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HomeMy WebLinkAbout130-21 Sarkis Family LLCP.Prm;'- . lass NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t for X . Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Sarkis Family LLC., 7 Golden Dr.,.Wheeling, WV 26003. Permit Number 130-21 Authorizing development in Brunswick County at adi. to a man-made canal, at 408 Cobia St., in Sunset Beach as requested in the permittee's application dated 6/16/21, including attached workplan drawings (4) Sheets 1-2 of 4 both dated 6/15/21 and Sheets 3-4 of 4 both dated 6/16/21. This permit, issued on September 23, 2021 is subject to compliance with . the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )tthese terms may be subject.to tines, imprisonment or civil action; or may cause me perms to oe nun ana vola. Shoreline Stabilization - Bulkhead 1) The bulkhead shall extend a maximum of 3 foot from the waterward edge of the existing bulkhead at any point along its alignment at the time of construction. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. . Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. ME= Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Sarkis Family LLC. Permit No. 13M1, 4 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfrlling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion, Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. USACE Conditions 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. General 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. Sjrklff LLC. ADDITIONAL CONDITIONS Permit No. 130-21 Page 3 of 3 17) All construction debris, associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3 (Action ID SAW-2021-01604). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water . Quality Certification 4175 and assigned the project DWR Project No. 2021-1159. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinato— le'-�� Permit 150 -Z ( MAILING DISTRIBUTION SHEET J DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington ,., (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: atenee Gledhill -Earley at Environmental.Review@ncdcr.gov MWeidi Cox (WIRO) rjf im Harding +"David Harris Shannon Jenkins / Sharon Gupton owTim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: IINN" APPLICATION for Major Development Permit past ravlsad 12127/88) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Sarkis Family, LLC Project Name (if applicable) RECEIVED Applicant ll First Name Douglas MI A Last Name Sarkis JUL 27 2021 Applicant 2: Flrst Name MI Last Name OCM-MHD CI If additional applicants, please attach an additional page(a) with names listed. Meiling Address 7 Golden Drive PO Box I City Wheelinq State Vw ZIP 26003 Country 1 USA Phone No. 304- 280 "5758 ex'. FAX No. Street Address (# ditrent from above) City state ZIP Email sarkis.dou las mail"corn 2. AgenNContractor Information Business Name M Contractor 1: First Name Debbie MI Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmin ton State NC ZIP 2 408 Phone No. 1 910 - 612 - 0402 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City state ZIP Email debbiew75 charter. net RECEIVED <Form continues on back> JUN 2 8 2021 M7 DCM WILMINGTON, NC 252.808"2.808 .. 1"088"4RCOAST .. www.neconstal,nanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 9, Project Location County (can be multiple) Street Address Slate Rd. # Brunswick 408 Cobia Street SubdMslon Name City State ZIP Sunset Beach NC 28468 Phone No. Lot No.(s) (if many, attach additional page with Ilsf) 3047 280-5758 exl. 32 , a. In which NC fiver basin Is the project located? b. Name of body of water nearest to proposed project Lumber c. Is the water body Idendfied In (b) above, natural or manmade? J. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIVWV e. Is proposed work wlthln city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.f ,) 50, 4.792 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.11.acres NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4' ®NHW or ❑NWL e. Vegetation on tract Ornamental landscaping, lawn grasses and Coastal Wetlands. I. Man-made features and uses now on tract RECEIVE Single family residence, bulkhead, private pier and floating dock. JUL 27 2O g. Identify and describe the existing lend uses adlacent to the proposed project site. Residential DCM-MHD h. How does local government zone the tract? I. Is the proposed project consistent with the appllcable zoning? (Attach zoning compliance certificate, if applicable) Residential BR2 ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. (-]Yes ®No ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does It Involve a []Yes ®No ❑NE.0 F IVEI') National Register listed or eligible property? �E <Form continues on next page> JUN 2 8 7- i ;ITY DCM WILMINGTON, NC 7.52-se8-2808 .. 1-888.4111COAST .. www.necoustaimsnagement.net Form DCM MP-1 (Page 3 of 4) m. (i) Are there wetlands on the site? (it) Are there coastal wetlands on the site? APPLICATION for Major Development Permit Byes ❑No BYes ONO 011) If yes to either (p or (II) above, has a delineation been conducted? ®Yes ONO (Attach documentetlon, ifavellabis) See Attached Drawing n. Describe existing wastewater treatment ladlilles. Municipal o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. ►T�� 5- Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commerclal ❑Public/Govemment BPdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential use for shoreline stabilization. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction with a pile driver and skid steer. d. List all development activities you propose. Install a new vinyl bulkhead T waterward of the existing bulkhead. JUL 27 2021 e. Are the proposed activities maintenance of an existing project, new work, or both? DCM-MHD CI Both I. What Is the approximate total disturbed land area resulting from the proposed project? BSq.Ft or ❑Acres 186 g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ONO []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. None I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes BNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes BNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> JUN 2 8 20[I y Dr]M Wu esINGTON NC 252-808-2608 .. 1.808-4rtCOAST .. www.ncconstalmanagament.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-.i)-the following items below, If applicable, must be submitted In order for theapplication pagkega to.be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application InsbuclIk n booklet on how to property prepare the required items below, - 9. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detalled to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims tille to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recelpts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the DMsion of Coastal Management. Name Phone No. Marianne & Christina Beamon Address P. O. Box 1403, North Wilkesboro, NC 28659 Name William & Teresa Ferrell Phone No. Address 270 N. Palmer Street, Ridgeway, SC 29130-7353 Name Phone No. Address p. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permfcee, and Issuing dales. None found It. Signed consultant or agent authorization form, If applicable. I. Welland delineation, if necessary. j. A signed AEC hazard nodce for projects In oceanfront and Inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). 8 necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documentkp compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit Issued In response to this application will allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED Date 6116/21 Print Name Debbie Wilson, Assent for Douglas Sarkis Signature 9-ci Z%Agent JUL 27 2021 Please indicate application attachments pertaining to your proposed project. REGEIM D CITY ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development JUN 2 S 2021 ❑DCM MP4 Structures Information DCM WILMINGTON, NC 252.808-2808 .. I.388.411COAST .. www.nccoastalmanaynment.eet Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Length Width Avg. Existing Depth Final Project Depth Access Channel (NLW or N W L) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilisation NA NA NA NA L1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. c. (1) Does the area to be excavated Include coastal wetlandstmarsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SO), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S13 ❑WL ❑None (it) Describe the purpose of the excavation in these areas: 2, DISPOSAL OF EXCAVATED MATERIAL ®TINS "camriot epp/keb/e a. Location of disposal area. b. Dimensions of disposal area. C. (1) Do you claim title to disposal area? d. (I) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA ❑Yes ❑No ❑NA (II) If no, attach a letter granting permission from the ovmer. (11) If yes, where? e. (1) Does the disposal area include any coastal m1landstmarsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS , ❑WL ❑None (if) Describe the purpose of disposal in these areas: (1) Does the disposal include any area in the water? ❑Yes []No ❑NA (II) If yes, how much water area Is affected? RECEIVED RECEIVEU? JUN 2 S 10<1 JUL 27 2021 DCM WILMINGTON NC 252-808.2808 :: 11-8884RCOAST :: www_nccoaatolmanagemQnt.net revised: 12/26i06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑Th/s section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 6V ®Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: _ Width: 1. c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 3' 3. e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? Vinyl Sheathing []Yes ®No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill materiel. Bulkhead backfill 150 sq, ft. Riprep _ Clean Sand Breakwater/Sill_ Other_ --- I. Source of fill material. Upland source 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) _.. a. (1) Will fill materiel be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wellandstmarsh (CW), If yes, (II) Amount of material to be placed in the water (lit) Dimensions of fill area (Iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (9e), of other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (II) Describe the purpose of the fill in these areas: 15. GENERAL I a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Silt fence Pile driver, skid steer c. (i) Will nevi ational aids be required as a result of the project? Yes & ❑No ❑NA (11) If yes, explain what type and how they will be implemented. d. (i) Will wetlands be crossed In transporting equipment to project site? ®Yes ❑No ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Most will be by foot malts will be used as needed. 6116121 4 FGP--1V€D — Douglas Sarkis Date Applicant Name JUN 2.8 2021 - Sarkis Family LLC 1U1 9,7 2021 .9t�Qre 2✓ Agent for Protect Name Applicant Signature DCM-MHD CITY 252-808-2808 :: 1-868.4RCOAST :: vYwya.nccoasta11 12gmenk_net revised: 12/26106 Sarkis Family, LLC c/o Douglas Sarkis 408 Cobia Street. Sunset Beach. Brunswick County Prepared By: Debbie.Wilson I6/15/21 NTS Sheet 1 of 4 • ! 44" Cob ra S A Im A N 3000 ft .M e� Wal Bottot Contc Typical Bulkhead X-Section NTS � %'CI V CLi JUL 27 2021 DCM-MHD CITY JUN 2 8 2021 DCM WIL.MINGTON NC Sarkis Family, LLC c/o Douglas Sarkis 408 Cobia Street Sunset Beach Brunswick County Drawn By: Debbie Wilson 6/16/21 Scale: NTS Sheet 4 of 4 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Sarkis Family, LLC COUNTY: Brunswick JUL 27 2021 PROJECT NAME: 408 Cobia Bulkhead DCM-MHD LOCATION OF PROJECT: 408 Cobla St., adj. to a manmade canal in Sunset Beach CITY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-23-21 PREFILE DATE: 6-24-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40)#719425269 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-29-21 END OF NOTICE DATE: 8-19-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 10-6-21 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 7-23-21 STATE DUE DATE: 8-19-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 7 27 LI 1' �tX DCM - LUP Consistency Determination Q�Lt l7� C Local Permit Officer Corps of Engineers - Regulatory Branch ��LI( -01isW DWR-401 Section b( 2C>L1 -0511 DWR-Public Water Supply bT�ZI �c DEMLR - Stotmwater DEMLR - Sed and Erosion DOA - State Property Office ! u LI Y Wildlife Resources Commission glZ Z )G DMF - Shellfish Section 7 Z t >11 DMF - Habitat & Enhancement 6(715y 1 v DNCR - Archives & History Ij l )c DNCR-Natural Heritage Program NCDOT NC Dept of Commerce ni v k .3 Recommendations for State Permit- 408 Cobia Bulkhead It is the stairs recommendation that the applicant's proposal to install approximately 50 linear ft. of bulkhead with 16 linear ft. of return walls, resulting in the filling of approximately 108ft2 of Coastal Wetlands and incorporating approximately 42ft of Estuarine Waters/Public Trust Area is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 711.0208 (b)(7) Use Standards for Bulkheads. The applicant has proposed efforts to minimize impacts to any adjacent resources. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads and upland development. It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of coastal wetlands would present a greater environmental risk with potential erosion and washout during the construction process as well as pose a possible threat to the foundation of the existing residential structure. RECEIVED JUL 27 2021 DCM-MHD CITY ROY COOPER Governor ELIZABEM S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA EnvlronmentalQuallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) orecc. bodnar(a)NCDEN R.cov SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (c% Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead an average of 3ft. waterward of an existing bulkhead, resulting in the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Mark Brown Public Water Supply 7-27-21 p Q� IVBEE; D JUL 2 6 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bod nar(cDNCDENR.aov SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (c/o Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead an average of 3ft. waterward of an existing bulkhead, resulting in the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE K t: for Shannon Jenkins DATE 07/26/21 J U L 2 6 2021 FOP SECTION WND North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �r,m,'2_4�9LRiiu.awmwome\ 910.796.7215 ROY COOPER Governor EI 17ABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Ehvrronmental Quality July 23, 2021 Dq - 26. a Z MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arena. bodnarldlNCDENR.00V SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (do Douglas Sarkis) Project Location: 408 Cobfa St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead an average of 3ff. waterward of an existing bulkhead, resulting in the filling of approx. 108swit of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 798-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME m.a n c--T. dun n AGENCY NCA4y-C Ri,EMENIE0 SIGNATURE AUG 2 2021 DATE -71-3D-272-1 Flub? SECTION ION MI-10 . � North Carolina Department ofEnvlroomenWi Quality l Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 aw.`iw�.w.+�ao,eq� 910296.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Penults Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bod naraNCDEN R.a ov SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (do Douglas Sarkis) Project Location: 408 Cobis St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead an average of aft. waterward of an existing bulkhead, resulting in the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gream Bodnar at the address above by August 19, 2021: If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda Hilliard AGENCY _S__tate'. Property Office RI r. CEVED ff ,, `` SIGNATURE 4ol16­ L�,l QbO nt►V AUG 1 1 2021 DATE August 11, 2021 a�u� S-ECT$Opq PoUP-ID 1 ®� �� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405 wm.m� /'� 910.796.72I5 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 23, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greaQ. bodnar(&NCDENR.gov SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (c/o Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead an average of 3ft. waterward of an existing bulkhead, resulting In the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnarat the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME A I✓lk 7L 0 AGENCY /`r f 3A,01 , o -� 4,-Mr eco RECEIVED SIGNATURE M AUG 1 3 2021 DATE g112 NT SECTM 'MX D North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 enmwovrawn 910196.72I5 Received: 8/18/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 NORTH CAROLINA Environmental Quality ER 21-1979 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnarna NCDENR.gov SUBJECT: CAMA/D&F Due: 8/23/2021 08/23/2021 NC- SBA Applicant: Sarkis Family, LLC (c/o Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead an average of aft. waterward of an existing bulkhead, resulting in the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office ( ,,,,,YA.6L-M" 08/26/2021 4w � E ,, .Y.,\ e RECEWED AUG 2 6 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 23, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: CAMA/D&F Applicant: Sarkis Family, LLC (c/o Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead an average of3ft. waterward of an existing bulkhead, resulting in the filling of approx. 108swft of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE KaX6d&Az DATE 08/23/2021 RED ME-D AUG 2 3 2021 �t( North Carolina Department of Environmental Quality I Division of Coastal Management D r 1/ . Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Caro11na 28405 arnmmmmaanr\ / 910.796.7215 Y a JL ROY COOPER Governor ELIZABETH S. BISER secretary S. DANIEL SMITH Director Sarkis Family, LLC ATTN: Douglas Sarkis 7 Golden Drive Wheeling, WV 26003 NORTH CAROLINA Environmental Quality August 20, 2021 RECEIVED AUG 2 6 2021 MP SECTION MHD D W R a 20211159 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 408 Cobia Street — Man-made Canals Dear Mr. Sarkis: You have our approval for the impacts listed below for the purpose described in your application dated June 16, 2021, received by the Division of Water Resources (Division) July 23, 2021. The application proposes to construct a bulkhead with approximately 108 square feet of fill in coastal wetlands and below high water. The proposed project is located adjacent to a man-made canal system which are contiguous with the Eastern Channel which are class SA;HQW waters by the DWR. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of General Permit No. 198000291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [35A NCAC 02H .0506(b)) Type of Impact Amount Approved (units) Permanent Plan Location or Reference Stream N/A N/A 404/401 Wetlands N/A N/A Open Water/Shallow Bottom 0.01 acres (+/-108 sq.ft.) Narrative and sheets 1 thru 4 D �� North Carolina Department of Environmental Quality I Division of water Resources Wilmington Regional Office i 127 Cardinal Drive Extension l Wilmington North Carolina 28405 wgd.E+z.m.aw� /� 910.796.7215 Sarkis-408 Cobia St. D W R20211159 Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions [15A NCAC 02H .0507(c)]: 1. All backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation:15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506-(b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 2. All backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall not be used. Citation: 15A NCAC 02H .0506-(b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Turbidity Standard- The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTIJ; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222] AUG 2 6 2021 [TdP SEECTI®N MHD ,r— Sarkis-408 Cobia St. DWR20211159 Page 3 of 3 Citation: 15A NCAC 028.0211; 15A NCAC 01H .0506(b)(1); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5 This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-160 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.Snider@ncdenr.go if you have any questions or concerns. Sincerely, Morelia Sanchez -King Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 4175 cc: Debra Wilson (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) DWR 401 & Buffer Permitting Unit RECEIVED AUG 2 6 2021 PAP OSECTION MHD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01604 County: Brunswick County U.S.G.S. Quad: Shalotte OE S GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Douglas Sarkis Sarkis Family, LLC. Address: 7 Golden Drive Wheeline, WV 26003 Telephone Number: Size (acres) Nearest Waterway Jinks Creek USGS HUC 03040208 RZECEIVED SEP S 2021 Nearest Town Sunset Beach River Basin Lower Pee Dee Coordinates Latitude:33.872987MP SECTION 9tl39tl3H.a Longitude:-78.499406 Location description: The site is located in a man-made canal of the Sunset Beach canal system at 408 Cobia Street in Sunset Beach, Brunswick County, NC. Description of project area and activity: Theyrouosal is to replace 50 linear feet of bulkhead an average of 3 ft. waterward of an Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 3 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guideiines.pd SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application, information and attached drawings dated June 15 & 16, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. Ap_- This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. - If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greeorv.E.Currevne usace.armv.mil. Gregory L. u..i. ly slgnetl W Gregory E. Currey Curre Cate; MIL909095302M'OP Corps Regulatory Official: y Expiration Date of Verification: March 18, 2022 A. Determination of Jurisdiction: Date: September 8.2021 5-vE " D SEP 6 2021 �tjp � -floN UND 1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved.JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 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 date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33USC § 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 date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a 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: i - 4& US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room I OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by Gregory E. Corps Regulatory Official: Gregory E. Currey Date: 2021.09.0809:53:50 Currey 04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/VV=136:4:0. Copies furnished by email: Debbie Wilson Brendan Brock (NC DCM) Gregg Bodnar (NC DCM) Holley Snider (NC DWR) sari rivrED 6EP 8 2021 n,° ^PD Action ID Number: SAW-2021-01604 County: Brunswick County Permittee: Douglas Sarkis Sarkis Family, LLC. Project Name: 408 Cobia Street/Sarkis Family, LLC./Douglas Sarkis Date Verification Issued: September 8, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINE WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee REECE ED S E P 8 2021 Date RECEIVED MEMO SEP 2 1.2021 RAP SECTION MHD To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Sarkis Family LLC, Sunset Beach, Brunswick County Date: September 20, 2021 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to replace 50 linear feet of bulkhead an average of 3 ft. waterward of an existing bulkhead, resulting in the filling of approximately 108 sq. ft. of Coastal Wetlands in the Sunset Beach canal system. The project is located at 408 Cobia Street in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW, and PT. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Residential/Conservation. In general, the Town of Sunset Beach allows development in Residential/Conservation Reserve classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Sarkis Family LLC c/o Douglas Sarkis PROJECT NAME: 408 Cobia Bulkhead 2. LOCATION OF PROJECT SITE: The project site is located at 408 Cobia St., Sunset Beach, North Carolina. Coordinates: Latitude N 33°52'22.32" Longitude W 78°29'58.97" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Site Visit 7-1-2021 Was Applicant Present - No PROCESSING PROCEDURE: Received Date: 6-28-2021 Pre -file date: 6-24-2021 Complete Date: 7-23-2021 30 Day Post Pre -File Date: 7-23-2021 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP — Residential (B) AEC(s) Involved: ES, CW, PT (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, bulkhead, docking facility Planned - Replace the existing bulkhead (0) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [ARFA] DIZI LGED FILLED OTHEB N/A N/A 0 ft (A) Uplands (No Disturbance using Earth Anchors (B) Vegetated Wetlands N/A 108 fl, N/A (C) Open Water N/A az Rz N/A (D) Total Area Disturbed: 150 f (.003 acres) (F) Water Classification: SA; HQW Open: No (E) Primary Nursery Area: No 8. PROJECT SUMMARY: The applicant proposes to replace 50 linear feet of bulkhead an average of 3% waterward of an existing bulkhead, resulting in the filling of approximately 108ft2 of Coastal Wetlands in the Sunset Beach canal system. RECEIVED JUL 27 2021 DCM-MHD CITY 408 Cobia Bulkhead July 23, 2021 RECEIVED 9. PROJECT DESCRIPTION JUL 27 2021 The proposed project is located at 408 Cobia St., Sunset Beach, Brunswick County. DCM-MHD CITY The property can be reached from Wilmington by traveling south on NC HWY 17 towards South Carolina. Continue 35 miles south on NC HWY 17 and make a left turn onto Seaside Road SW. Drive south Seaside Road SW for 3.5 miles and take a right onto Sunset Blvd N for 2 miles. At the round -about, take the first right and continue over the bridge. Take the second left onto East Main St. and continue until 131 St. is on the left. Drive down 13`^ street and take a left onto Canal Dr. and then an immediate right onto Cobia St. The property will be on the left at 409 Cobia St. The proposed project site sits on a manmade canal. Existing structures on the .11-acre property include a multi- story house and a docking facility. Based on DCM records, no previous permit history can be found for the existing bulkhead but the applicant states the bulkhead was constructed sometime in the 1990's. There is also no record of the existing docking facility in our database but aerial imagery suggests the dock has been in place since at least 1993. High ground is located approximately 4ft. above normal high water (NH W) and primarily consists of domestic grasses, landscape stone, and ornamental shrubs. Foundation pilings are located between 6-1OR. from the existing bulkhead (See Sheet 2 of 4). The existing bulkhead is located at NHW and spans approximately 50 linear feet, stabilizing the west side of the property. The existing bulkhead is approximately 3ft. landward of the adjacent bulkheads to the north and south (See Sheet 2 of 4). A dense swath of Salt Marsh Cordgrass (Spartina alternaJlora) grows across the waterward edge of the existing bulkhead extending an average of IOR. offshore of the bulkhead. No Coastal Wetlands are present directly under the existing 12ft. wide fixed platform (See Sheet 2 of 4). No 404-type wetlands appear to be located within the project area. The water; of the Sunset Beach canals are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the July 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. PROPOSED PROJECT The applicant proposes to replace 50 linear feet of bulkhead an average of 311. waterward of an existing bulkhead, resulting in the filling of approximately 108ft2 of Coastal Wetlands in the Sunset Beach canal system. According to the applicant, pressure exerted from the house has caused the current wooden bulkhead to bow out and compromise the integrity of the existing wall. The application states that the proximity of the house pilings to the existing bulkhead make replacing the bulkhead in the same footprint a logistical challenge. The applicant states that a bulkhead failure while trying to replace in the same footprint could have much greater environmental impacts than stepping out the new bulkhead into Coastal Wetlands. The proposed bulkhead would step out an average of 311. waterward of the existing bulkhead, resulting in the filling of approximately 108ft of Coastal Wetlands and incorporating approximately 42112 of Estuarine Waters/Public Trust Area (See Sheet 3 of 4). According to the application, the proposed alignment would allow the bulkhead to tie into the adjacent walls, creating a stronger and more esthetically pleasing wall. Vinyl sheets would be installed using a barge -mounted pile driver while high ground equipment would be limited to a skid steer and hand tools. Due to the close proximity of the foundation pilings to the existing bulkhead, the applicant has proposed to install Manta -Ray earth anchors to secure the proposed wall. Earth anchors are driven through the face of the vinyl into the high - ground soil and load locked, virtually eliminating any high -ground disturbance typically associated with tie back systems. The proposed bulkhead would terminate with 8% wing walls, making the bulkhead structurally independent of the bulkheads to the north and south of the property. 10. ANTICIPATED IMPACTS The proposed bulkhead would step out an average of 3ft. waterward of NHW, resulting in the filling of approximately 108ft of Coastal Wetlands and incorporating approximately 4211of Estuarine Waters/Public Trust Area. High ground disturbance would be negligible and limited to the use of a skid steer during sheet pile installation. Marsh mats would be used as needed to reduce Coastal Wetland impacts during sheet pile installation. Increased turbidity levels should be expected during sheet pile installation. Submitted by: Brendan Brock Date: July 23, 2021 Office: Wilmington RECEIVED JUL 27 2071 DCM-MHD CITY Narrative As the acting agent for Douglas Sarkis who owns 408 Cobia Street, Sunset Beach, in Brunswick County, I am submitting the enclosed CAMA Major Permit Application for the installation of a new vinyl bulkhead. As proposed, the new vinyl bulkhead would be installed 3' waterward of the existing failing wooden bulkhead (which was installed in 1990) even though there are Coastal Wetlands (primarily Spartina alterniflora) in front of and up to the existing bulkhead which is only 6' to 10' from the foundation pilings of the house and stands approx. 5ft. tall. This has created a tremendous amount of pressure on the failing bulkhead which prevents the removal of the existing bulkhead in order to place a new bulkhead in the some location without a huge potential for the catastrophic failure of the foundation of the dwelling. Due to these conditions, we are requesting, and it is extremely important that the existing bulkhead remain in place and the new bulkhead to be installed 3' waterward of the existing bulkhead even though there are Coastal Wetlands right up to the existing bulkhead. This alignment would also tie into the adjacent existing bulkheads. The loss of approx. 108 sq. ft. (the area underneath the existing platform as well as a 2' wide swath adjacent to it on the north side is void of vegetation) of Coastal Wetlands would have a much less environmental impact than the potential catastrophic failure of the foundation of the dwelling. The DWR pre -filing meeting request has been filled out on the website and a copy of the return email resulting from that submittal is included in this CAMA Major Permit application. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certtoing authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you have any questions. Thank you. RECEIVED JUN 28 202' DCM WILMINGTON, NC (RECEIVED JUL 27 M1 DCM-MHD CITY DWR Pre -Filing Meeting Request Form Contact Name * Debbie Wilson Contact Email Address" debblew75@charter.net Project Owner* Douglas Sarkis Project Name* Sarkis Family, LLC Project County * Brunswick Owner Address: * street Address 7 Golden Drive Address Line 2 City Wheeling Postal / Zip Code 26003 Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Individual Permit Shoreline Stabilization State / Province / Region West Virginia Country USA RECEIVED JUL 27 2021 DCM-MHD CITY 401 Water Quality Certification - Express Modification Does this project have an existing project ID#7 RFcElvrrD Yes No Do you know the name of the staff member you would like to request a meeting with? JUN 2 8 2D7 i Holley Snider DCM WILMINGTON NC Please give a brief project description below and Include location Information. Install new bulkhead 3' waterward of existing failing bulkhead, incorporating 108 sq.ft. of Coastal Wetlands at 408 Cobia Street in Sunset Beach, Brunswick County. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature" o 1r%4-w Submittal Date 6/24/2021 RECE:IVFP JUN 28 >° DCM WIL.MING'fOty tG DECEIVED JUL 27 2021 DCM-MHD CITY 06/15/2000 $860.00 25 COO F441 U" few" T" S 860-00 aninswicel, CA ty--,"jvter of. Domw Robert J - Rubinson B�l, 1383PAV 10" In,t 441446 06/15/2000 03:3.9:34PM R"C*qWD'7 "no. bank and pap Parcel Identifier No....................................... Tax Lot No. ............... .................... ..... ...... . ....... Verified by .... . ............. .................... . .... ..... .. ... County on the -... day of .................. .......... ..' .................... ................... . . I ....... .................... by....... .............. ....... . . . ... .. ... .iffinjily, Spolicy,TbM&plqr" Beach prjwSW Occult Isle B.c.mN.N.C.2.114.6.9 .................... Mail after recording to .... .... I ................. .... - -- ........ - ......... .... - ...... -.1- ....... .. I ........ This Instrument was Prepared by SWft sch, C ?"fill - §2fP.PeNlIPPir SkOxenide Be Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED TH13 DnED made this - -Uth day Of jone ...... ..... . . . by and bctw.an GRANTOR GRANTEE DONALD B. SAFRIT SARKIS FAMILY, I -LC 7 Golden Drive 400 Cobia SVC& WhccIllO& WV 26803-7069 Sunset Basch, NC 28469 gnis, is aproprlate blalk for "Ch Partrt home wehireso, and, U apprwpept"o, essroater of calfty, at. aw,pe.u.. 0, "'inevibly. ,tin shelf include said parties, their heirs, successors, and agaigns, and shall include u r plural, mascallue, feminia or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain. "R and convoy Onto the Grantee in lee simpleTownship, , all that certain lot or panel of land situated in the City Of . - Sunartapach ... - .— - I-Shallotto I - County, North Carolina and more particularly described no WIWI: BEING all of Lot 32. Coal D unending to a map drawn by Gerrit C. Greer, KL.S., Of the Eastern End of Sunset Beach, dated September 9, 197.5 AM fecorded in Map Cobind H. Page 358 of the Register Of floods for the County Of Brunswick, Stale of North Carolina. C 6' RECEIVED TOTAL nLV T RECO --P"km CK JUL 27 2021 CASH --.REF By DCM-MHD CITY RECEIVED JUN 2 8 201" DCM WILMINGTON NC- ".. I -- 0 ...1. "hed ISM IWt g 47446 Book 1363paye: l0ob The property heretaabove described was acquired by Grantor by Instrument recorded In&Nk,P.g7.,Page.l.Q.1:.9ppk.U.S.ti. A map showing the &trove described property is recorded In Plat Hook .......___... H_.............. Few ,,,,_...311...... _. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all prlvileg a and appurtenances thereto belwsing to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is behind of the premises In fee simple, has the right to convey the same to fee simple, that title ie marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title gainrt the lawful claim, of all Peraonb whomsoever except for the exception, hereinafter billed. Title to the property hereinabove described is subject to the following exception,: LV wlrNe9e wnvaor, [E< m.nler h.. e[,[vnle [<t bra sane red [en, t [.rren[e w w lei[ unre.eae Y w [I(w Y w :bvcrwtlues r tlr It, dell .em.[r.r 0111.1..ad ill ud 1. be team. one r euerur sf Ile e . sr pWebn, u. 4r u0 cur mu .. ............. . .................... O . .0 NLJ eCsrpnY qM) B._A _______ ____...___ ____ man......................... N t..._.............. ....... A}gpin t�j ..................................... ..aeeruaa fCanee.b Na) Iqy ..................................... �6iBL9�' yf fJ IRAL ar mown cA um. ............ RUP Wiek_.._.._._. caaar. 1.. "wry saeab a n. CMV and ,bl..Yrwtd, r jr, that __________________________________________________________________________ ---- ..__. Oavaor' a.rw.11y .none be(" dae a.b dq Has ub.bdaaab dareaba aud a Ye ar.aela, le ua.mt wile.. w bead end anml a.sy ar day afY __AC W a ........... ..... )R4p------------ Im rr r.eummn ..Pn.. ..... ._PZ f2.:0 et......._ MONTH CAROLINA............... ._. C.Wly. ha ..w raalk at Y. crucial . W .Yb oe[WY, ..any WI ......................................... +J PwW1Y e.«e b[fe. e. YY uY ced .[YaePINPd Wt .... be b ...................... a a...... ____.Na.Y ealbe aa.PafaWa, nd Wt by wYddw datr given AN, u ❑e act of ae [.rP.alYp. Ye 1a14aldb YrtNm.at m aped Y Its we. by he ............... 15 a ,sleet. ....d .1. Ib e.[r.aN ..a nd Weeks by ... be in .............. w1Yese oY aced ua aft[ W [LnP .r ..4 Yb ------- air, al.. ...... _ ........... __ my aesen.[el1 .awls: RECEIVED "ware sew. STATE OF NORTH CAROUNA —.._. .IUN fib P�LI COUNTY OF BRUNSWICK NANCY K NAGY The Foregoing (or annexed) Catifscate(s) of ILMINGTON, W. Nolary(ies) Public is (Arc) Certified to be Correct. 15th una This Instrument was filed for Registration on this Day of 2000 in the Book and Page shown on the First Page hcreaf. RECEIVEJ) ROBERT J. ROBIIjSON)Reglsler Dads rv.l.tlu wse. P.M. L-1wI9H,a.Yauly/1 rv[.nw Wl: JUG 27 ?r, AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION t Name of Property Owner Requesting Permit: n n_ 0 Mailing Address. 7 16 Phone Number: ,� e)al - a gig1 - 5 7.5-e A Email Address: s A Q V"& DJ ja -s aq hur4 Qom, (VM I certify that I have authorized Debbie Wilson, Agent Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at 't C 0 inb nimmp-bounty. I furthermore certify that 1 am authorized to grant, and do in tact grant permission to Division of Coastal Management stuff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Ownerinformallon: • PHnf or Typo Natile Title Date tI This certification is valid through I 1 N RECEIVED JUN 28 np DCM WILMINGTON NC RECEIVED JUL 27 2021 DCM-MHD CITY 82 r € s 'as@s ❑ ❑ m 013 ggg 5� DOUJ DU � o Y 0 X ai v I MM N id m o E m N Milan to t 0_« rn V ON 10 Z N r�O Cjrrrrre� '- v atu L i— al aI.- « 3 � U C _o O w `=. x '- N annual 0 C2 = I N N p E o Z � m c«p Q li U o. n O I IN ■ ■ 4 ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallploce, or on the front if space permits. 1. Article Addressed to William & Teresa Ferrell 270 N. Palmer Street Ridgeway, SC 29130-7�53 9590 9402 3004 7124 2056 82 7. A.Ilnle Nl,mhnr Rbnafir rn.n sen,,n. ,.e..n 7018 3090 0001 8770 3819 PS Form 3811, July 2015 PSN 7&31) Y-U00-p058 Postal m CERTIFIED MAIL"" RECEIPT Domestic u SUNT T I M Lm VNN fled MalFee le � k ri 06 I]rRawrn Re 1p, p,.eeeaa MRW Mypp'(q Nt ❑ R.I.. n.ca'p, Wilaaa i i all o []CMIMa Mel Neeblreeaeele.ry { 00 j111J tyre ]Ma sq nneaa.e {—t0T00— ee+,e.ewakwea ey{ N PO tl t0.55 p o M Nlll_MINGTON, m O 06/21 /2021 at. o.lege en ra { .15 C3 S Tp, Aw rd ru do C3 m 5 O • { f r (171 w o CERTIFIED MAIL f` .11 Domestic Mail On/y rq ? O 10 o m ��h i o 2. m Cemved Mall Fee $3.60 h l - -i ru s e C3 &VAL ea SFeee lde belec.afM m r rR ❑ne—rv..IN2 CD Pvampn COD C3 IDO ❑MIun,IKWp11Nac, m'�Ic) {� OCMMN M.Y nM4MN erMr { .f r3 Oed„n slwa,+n.wr.e {—.t e 171 LL O ❑ Mull alarnaw amaleaee DeYee{_ T m Pa.taga $0.55 {ea 15 rq { nu QYriSiiii. Y/P:7aA!- -A )(8.33' A. B. A'ecelved by oVnfed Name) I C. Data of Delivery le dolivor�dl�.{d�8{I�r r�rn earn 17 ❑ Ye: If YES, enter de very address below: p No IUN 2 8 P0r11 DGM WILMINGTON, NC ov,vlcn type ❑ PrMty Moll 6xpmss® Adult 6lgnelum ❑ RegletMe i Ml Adult Sgnature Restricted Delivery ❑ geepplele'ed Mall Reelected Cedifled Mai Delhrery Cadmed Mall Restdcted Delivery ❑ Retum Recelpt for West on Dolvery Merchandise Detect on calvary Restloted Delivery ❑ Signature Conflm,eOonTM Imu,ed Mall ❑ Slgnalu,e ConOm,etlan Inwred Mall Restricted Delivery Restricted Delivery Domestic Return Receipt ; 0459 06 Poelmerk b i07 RECEIVED JUL 27 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director SENT VIA EMAIL Debbie Wilson Consulting c/o Debbie Wilson PO Box 16275 Wilmington, NC 28408 NORTH CAROLINA Environmental Quality July 23, 2021 SENT VIA EMAIL RE: CAMA Major Development Permit Application Sarkis Family, LLC c/o Douglas Sarkis Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the replacement of a failing bulkhead located at 408 Cobia St., Sunset Beach, Brunswick County, NC. It was received complete on July 231s, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 60i, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. e If this agency does not render a permit decision within 70 days from July 23 d, 2021 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCOS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. 1�$iyerely, Brendan Brock Field Representative cc: Gregg Bodnar, MHC Town of Sunset Beach WIRO DCM USACOE Holley Snider, DWR Douglas Sarkis, Applicants RECEIVED JUL 27 2021 DCM-MHD CITY Ncnnra: nitro Droa nen; i. .rconmentai QLallt 04 e[ai as:ai\la^agen:ent Mirg cn OF' c 27 C3 dInal :)r e e renson \ re:egttn it Ca::iira?S•t05 \Ttl'1'ICI: e CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to replace 50 linear feet of E u1khparj an average of T waterward of an existing et artHill al is St., aTiacent to a manmade canai -ire Sunset Beach, Brunswick County. APPLICANT. Sarkis Family LLG C/o Douglas A. Sarkis 7 Golden Drive Wheeling, --Aggot. Debbie Wilson (910) 612-0402 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Iv. of Coastal 127 ar Ina r. r-mr. Wilmington, Brendan Brock ROY COOPER Cnvvmor ELIZABETH S. BISER & emry BRAXTON DAVIS D~or. Mao m ofConnal Mnmgemrm July 23, 2021 GanLegPubNotices@ganneff.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Laddie Griffin • Sarkis Family, LLC Hello: Please publish the attached Notice in the Thursday, July 29, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. ••+•+Please send both original affidavit and invoice for payment to: NC Divislon of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. Paying by credit card, (Customer No. 489995). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. incerely, TaVieti a PeSupport & Customer Assistance cc: MHC Files Gregg Bodnar — MHC USACE (RECEIVED JUL 27 2021 DCM-MHD CITY Stare ofNonh Carolina I Environmental Qualily I Coastal Mmagemenl 127 Cardinal Drive Ext., Wilminglon. NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On July 22, 2021, Laddie B. Griffin proposed to replace approx. 63 linear feet of bulkhead with approx. 126 sgft. of associated Coastal Wetland fill at 51 Monroe St., adjacent to a manmade canal in Ocean Isle Beach, Brunswick County; and on July 23, 2021 the Sarkis Family, LLC proposed to replace SO linear feet of bulkhead with approx 108 sgft. of associated Coastal Welland fill at 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Brendan Brock N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 19, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUL 27 2021 UCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: C �2 l Fee: $ 46D CDAITS _ MHC cc _ Applicant:asktS Agent/Contractor: �bhl t, Project Site County: Staff: L.n rla� N14 U District: Wilmington Project Name: rI � Rover File: n/a River Basin: Initial dale of application submittal: _� ._Z U2 Date application 'received as complete' in the Field office: _Z3 ZU2� SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes o I PNA: EJYeWo Photos Taken: Yes ❑ No Setback Required (riparian): DYes Po Critical Habitat: ❑Yes o UNot Sure 15 foot waiver obtained: Yea No Hazard Notification Returned: []Yes No SAV: [-]Yes o ONot Sure Shell Bottom: DYes No EJ Not Temporary Impacts: JNYes ❑No Sure Sandbags: ❑Yes No []Not Sure Did the land use dassification come Mitigation Required (optional): from county LUP: ns ❑No ❑Yes WNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: [--]Yes )qNo ❑NA []Yes PNo❑NA $"r� FT. Shellfish Area Delion: 5' Project Descron: (code) Development Area: (code) Open -o losed 001 AC. SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicornis sp.) wetlands) LJ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgress (Spartina El(SY) Sall reed grass (Spartina emiflora) cynosuroides) (DS) Salt or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) ap.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 U III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major U IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 Ll Express Permit - $2000 acre; 4144 can be applied - $400 LJ Major development extension request- ll.Publicorcommercial/no dredge RECEIVED $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 cre; 4144 can be applied; DCM needs JUL 27 2021 DWQ agreement - $400 Applicant:, a /'S E ,(Ci.S Dale: i e 2.02 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace U , Maint ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance an nce disturbance. Choose One any Y Excludedisturbas Y total incu des Excludes an Y anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts impact amount tempimpacts) amount LM Dredge ❑ Fill Both ❑ Other ❑ ff / (� 8lob Z. SN1,^n[S Dredge ❑ Fill Both ❑ Other ❑ 15 C) uz ' So rf L Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ other ❑ RECEIVE JUL 27 2021 DCM.MHD CITY 919.733.2293::1.888.4RCOA8T:: w vv-nccoastaimananemenl.net revised: 02/26118 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 7/20/2021 Douglas Sarkis same Chase Bank 719425269 $400.00 1 Major Fee, 408 Cobia St, Sunset BB rct. (MO) Beach, BrCo SPUT60/40 14064 Major Permit Fee Schedule Project Nani �U�f (�o�1�h Z County: �/� S�sv� Check No & Amount: `I ( 9LI252(0f4 �' 9 () o na— DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A.B. C, or D below applies. III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additio df $400 60% ($240) 40%($160) review and wntlen DWQ concunen is needed because of concerns rela d to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied. IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED JUL 27 2021 DCM-MHD CITY DCM Coordinator: Gregg Bodnar County: Permit #: I " Y WIRO E-MAIL DISTRIBUTION SHEET Circle on : Bio Re rt / Permit for: �a Vy-1 S ' ol, vVl t Oversize P sent: f DCM Offices: N I Morehead City: PT (if oversize)via Courier 'cc Gregg & Amand up email w arr.app.drawings, deed, comment sheet MHC documen regg 8 Amanda _ Wilmington: Or 'nal hard-c ONLY USACE B DWR (wlro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: der &Carteret Co): PN, CL, Reports, Split Sheet _ use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ reg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet ,J+folleyl;1�01 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: 1/6heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: J1im Harding ✓dike DCM Planner/WiRO: Christenbury Cultural Resources: ,Renee Gledhill -Earley Environmental Review0ricdenroov_ Natural Heritage Prog. Rddney Butler DCA-Rural Eco. Dow vfigark Ziegler NC DOT: 9vid Harris Wildlife Resources: vMana Dunn w/Reports State Property Office: ✓Tfm' Walton: DEED ,We Moser _ )yarlda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: �eeremy Humphrey (Bio) / gtia on Gupton, Admin. _ DEMLR: � tine Hall - Stormwater Section _ Dan Sams - Land Quality Section _ Public Water Supply: eidi Cox _ City of Wilmington:=K2MlTwT"9A= Enforcement: -/ Field Rep:vl- _Co.LPO axle 1)t�I� • RECEIVED Agent: JUL 27 2021 DCM-MHD CITY DISTRIBUTED: ` Updated 5%Q1 CAMA/Shaun majors docs/e'Agency List ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dirermr July 23, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bodnarONCDENR. aov SUBJECT CAMA/D&F Applicant: Sarkis Family, LLC (c/o Douglas Sarkis) Project Location: 408 Cobia St., adjacent to a manmade canal in Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead an average of Slit. waterward of an existing bulkhead, resulting in the filling of approx. 108swR of Coastal Wetlands in the Sunset Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only it the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED JUL 27 Mi DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 RECEIVED JUL 27 2021 DCM-MHD CITY Existing a E m Platform Existing Structures i ,C - Man-made Canal----> 16' Existing Float 10' NLW w 4. 7.5' )7'Existing Bulkhea Marsh w Existiny HW7.5' Platfo* Marsh y 12 m y 0,* * y Existing Sarkis Family, LLC c/o Douglas Sarkis 408 Cobia Street Sunset Beach Brunswick County Drawn By: Debbie Wilson 6/15/21 Scale: 1" = 10' Sheet 2 of 4 I.... C' 'p� 4- Existing Q E CO X tlJ Existing W _ Pier 10' 6'3" William & Teresa Ferrell P t 32' '-- P Marianne & Christina Beamon 410 Cobia Street Existing Dwelling L 406 Cobia Street RECEIVEF, Sunset Breach 10.5' Sarkis Family, LLC 6.5' Sunset Beach c/o Douglas Sarkis JUN 28 408 Cobia Street Sunset Beach DCM WILMINGT .. :C N� Existing rn c X W Existing Proposed Structures *lky _y W *NHW* 8' Wingwall William & Teresa Ferrell P 410 Cobia Street L Sunset Breach RECEIVED JUL 27 2021 DCM-MHD CITY <- - Man-made Canal -r--> Existing Float 1o, CL E m * m y x * 4 Marshy 7 5'Existing Platform 13' ied Bulkhead * *Marsh lk Existing Dwelling Sarkis Family, LLC c/o Douglas Sarkis 408 Cobia Street Sunset Beach E Sarkis Family, LLC c/o Douglas Sarkis 408 Cobia Street Sunset Beach Brunswick County Drawn By: Debbie Wilson 6/16/21 Scale: 1" = 10' Sheet 3of4 1 Existing rn c N x w y Existing y MI-IM Existing Bulkhead 8' Wingwall P Marianne & Christina Beamon L 406 Cobia Street Sunset Beach nECFlV -1 JUN 28 OCM WILMINI^ -' C