosion-control devices or structures.
(C) All development projects, proposals, and designs that involve uncovering more than one
acre of land shall plant a ground cover sufficient to restrain erosion within 30 working
days of completion of the grading; unless the project involves clearing land for the
purpose of forming a reservoir later to be inundated.
(4) Development shall not have a significant adverse impact on estuarine and ocean resources.
Significant adverse impacts include development that would directly or indirectly impair water
quality increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation
(SAV),deposit spoils waterward of normal water level or normal high water,or cause degradation
of shellfish beds.
(5) Development shall not interfere with existing public rights of access to,or use of,navigable waters
or public resources.
(6) No public facility shall be permitted if such a facility is likely to require public expenditures for
maintenance and continued use, unless it can be shown that the public purpose served by the
facility outweighs the required public expenditures for construction, maintenance, and continued
use.
(7) Development shall not cause irreversible damage to valuable, historic architectural or
archaeological resources as documented by the local historic commission or the North Carolina
Department of Natural and Cultural Resources.

(8) Established common-law and statutory public rights of access to the public trust lands and waters
in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon
public accessways nor shall it limit the use of the accessways.
(9) Within the AECs for shorelines contiguous to waters classified as ORW by the EMC, no CAMA
permit shall be approved for any project that would be inconsistent with rules adopted by the
CRC,EMC or MFC for estuarine waters,public trust areas,or coastal wetlands.For development
activities not covered by specific use standards, no permit shall be issued if the activity would,
based on site-specific information,degrade the water quality or outstanding resource values.
(10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level,with the exception of the following:
(A) Water-dependent uses as described in Rule 07H.0208(a)(1)of this Section;
(B) Pile-supported signs(in accordance with local regulations);
(C) Post-or pile-supported fences;
(D) Elevated,slatted,wooden boardwalks exclusively for pedestrian use and six feet in width
or less.The boardwalk may be greater than six feet in width if it is to serve a public use
or need;
(E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces
except those necessary to protect the pump;
(F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that
shall not singularly or collectively exceed 200 square feet;
(G) Grading, excavation and landscaping with no wetland fill except when required by a
permitted shoreline stabilization project.Projects shall not increase stormwater runoff to
adjacent estuarine and public trust waters;
(H) Development over existing impervious surfaces, provided that the existing impervious
surface is not increased;
(I) Where application of the buffer requirement would preclude placement of a residential
structure with a footprint of 1,200 square feet or less on lots, parcels and tracts platted
prior to June 1, 1999, development shall be permitted within the buffer as required in
Subparagraph(dx10)of this Rule,providing the following criteria are met:
(i) Development shall minimize the impacts to the buffer and reduce runoff by
limiting land disturbance to only so much as is necessary to construct and
provide access to the residence and to allow installation or connection of
utilities,such as water and sewer;and
(ii) The residential structure development shall be located a distance landward of the
normal high water or normal water level equal to 20 percent of the greatest
depth of the lot.Existing structures that encroach into the applicable buffer area
may be replaced or repaired consistent with the criteria set out in 15A NCAC
07J.0201 and.0211;and
(J) Where application of the buffer requirement set out in Subparagraph(dx10)of this Rule
would preclude placement of a residential structure on an undeveloped lot platted prior to
June 1, 1999 that are 5,000 square feet or less that does not require an on-site septic
system,or on an undeveloped lot that is 7,500 square feet or less that requires an on-site
septic system, development shall be permitted within the buffer if all the following
criteria are met:
(i) The lot on which the proposed residential structure is to be located, is located
between:
(I) Two existing waterfront residential structures,both of which are within
100 feet of the center of the lot and at least one of which encroaches
into the buffer;or
(II) An existing waterfront residential structure that encroaches into the
buffer and a road,canal,or other open body of water,both of which are
within 100 feet of the center of the lot;
(ii) Development of the lot shall minimize the impacts to the buffer and reduce
runoff by limiting land disturbance to only so much as is necessary to construct

and provide access to the residence and to allow installation or connection of
utilities;
(iii) Placement of the residential structure and pervious decking shall be aligned no
further into the buffer than the existing residential structures and existing
pervious decking on adjoining lots;
(iv) The first one and one-half inches of rainfall from all impervious surfaces on the
lot shall be collected and contained on-site in accordance with the design
standards for stormwater management for coastal counties as specified in 15A
NCAC 02H.1005.The stormwater management system shall be designed by an
individual who meets applicable State occupational licensing requirements for
the type of system proposed and approved during the permit application process.
If the residential structure encroaches into the buffer,then no other impervious
surfaces shall be allowed within the buffer;and
(v) The lots shall not be adjacent to waters designated as approved or conditionally
approved shellfish waters by the Shellfish Sanitation Section of the Division of
Marine Fisheries of the Department of Environmental Quality.
(e) The buffer requirements in Paragraph(d)of this Rule shall not apply to Coastal Shorelines where the EMC has
adopted rules that contain buffer standards.
(f) Specific Use Standards for ORW Coastal Shorelines.
(1) Within the AEC for estuarine and public trust shorelines contiguous to waters classified as ORW
by the EMC,all development projects,proposals,and designs shall limit the built upon area in the
AEC to no more than 25 percent or any lower site specific percentage as adopted by the EMC as
necessary to protect the exceptional water quality and outstanding resource values of the ORW,
and shall:
(A) provide a buffer zone of at least 30 feet from the normal high water line or normal water
line;and
(13) otherwise be consistent with the use standards set out in Paragraph(d)of this Rule.
(2) Single-family residential lots that would not be buildable under the low-density standards defined
in Subparagraph (f)(1) of this Rule may be developed for single-family residential purposes so
long as the development complies with those standards to the maximum extent possible.
(g) Urban Waterfronts.
(1) Definition. Urban Waterfronts are waterfront areas, not adjacent to ORW, in the Coastal
Shorelines category that lie within the corporate limits of any municipality duly chartered within
the 20 coastal counties of the state. In determining whether an area is an urban waterfront, the
following criteria shall be met:
(A) the area lies wholly within the corporate limits of a municipality;and
(13) the area has a central business district or similar commercial zoning classification where
there are mixed land uses, and urban level services, such as water, sewer, streets, solid
waste management, roads, police and fire protection,or in an area with an industrial or
similar zoning classification adjacent to a central business district.
(2) Significance. Urban waterfronts are recognized as having cultural, historical and economic
significance for many coastal municipalities. Maritime traditions and longstanding development
patterns make these areas suitable for maintaining or promoting dense development along the
shore. With proper planning and stormwater management, these areas may continue to preserve
local historical and aesthetic values while enhancing the economy.
(3) Management Objectives. To provide for the continued cultural,historical,aesthetic and economic
benefits of urban waterfronts. Activities such as in-fill development, reuse and redevelopment
facilitate efficient use of already urbanized areas and reduce development pressure on surrounding
areas, in an effort to minimize the adverse cumulative environmental effects on estuarine and
ocean systems. While recognizing that opportunities to preserve buffers are limited in highly
developed urban areas,they are encouraged where practical.
(4) Use Standards:
(A) The buffer requirement pursuant to Subparagraph(d)(10)of this Rule shall not apply to
development within Urban Waterfronts that meets the following standards:
(i) The development shall be consistent with the locally adopted land use plan;

(ii) Impervious surfaces shall not exceed 30 percent of the AEC area of the lot.
Impervious surfaces may exceed 30 percent if the applicant can demonstrate,
through a stormwater management system design, that the protection provided
by the design would be equal to or exceed the protection by the 30 percent
limitation. The stormwater management system shall be designed by an
individual who meets any North Carolina occupational licensing requirements
for the type of system proposed and approved during the permit application
process. Redevelopment of areas exceeding the 30 percent impervious surface
limitation shall be permitted if impervious areas are not increased and the
applicant designs the project to comply with the intent of the rule to the
maximum extent feasible;and
(iii) The development shall meet all state stormwater management requirements as
required by the EMC;
(B) Non-water dependent uses over estuarine waters,public trust waters and coastal wetlands
shall be allowed only within Urban Waterfronts as set out below.
(i) Existing structures over coastal wetlands, estuarine waters or public trust areas
may be used for commercial non-water dependent purposes. Commercial, non-
water dependent uses shall be limited to restaurants and retail services.
Residential uses,lodging and new parking areas shall be prohibited.
(ii) For the purposes of this Rule, existing enclosed structures may be replaced or
expanded vertically provided that vertical expansion does not exceed the
original footprint of the structure,is limited to one additional story over the life
of the structure,and is consistent with local requirements or limitations.
(iii) New structures built for non-water dependent purposes are limited to pile-
supported, single-story, unenclosed decks and boardwalks, and shall meet the
following criteria:
(I) shall provide for enhanced public access to the shoreline;
(II) may be roofed,but shall not be enclosed by partitions,plastic sheeting,
screening,netting,lattice or solid walls of any kind;
(III) shall require no filling of coastal wetlands, estuarine waters or public
trust areas;
(IV) shall not extend more than 20 feet waterward of the normal high water
level or normal water level;
(V) shall be elevated at least three feet over the wetland substrate as
measured from the bottom of the decking;
(VI) shall have no more than six feet of any dimension extending over
coastal wetlands;
(VII) shall not interfere with access to any riparian property and shall have a
minimum setback of 15 feet between any part of the structure and the
adjacent property owners'areas of riparian access. The line of division
of areas of riparian access shall be established by drawing a line along
the channel or deep water in front of the properties,then drawing a line
perpendicular to the line of the channel so that it intersects with the
shore at the point the upland property line meets the water's edge. The
minimum setback provided in the rule may be waived by the written
agreement of the adjacent riparian owner(s) or when two adjoining
riparian owners are co-applicants. Should the adjacent property be sold
before construction of the structure commences, the applicant shall
obtain a written agreement with the new owner waiving the minimum
setback and submit it to the permitting agency prior to initiating any
development;
(VIII) shall be consistent with the US Army Corps of Engineers setbacks
along federally authorized waterways;
(IX) shall have no significant adverse impacts on fishery resources, water
quality or adjacent wetlands and there shall be no alternative that would
avoid wetlands. Significant adverse impacts include the development

that would impair water quality standards, increase shoreline erosion,
alter coastal wetlands or Submerged Aquatic Vegetation (SAV),
deposit spoils waterward of normal water level or normal high water
level,or cause degradation of shellfish beds;
(X) shall not degrade waters classified as SA or High Quality Waters or
ORW as defined by the EMC;
(XI) shall not degrade Critical Habitat Areas or Primary Nursery Areas as
defined by the NC Marine Fisheries Commission;and
(XII) shall not pose a threat to navigation.
History Note: Authority G.S. 113A-107(b); 113A-108;113A-113(b); 113A-124;
Eff September 1, 1977;
Amended Eff April 1, 2001; August 1, 2000; August 3, 1992; December 1, 1991; May 1, 1990;
October 1, 1989;
Temporary Amendment Eff October 15,2001 (exempt from 270 day requirement-S.L. 2000-142);
Temporary Amendment Eff. February 15, 2002 (exempt from 270 day requirement-S.L. 2001-
494);
Amended Eff April 1,2019;March 1, 2010;April 1, 2008;August 1, 2002;
Readopted Eff July 1, 2020.
SECTION.0300-OCEAN HAZARD AREAS
15A NCAC 07H.0301 OCEAN HAZARD CATEGORIES
The Ocean Hazard categories of AECs encompass the natural hazard areas along the Atlantic Ocean shoreline
where, because of their vulnerability to erosion or other adverse effects of sand, wind, and water, uncontrolled or
incompatible development could endanger life or property.Ocean hazard areas include beaches,frontal dunes,inlet
lands, and other areas in which geologic, vegetative and soil conditions may subject the area to erosion or flood
damage.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a); 113A-113(b)(6b); 113A-113(b)(6d);
113A-124;
Eff September 9, 1977;
Readopted Eff December 1, 2020.
15A NCAC 07H.0302 SIGNIFICANCE OF THE OCEAN HAZARD CATEGORY
(a) Hazards associated with ocean shorelines are due to the constant forces exerted by waves,winds, and currents
upon the unstable sands that form the shore.During storms,these forces are intensified and can cause changes in the
bordering landforms and to structures located on them. Ocean hazard area property is in the ownership of a large
number of private individuals as well as several public agencies and is used by a vast number of visitors to the coast.
Ocean hazard areas are critical due to both the severity of the hazards and the intensity of interest in these areas.
(b) The location and form of the various hazard area landforms,in particular the beaches,dunes,and inlets,are in a
permanent state of flux, responding to meteorologically induced changes in the wave climate. For this reason, the
siting of development on and near these landforms shall be subject to the provisions in this Section in order to avoid
their loss or damage. The flexible nature of these landforms presents hazards to development situated immediately
on them and offers protection to the land, water, and structures located landward of them. The value of each
landform lies in the particular role it plays in affording protection to life and property. Development shall not
diminish the energy dissipation and sand storage capacities of the landforms essential to the maintenance of the
landforms'protective function.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(6a); 113A-113(b)(6b); 113A-113(b)(6d);
113A-124;
Eff September 9, 1977;
Amended Eff October 1, 1992;
Readopted Eff December 1,2020.
15A NCAC 07H.0303 MANAGEMENT OBJECTIVE OF OCEAN HAZARD AREAS

Cheek
Wed Date Deposited Check From(Name) Name of Permit Holder Vendor Chock number amount Permit Number/Comments Receipt or Refund/Reallocoted
11 Cokmmn2 Column3 Column) Column5 Column6 Cehmm7 Cotonne Column9
!022 David Grice Money Order Robert Roy USPS 2 64E+10' $400.00 1 GP#85579D BB rot.16986
!022 David Grice Money Order Robert Roy USPS 2.64E+10 $20000 GP#85566D BB rct.16990 _
!022 Alexander Torello Jr. same BB&T 5923 r .$400.00 GP#85598D KE rct.16590
!002 Jerry Ennett Edna Lockamy Coastal Bank and Trust 4489 $200.00 1 GP#85591D JD rot.16565 _
!022 Carolina Bluewater Construction,Inc.David Aucello BB&T 24517 $200.00 !GP#85568D BB rot.16991
!022 Carolina Bluewater Construction,Inc.Ashley&Jackson Trent BB&T 24516 $200.00 GP#855670 BB rct.16992
!022 South Cape Maritime,LLC Marsh Harbour HOA Wells Fargo 1148 $400.00 GP#85571D KE rct.16588 ,
!022 Richard Penny Construction,LLC Eagle Point HOA Navy Federal CU 2658 $200.00 'GP#855700 KE rct.16587
!022 bennett Boys,LLC Matt Bennett First Citizens Bank 1128 $200.00 GP#85559D JD rct.16811
!022 Sea Dog Marine Construction Edgar Garber II First Bank 1629 $200.00 GP#85373D BB rct.16989
!022 Meadowbrook Investments LLC Debell BB&T 1396 $200.00 'GP#85581D _ BB rct.16988 a'
!022 Rhonda McCall Tony Alexander Bank of America 1131 $200.00 !GP#80195D PA rct.16541
!022 Roy Smart Same Wells Fargo 5783 $400.00 ,GP#85450D PA rot.16502
!022 South Cape Maritime,LLC Daniel Bowman Wells Fargo 1358 $200.00 GP#85406D BH rot.16260