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86-22 Palm Cove HOA
Permit Class NEW (BY CRC VARIANCE) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrmft for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-1 18 _X_ Excavation and/or filling pursuant to NCGS 113-229 Permit Number 86-22 Issued to Palm Cove HOA, 904 Calamint Lane, Fayetteville, NC 28305 Authorizing development in Brunswick County at the Palm Cove Subdivision between 1830 — 1848 E. Main St, adi. to Eastern Channel of Jinks Creek, in Sunset Beach, as requested in the petmittee's application dated 7/20/21 (MP- 1) and 7/28/21 (MP-2), incl attached drawings (5), Sheets 1-3 of 5 dated "8/2/21" and Sheets 4-5 of 5 dated 7/20/21. This permit, issued on August 24, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may )e subject to tines, imprisonment or civil action; or may cause the permit to oe nun ano vota. Sandbag Placement 1) In keeping with the Variance (CRC-VR-22-04) granted by the Coastal Resources Commission (CRC) and the attached Variance Order on June 8, 2022, and the Order signed by the CRC Chairman on June 20, 2022, the roadbed elevation (the structure being protected by the sandbags) will be used as the reference elevation and the sandbag structure will not exceed a maximum height of two and a half feet above the road surface. 2) Sandbags used to construct the temporary erosion control structures shall be tan in color and three to five feet wide and seven to fifteen feet long when measured flat. (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 August 24, 2027 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Palm Cove HOA Permit No. 86-22 Page 2 of 2 ADDITIONAL CONDITIONS Note: The configuration of the individual sandbags may vary from that shown on the attached workplan drawings, so long as the dimensions, alignment, and size requirements of Conditions 1 and 2 of this permit are not exceeded. 3) Soldier pilings and other types of devices to anchor the sandbags shall not be allowed. 4) In keeping with 15A NCAC 7H .0308(a)(2)(L) of the rules of the Coastal Resources Commission (CRC) and the Variance Order signed by the CRC Chair on June 20, 2022, if any long-term measures are implemented to address shoreline erosion in the Project Area, any sandbags that are above grade and exceed the maximum structure size limitations as stated in 15A NCAC 7H .0308 must be removed within six months following the completion of any future project. 5) The fill material shall be clean and free of any pollutants except in trace quantities. 6) Unless altered herein, all backfill material shall be obtained from a high ground source and confined 30 feet above the mean high-water level prior to use within sandbags. 7) In order to reduce the potential for impacts on shorebirds and nesting sea turtles, no beach development activities shall be permitted between April I and November 15 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. General 8) 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. 9) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any dredging or mobilization activities. 10) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 11) Prior to the initiation of any development activities authorized by this Permit, the permittee shall obtain all required permits or authorizations from the N.C. Division of Water Resources and copies of all such authorizations shall be provided to the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, to include any authorization required by the U.S. Army Corp of Engineers and The N.C. Division of Water Resources. 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 Coordinator: Wt V Permit #: W Z -I— MAILING DISTRIBUTION SHEET Permittee: 3it.4 (ove- , q0L( Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington y` (OBJECTIONS ) 7cc..a°" US ACOE Offices: 'Dv)4- Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, 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: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry-401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) !�'Nlaria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: _ _.-S61"411If (NCDOT) Travis Wilson ROY COOPER Goyeanor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Palm Cove HOA Cindi Levine 904 Calamint Lane Fayetteville, NC 28305 Dear Ms. Levine: NORTH CAROLINA Environmental Quality December 14, 2021 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to expand an existing 1000'(L) x 20'(W) x 6'(H) sandbag revetment to a size of I000'(L) x 25'(W) x 12'(H) along southern Jinks Creek at Lots 1-10 of the Palm Cove Subdivision, in the Town of Sunset Beach, in Brunswick County. Processing of the application, which was received as complete by the N.C. Division of Coastal Management's Wilmington Office on September 29, 2021, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The subject property is located at Lots 1-10 (1830 —1848) of East Main St, in Sunset Beach, Brunswick County. 2) The proposed project would involve development within the Public Trust, Estuarine Waters, and Ocean Hazard Areas of Environmental Concern (AEC). 3) The proposed project would involve development within the existing and proposed Inlet Hazard AEC boundaries. 4) The proposed project is located along southern Jinks Creek and in proximity to Tubbs Inlet. The surrounding waters are classified as SA, HQW and arc open to shellfish harvest. 5) The proposed project consists of expanding the existing 1000'(L) x 20'(W) x 6'(H) sandbag revetment to I000'(L) x 25'(W) x 12'(H). D _EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 2a557 252.808.2808 December 14, 2021 Page 2 6) All proposed development is landward of the existing sandbag revetment. 7) The project involves the incorporation of 5,000 square feet of upland area. 8) During the joint State and Federal review process, the Division of Marine Fisheries (DMF) and the N.C. Wildlife Resources Commission (WRC) raised concerns related to loss of and impacts to intertidal habitat and how the sandbags will affect the shoreline. 9) The Division of Coastal Management (DCM) field staff recommended denial of the permit based upon the inconsistency with Coastal Resources Commission rules regarding the size of the sandbag revetment. 10) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to construct an oversized sandbag revetment is inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0308 (a)(2)(L), which states in part that "Base width of the temporary erosion control structure shall not exceed 20 feel, and the height shall not exceed six feet. ". Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. I I 3A- 120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of written petition, complying with the requirements of §150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit application denial available to you is to petition the N.C. Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Commission. Applying for a variance requires that you first stipulate that the Division of Coastal Management applied the Rules properly in issuing this denial. You may then request that the Commission vary the rules at issue and show flow you believe your request meets the four criteria found at GS 113A-120.1. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the North Carolina Department of EnvironmentalQualny, I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 December 14, 2021 Page 3 project and the reasons for requesting a variance. The variance request may be filed at any time but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. Information about both a permit appeal in the Office of Administrative Hearings and the Variance process may be obtained by contacting a member of my staff, or by visiting the Division's web page at: http://www.nccoastalmanaaement.net/web/0m/90. Members of my staff are available should you desire assistance in the future. If you have any questions concerning this matter, please contact Mr. Jonathan Howell at Jonathan.I-Iwell@ncdenr.gov. Sincerely, Braxton C. Davis Director, Division of Coastal Management cc: Greg Curry — U.S. Army Corps of Engineers, Wilmington, NC Danny Smith — Director, NC Division of Water Resources, Raleigh, NC Paul Wojoski — NC Division of Water Resources, Raleigh, NC Holley Snider — NC Division of Water Resources, Wilmington, NC Dan Sams - DEMLR, Wilmington, NC Debbie Wilson — Registered Agent (via email) 9�-"2�-1 North Carolina Department of EnvlronmentalQuality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557 252,808.2808 M1 ..D Postal CERTIFIED Domestic Mail s niv W I rmrl ru C3 Cemfletl Mell Fee $ led i�/ry�al Ebra SaNcesa Feas(checkbox,eedlaasappropyte) ReMn Receipt(Taeleopy) i C3❑Returnii—lptlolx lc) i ❑ Certified Mall Reevkted Delivery i POSlolalk C3 C3 ❑Adult Sleneture Required i Here ❑Adult SlgnaWre ReeWctetl OelNay i p Postage S OTote Postage and Fees S D" p S� r-f L Ova S4- et Apt iVo., or �f7 � e ..... M1 0. YU�! ---..-.-.-- ■ 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 mailpiecQ. or on the front if space permits. T. Article Addressed to: =Palm Cove HOA Cindi Levine T4 Calamint Lane Fayetteville, NC 28305 9590 9402 5391 9189 2703 50 7019 0140 0001 0233 7367 PS Form 3811, J0ly 2015 PSN 7530-02-000-9053 A. Signature 0 Agent X �.i' i' 'f ❑ Addis D. Is Delivery address different from ftem 17 u Ts' If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail E%peaSS® 7 Adult Signature ❑ ¢du' Signature ResLisled De1Nery ❑ Registered MallT° ❑ Registeed Mall Restricted CeNfed Mail® ❑ fled Mall Restricted DelNery Delivery ❑ Retum Reaelpt for Itect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confimiatlon ❑ Insured Mail ❑ Signature confinnalion ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt ROY COOPER Govtvnnw ELIZABETH S. BISER secretary BRAXTON DAVIS Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Palm Cove HOA Cindi Levine 904 Calamint Lane Fayetteville, NC 28305 Dear Ms. Levine: NORTH CAROLINA Environmental Quality December 14, 2021 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to expand an existing 1000'(L) x 20'(W) x 6'(H) sandbag revetment to a size of I000'(L) x 25'(W) x 12'(H) along southern Jinks Creek at Lots 1-10 of the Palm Cove Subdivision, in the Town of Sunset Beach, in Brunswick County. Processing of the application, which was received as complete by the N.C. Division of Coastal Management's Wilmington Office on September 29, 2021, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The subject property is located at Lots 1-10 (1830 —1848) of East Main St, in Sunset Beach, Brunswick County. 2) The proposed project would involve development within the Public Trust, Estuarine Waters, and Ocean Hazard Areas of Environmental Concern (AEC). 3) The proposed project would involve development within the existing and proposed Inlet Hazard AEC boundaries. 4) The proposed project is located along southern Jinks Creek and in proximity to Tubbs Inlet. The surrounding waters are classified as SA, HQW and are open to shellfish harvest. 5) The proposed project consists of expanding the existing 1000'(L) x 20'(W) x 6'(H) sandbag revetment to 1000'(L) x 25'(W) x IT(H). North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 o.+n 252.8082808 December 14, 2021 Page 2 6) All proposed development is landward of the existing sandbag revetment. 7) The project involves the incorporation of 5,000 square feet of upland area. 8) During the joint State and Federal review process, the Division of Marine Fisheries (DMF) and the N.C. Wildlife Resources Commission (WRC) raised concerns related to loss of and impacts to intertidal habitat and how the sandbags will affect the shoreline. 9) The Division of Coastal Management (DCM) field staff recommended denial of the permit based upon the inconsistency with Coastal Resources Commission rules regarding the size of the sandbag revetment. 10) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to construct an oversized sandbag revetment is inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0308 (a)(2)(L), which states in part that "Base width of the temporary erosion control structure shall not exceed 20 feet, and the height shall not exceed six feet.". Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. I I 3A- I 20(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or local land use plans. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of §l 50B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit application denial available to you is to petition the N.C. Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Commission. Applying for a variance requires that you first stipulate that the Division of Coastal Management applied the Rules properly in issuing this denial. You may then request that the Commission vary the rules at issue and show how you believe your request meets the four criteria found at GS 113A-120.1. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the „ D Q� rrw North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557 252.808.2808 December 14, 2021 Page 3 project and the reasons for requesting a variance. The variance request may be filed at any time but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. Information about both a permit appeal in the Office of Administrative Hearings and the Variance process may be obtained by contacting a member of my staff, or by visiting the Division's web page at: http://www.nccoastalmanagement.net/web/cni/90. Members of my staff are available should you desire assistance in the future. If you have any questions concerning this matter, please contact Mr. Jonathan Howell at Jonathan.Howell@ncdenr.gov. Sincerely, Braxton C. Davis Director, Division of Coastal Management cc: Greg Curry — U.S. Army Corps of Engineers, Wilmington, NC Danny Smith — Director, NC Division of Water Resources, Raleigh, NC Paul Wojoski —NC Division of Water Resources, Raleigh, NC Holley Snider — NC Division of Water Resources, Wilmington, NC Dan Sams - DEMLR, Wilmington, NC Debbie Wilson — Registered Agent (via email) D_EQ� North Carolina Department of Environmental Quality I Divhlon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252808.2808 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New —V Major Mod Permit# Permit Coordinator: Field Representative: Date Time 9Io*%nJpnO� ii/(LILI �SDrc-�-f' �1ur JZ✓��a�J J141 1 wfGc� Minor Mod Renewal Transfer Message' ,, � USPS TRACMG # Flrst-Class Mall 111 111111 II 280 USPSge &Foes Pald Permit No. G•10 9590 9402 5391 9189 2703 50 United States 1 • Sender; Please print your name, address, and ZIP+40 in this box* Postal Service } jN U NC Division o: Coastal Management e p 400 Commerce Avenue LL CU 2 envQ�iey:ar Morehead City NC 28557 w ULLJ � " 0 'III'll'IIII, III, II"'II'I"'IIIIIIIil111i111I1I'1'II'IIIIII'l1I' ■ 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 mailpiece, or on the front If space permits. 1 1. Article Addressed to: Palm Cove HCA — Cindi Levine -W4 Calamint Lane Fayetteville, NC 28305 III IIII'I I'll I'lllllllllllllllllI l lllII III 9590 9402 5391 9189 2703 50 17019 0140 0001 0233 7367 PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Agent D. is &Wery address different from Item 1 Yes If YES, enter delivery address below: p No 3. Service Type ❑ Prodry Mall Express® ❑ Adult Signature ❑ Registered Maul- ❑ gduk Signature Restricted Delivery ❑ Repisterad Mall Restricted Certlee0 Mail® Delivery ❑ Cptleed Melt ReeWcied Delivery ❑ Retum Receipt fbr Iled On Delivery Merchandise ❑ Collwl on Delivery Restricted Delivery 0 Signature Confirmation" ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mall Restricted Delivery Restdcted Delivery Domestic Return Receipt y Certified Mail service provides the following benefits: •A receipt(ihis portion of the removed Mall ltlsel__ fgr an electronic retumreceipt sae aretal • A unique identifier for your reminisce. associate for assistance. 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However, the purchase (not available at retail. of CerHed Mail service data not change the • To ensure that your Certified Mall receipt is Impasse coverage automatically included with accepted as legal proof of mailing, it should beara certain Priority Mal items. USPS postmark If you would like a postmark on • For an additional ice, and with a proper this Certified Mail receipt, please present your endorsement on the mallpiece, you may request Certified Mal dam at a Post Office -far Me following services: poshnarking. R you don't need a postmark on this -Return receipt service, which impress a record Certified Mail receipt, detach the barcoded portion of delivery(including the recipients signature). of this label, off. R to the raw lonce , apply Youran requestaftamopyretUrn menytoran appropriate postage, and deposltthe mallplece. electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Realm Receipt attach PS Form 3811 to your malpiece; IMPORTW. saw Ws reeept for Your records. Ps Form 3800, Apet me (t>.) PSN>5a002dOOio4'/ U.S. Postal Servicer" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our websitc at uvtvwasps. col . m m ti c "led LJ Saturn Racalpt glaNfApy) $ ❑Return Recelpt(ele "I") $ POstRlOrl( ElCenifiW Mail Rast intarl [)ell 6 Here O O ❑Adult Signature RegoiraC $ CAdua Signature Resttlgdd mi ay $ G Postage 7 Total Postage and Fees IG It Q- S;14r nn ejjNr,,�� mow$ SYI/. M1 From: Luck, Cameron A To: MacPherson. Tara: Brock. Brendan O PietiIa. Tanya K Cc: Bodnar. Greaa Subject: FW: Palm Cove HOA V4 Date: Tuesday, December 14, 2021 3:40:00 PM Attachments: Palm Cove.odf imaae001.ana Hey everyone, Gregg asked me to forward this to you. It is being mailed out today. Best, Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252 808 2808 ex.228 - office Cameron. Luck(dncdenr. aov 400 Commerce Avenue Morehead City, NC 28557 hftp,//portal.ncdenr.org/w2eb/cm/`dcm-home Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Sent: Tuesday, December 14, 2021 3:34 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: RE: Palm Cove HOA V4 From: Howell, Jonathan <jonathan.howell(@ncdenr.eov> Sent: Tuesday, December 14, 2021 11:56 AM To: Davis, Braxton C <Braxton.Davis(bNCDENR.GOV> Subject: Palm Cove HOA V4 From: MacPherson. Tara To: Bodnar. Greaa Subject: FW: RE: Palm Cove Date: Wednesday, December 15, 2021 9:09:06 AM Attachments: Palm Cove.odf Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara macoherson ncdenr.aov 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: MacPherson, Tara Sent: Tuesday, December 14, 2021 3:46 PM To: debbiew75 <debbiew75@charter. net> Subject: RE: Palm Cove FYI- going out today. Have a great trip! Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson ncdenr.aov 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. DIVISION OF COASTAL. MANAGEMENT APPLICATION TRANSMITTAL. AND PROCESSING RECORD APPLICANT: Palm Cove HOA (do Debbie Wilson) COUNTY: Brunswick PROJECTNAME: Palm Cove Sandbag Revelment LOCATION OF PROJECT: 1830-1848 E. Main St, adj. to Eastern Channel of Jinks Creek, Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-29-21 PREFILE DATE: n/a FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: hwkk —"vpl PUBLIC NOTICE REC'D: 10-4-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-13-21 MAIL OUT DATE: 9-29-21 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON,, N I— LU o C) > m p FEE REC'D: S400 (60140)#1056 W x w � ' Ir in U END OF NOTICE DATE: 10-25-21 p DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-25-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep 'It' tt DCM — LUP Consistency Determination u f L( 1 L S Local Permit Officer Corps of Engineers — Regulatory Branch to t?�tt I I A� tv ri sc+i c1l DWR-401 Section 't�IL�Li rb� DWR— Public Water Supply 4(3D Lt >e DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office t t ( Z I V Wildlife Resources Commission L�itr(u r DMF — Shellfish Section to�( DMF — Habitat & Enhancement io�2v yI (JCw{5 g� d. ON I c DNCR — Archives & History tV DNCR —Natural Heritage Program NCDOT NC Dept of Commerce jo Z Recommendations for State Permit - Palm Cove HOA - Oversized Sandbag Revetment As proposed, this project is INCONSISTENT with 15A NCAC 07H .0308 (a)(2)(B) (E)&(L) Temporary Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the project as proposed and any request for a favorable permit decision should be DENIED. The basis for this determination is referenced below, as specified in accordance with current Rules adopted and administered by the Coastal Resources Commission. It should be noted that the actively eroding shoreline is threatening access for emergency services on the only access road in the Palm Cove Subdivision. Additionally, the lengthy Major Permit review process and strict CRC Variance deadlines may further delay shoreline stabilization. Therefore, DCM staff requests an expedited Major permit review process, if possible. The proposal is in conflict with: 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a)(2) Temporary Erosion Control Structures (E) Temporary erosion control structures shall not extend more than 20 feet past the sides of the structure to be protected. The landward side of such temporary erosion control structures shall not be located more than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the structure being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control structures shall be determined by the Director of the Division of Coastal Management or their designee in accordance with Part (2XA) of this Subparagraph. (L) Sandbags used to construct temporary erosion control structures shall be tan in color and three to five feet wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed 20 feet, and the height shall not exceed six feet. RECEIVED SEP 29 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 29, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality RECEIVED SEP 3 0 2021 Vom SECTION MHD FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(). NCDEN R.gov SUBJECT: CAMA /D&F Applicant: Palm Cove HOA Project Location: 11830-1848 E Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sgft. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25, 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 Mark Brown AGENCY SIGNATURE Public Water S DATE 9-30-21 RECEIVED 5EP 3 0,1011 -L. jn� MP SECTION D_E North Carolina Department of Environmental Quality I Division of'CoaGstal Md09ge ,,QITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 M1CAI-'%W 'M � umwm�u1 910.796.7215 ROY COOPER Govemor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 29, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier11-12-09) cameron.luck(5NCDEN R.cov SUBJECT: CAMA /D&F Applicant: Palm Cove HOA Project Location: 11830-1846 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sgff. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25, 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 /K � P c < I -- ✓^ AGENCY NC U eP D IVI (rGl J�-YC.e SIGNATURE rn � DATE q, ,g4 / 2��� �''0.ECEI tt E® SEP 3 0 2021 ADE�� North Wimigtnlina officeP1127 Cardinal DrleExtensnt of Environmental one It MA�.Nrt,CarounaZu405t--' D i;i�m+m� /'� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 29, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron. luck(a)NCDEN R.gov SUBJECT: CAMA/D&F Applicant: Palm Cove HOA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment totaling approximately 25,000 sgft. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 24, 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. Shannon Jenkins PRINT NAME AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE %xa.uu4a>y for Shannon Jenkins DATE wa+mrrva iw� E Qr�� m,.uo.emunuu..,womn\ 10/4/21 pECEIVE® OCT 5 2021 North Carolina Department of Environmental Quality I Divlsi kif Coa egg en Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 9/29/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON,DAVIS Director September 29, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality ER 21-2232 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck cDNCDENR.gov SUBJECT: CAMA/D&F Applicant: Palm Cove HOA Due: 10/8/2021 10/11 /2021 No comment — SBA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 sqft. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint ontheproposed project and return this form to Cameron Luck at the address above by October 25,_20211 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 Historic Preservation Office (e- ,,vim _ SIGNATURE D... ATE 10/12/2021 RECEIVED OCT 1 2 2021 ux North Carolina Department of Environmental Quality I Divisio pst grrr 0 N t y t�J Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 V==M wrow� ��!ll��� 910.796.7215 Bodnar, Greg From: Luck, Cameron A Sent: Wednesday, October 27, 2021 11:59 AM To: Bodnar, Gregg Subject: FW: [External] SAW 2020-00713 Palm Cove -Tubbs Inlet Sandbag Addition Placement Attachments: pal mcovehoa.bio.narrative.app.drawings.pdf; Revised Drawing Approx. Beach Profile.pdf Cameron Luck Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.228 - office Cameron. Luck(ftcdenr.aov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Currey, Gregory E CIV USARMY CESAD (USA)<Gregory.E.Currey@usace.army.mil> Sent: Wednesday, October 27, 2021 11:25 AM To: nurselefty2002@mac.com Cc: debbiew75@charter.net; kathryn_matthews@fws.gov; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Brock, Brendan O <brendan.brock@ncdenr.gov>; Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: [External] SAW 2020-00713 Palm Cove -Tubbs Inlet Sandbag Addition Placement CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Ms. Levine & Palm Cove HOA, the additional sandbag placement you propose would be located above the Mean High Water Line of Jinks Creek and Tubbs Inlet, thus the Corps of Engineers does not have jurisdiction of this area and the proposed work. No permit is required for this proposal from the Army Corps of Engineers. Let me know if you have questions. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 29, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a) NCDENR.gov SUBJECT: CAMA/D&F Applicant: Palm Cove HOA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment totaling approximately 25, 000 sqR. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25,.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. X 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 Klmberlee Harding AGENCY NCDMF SIGNATURE KL6 YY bATE 10/25/2021 OCT 2 6 2021 6 mRE-` North McHD North Carolina Department ofEnvironen[al Quality � Division of Coas[al tvnage wdmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.72I5 ISIDI35 Eel t7V117i1SA ROY COOPER Goven MICHAEL S. REGAN Secretary STEPHEN W. MURPHEY Director RECEIVED TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist OCT ? Mil SUBJECT: Palm Cove HOA, Sandbag revetment, Sunset Beach, Brunswick County. DATE: October 25, 2021 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 sq. ft., to protect an imminently threatened right-of-way and access road adjacent to the Eastern Channel of Jinks Creek on the east end of Sunset Beach. As proposed, the sandbag revetment would adjoin, or abut, the landward side of the existing sandbag revetment located along the project area's shoreline adjacent to the Eastern Channel of Jinks Creek. As designed, the sandbag revetment would consist of multiple bag layers, increasing the base width to 25ft. and the crest height to 12ft. above MHW, bringing the height of the sandbags above the elevation of the road. The proposed project is located on 1830 to 1848 (Lots 1 thru 10) E. Main Street on Sunset Beach adjacent to Eastern Channel and the Atlantic Ocean, in Brunswick County, North Carolina. The waters of Blane Creek 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 and are open to the harvest of shellfish. Existing sandbag revetment were installed to prevent erosion along the only access road to the HOA member's properties. The current permits were authorized on 2/13/202 and additional GPs were granted to continue efforts to prevent erosion of the shoreline on 2/28/2020 and 4/22/2020. Sandbag revetments are permitted as temporary structures. The placement of a shore -parallel, hardened structure like a large sandbag revetment on an eroding shoreline has a likelihood of resulting in significant loss of intertidal habitat. Erosive processes could undermine the structure itself, resulting in failure of the structure and damage to associated infrastructure, which could further degrade the habitat. A significant portion of the adjacent habitat along Jinks Creek is scheduled to be dredged during October or November 2021. The channel has not been dredged since 2005 and it is unknown how opening Jinks Creeks flow will affect this already dynamic shoreline. It is recommended the Palm Cove attempt to understand how the scheduled channel dredge will affect their shoreline by seeking out advisement from a engineer that can model those effects before more shoreline alteration is performed. Allowing a structure such as the one in question at a major inlet to remain in place for the extended period of time is likely to impact to habitats critical to fish and shellfish. Long term impacts include the direct loss of habitat that is currently usurped by the structure, and the degradation of the surrounding habitat caused by the structure's interference with normal coastal processes. In addition, allowing the structure to remain in place for the extended period of time increases the potential for the structures to become fixed, increasing habitat impacts during the future removal event. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Hardin¢@ncdenr.gov with further questions or concerns. RECEIVED OCT 2 6 2021 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quatdty September 29, 2021 c.it.ln.bl.o2 MEMORANDUM FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron lucka,NCOENR Qov SUBJECT: CAMA/D&F Applicant: Palm. Cove HOA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sgft. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October' 25,,.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. This agency approves of the project only Irthe recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M�nZ 1.�unn AGENCY, NL-t—IP.0 SIGNATURE �II 1� DATE ;fir p 4 e t�•�i � ova i — S-20-21 RElmCEa tit ED OCT 2 6 2021 North Carolina Department of Environmental Quality I Divisionof ch'i' 1�1aSgo��mCi TION MHO Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 bid" N' ii 7.-P 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Direcer NORTH CAROLINA Environmental Quality September 29, 2021 . -2-L . tp. l� 1. c)'2. MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck NCDENR. ov SUBJECT: CAMA /D&F Applicant: Palm Cove HOA Project Location: 11830-1846 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sgft. to protect an imminently threatened right -of way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25, 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, 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 I . �U�n n AGENCY N C-v-,1 P. L SIGNATURE DATE Ucusrtment �eEmaa„na„m a,,.uk1 /�� North Carolina Department of Environmental Quality f Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 4._ North Carolina Wildlife Resources Commission fl Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: October 25, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Palm Cove HOA, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 11830- 1848 E Main St, adjacent to the Eastern Channel of Jinks Creek in Sunset Beach within the Tubbs Inlet complex. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 1 13A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended- 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). Palm Cove HOA proposes to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 ftz, to protect an imminently threatened right-of-way (ROW) and access road to the Palm Cove subdivision. Existing site conditions include a 6' by 20' by 100' sandbag revetment- This revetment was permitted through the CAMA General Permit process without resource agency consultation in February with a modification in February and April to allow backfill to restore the ROW. Various exemptions were received to repair the sandbag structures as they tear and fall out of the permitted footprint. Currently the applicant proposes to adjoin the landward side of the existing sandbag revetment. Multiple bag layers would increase the base width to 25' and crest height to 12' above MHW, bring the height of the bags above the elevation of the road. Traditional sandbags would be stacked approximately 1000' along the shoreline to achieve the +12' MHW height, stair stepping waterward, terminating above MHW along the Eastern Channel of Tubbs Inlet. Upon completion, sandbags would be covered with beach compatible material and planted in American Beach Grass. All work proposed is above the MHW, though turbidity from fine sands is expected during sandbag fill from an upland source. Mailing Address: Habitat Conservation - 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 The waters of Eastern Channel are classified SA by the Environmental Management Commission and are open to shellfish harvesting. Inlet complexes are dynamic environments. Development in these areas may in time, or after large storm events, jeopardize permanent structures. These complexes also provide valuable wildlife habitat opportunities for a large variety of waterbirds, shorebirds, and sea turtles. This area of Brunswick County is currently under review to be designated as critical habitat for rufa red knot (Calidris canutus nifi), a bird subspecies listed as threatened under the Endangered Species Act. Conservation measures in these areas are important to ensure the continued improvement of the population. The NCWRC has reviewed the proposal and is concerned with the expansion of the sandbag revetment size and the more permanent aspect the structure would assume. We understand the use of sandbags to protect immanently threatened structures, but do not view sandbag revetinents as long-tenn solutions to control erosion issues along ocean shorelines and inlet complexes. Removal of the bags or reduction in the size of the structure should occur if other shoreline protection measures are implemented. A significant area of Jinks Creek is permitted and is scheduled to be dredged soon. If this permitted project allows the channel to wag away from the compromised ROW and road, removal of the sandbags would be requested to minimize long-term impacts to important habitat areas. The covering of the bags with beach compatible material and planted grasses causes the temporary sandbag structure to be more permanent. This hardened area likely would no longer be considered as suitable wildlife habitat even after shoreline recovery. Consideration should also be given to the elevated sandbag revetment and potential storm water retention and erosional effects on adjacent properties. It did not appear from information within the application package that an engineered design was provided that considered the effects of the upcoming navigation project or any other general modeling scenarios. If it is determined the existing sandbag revetment will be modified, the NCWRC would like to state our comments for sandbag installations. • The NCWRC generally requests an April l November 15 moratorium for beach development activities to minimize impacts to nesting shorebird and sea turtle habitats. It is understood the structure is threatened and work may be requested to begin prior to the end of sea turtle nesting season. If this is allowed, all work should be conducted only during daylight hours. Disturbance should be contained within the immediate project area. This includes staging of materials and use of the area by heavy equipment. • Only beach compatible material should be used to fill sandbags. Obtaining beach compatible material from an upland source reduces impacts to aquatic resources within the intertidal and subtidal areas of Jinks Creek and Tubbs Inlet, • Removal of any dilapidated sandbags or pieces of sandbags should be done if they become compromised, tom, or are otherwise not serving their intended purpose. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn&ewildl ife.or MEMO To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application; Palm Cove, HOA, Sunset Beach, Brunswick County Date: November 2, 2021 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 sq. ft. to protect in imminently. threatened right- of-way and access road adjacent to the Eastern Channel of Jinks Creek on the east end of Sunset Beach, Brunswick County. Areas of Environmental Concern (AFC's) impacted by the proposal are IH and PTA. Waters at the project site are classified as SA; HQW and are 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 as CR-1. In general, the Town of Sunset Beach allows development in C-1 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 RECEIVED NOV 2 2021 RAP SECTION MIAD ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Daector September 29, 2021 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(@NCDEN R.gov SUBJECT: CAMA/D&F Applicant: Palm Cove HOA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel ofJinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sqR. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25, 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 office , . `State Property SIGNATURE W gfe — aA-'� DATE November 1.2021 RECEIVED NOV 01 421 D EQ North Carolina Department P SECTION :�.V p Quality I DIVlslon afC na���� �' OI.� :�/'� NNmington Ofnce 1 IZ7 Cardinal Drive EMemlon I Wilmington, Nort Carolina 2840 °vim 9I11796.72I5 From: Snider. Holley To: Bodnar. Grego; Currey. Gregory E CN USARMY CESAD (US& Dunn. Maria T.; Harding. Kimberlee k Cc: Luck, Cameron A Subject: RE: LAMA Major Application: Palm Cove HOA (Expedited Review Requested) Date: Friday, November 19, 2021 1:56:43 PM Attachments: 0maoe003.ono Good afternoon Ali, As proposed, all work is to be conducted landward of mean high water. Additionally, clean sand from an upland source will be utilized to complete construction. Based on the proposed location and scope of work, no 401 approval is required from the DWR. Should the scope of work change to include impacts to water resources, DWR review and authorization will be required. Any future development proposals or modification requests should reference DWR project #20052230. Please feel free to call or email me if you have any additional questions. Sincerely, Holley Snider . '<((((e>. ... Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 . D E Q6 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: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, October 22, 20218:27 AM To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; Snider, Holley <holley.snider@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Subject: FW: CAMA Major Application: Palm Cove HOA (Expedited Review Requested) Hey all, I wanted to send a addendum to this one. I will be processing this project instead of Cameron. But as proposed this is inconsistent with CRC rule for temporary structures within the OH AEC. That being said, the road is imminently threatened and any potential variance review is therefore time sensitive. So if you can provide any comments asap it would be very helpful. Thanks as always and give me a call if you have any questions, From: Pietila, Tanya K <tanya.pietila(@ncdenr.gov> Sent: Wednesday, September 29, 2021 2:13 PM To: WilmingtonNCREG <WilmingtonNCREG(@usace.army mil>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory E.Currev(@usace army mil>; Snider, Holley <holley.snider(@ncdenr.F_ov>; Perry, John M <JOhn.Perry(@ncdenr gov>; Montalvo, Sheri A <sheri.montalvo(@ncdenr.Ro > Cc: Luck, Cameron A <Cameron.Luck(@ncdenr gov>; Bodnar, Gregg <gregg.bodnar a(�ncdenr.eov>; Brock, Brendan 0 <brendan.brock(ancdenr eov>; SVC_DCM.MHC.Admins <DCM.MHC Admins(@ncdenr eov> Subject: CAMA Major Application: Palm Cove HCA (Expedited Review Requested) Hello All! PLEASE NOTE: The Applicant has requested expedited review due to imminent erodibility due to ocean current. Please accept this correspondence as the official distribution of CANLA application from Palm Cove HOA for development in Sunset Beach, Brunswick County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. �.^Please complete the bottom pdingn of th'e comment sheet with your information RETURN'TO,CAIVIERON LUCRafcameron.lu'ckacdetur:eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Cameron Luck at camerdnajncden�.goy or gjl 2808 ext. 228. Thank you! Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.Pieti la C@ncdenr.gov XGNothing Compares..,,., E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Palm Cove HOA c/o Cyndi Levine 2. LOCATION OF PROJECT SITE: Site is located between 1830 —1848 E. Main St, within the Palm Cove Subdivision, adjacent to the Eastern Channel of Anks Creek in Sunset Beach, Brunswick County. Coordinates: Latitude N 33°52'22.53' Longitude W 78029'14.61" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/15/2021 Was Applicant Present — No 5 PROCESSING PROCEDURE: Application Received — 9-13-2021 Application Complete — 9-29-2021 Pre -Filing Date — 8/9/2021 30-Day Pre -Filing Deadline — 8/9/2021 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP — Mainland Residential CR-1 (B) AEC(s) Involved: PTA, IH (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Sewer Planned - N/A (F) Type of Structures: Existing - sandbag revetment, rock revetment, private docking facilities, private road, residential structures, and community access - HABITAT DESCRIPTION: ways Planned - Oversized sandbag revetment [AREA] DREDGED FILLED OTHER N/A N/A 5,000 sq. ft. (A) Uplands (Sandbags placed landward of NH (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A N/A N/A (D) Total Area Disturbed: (E) Primary Nursery Area (F) Water Classification: 5,000 sq. ft. (.11 acres) No SA; HQW Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 sq. ft., to protect an imminently threatened right-of-way and access road adjacent to the Eastern Channel of Jinks Creek on the east end of Sunset Beach. RECEIVED SEP 29 2021 DCM-MHD CITY Palm Cove HOA - Oversized Sandbag Revetment September 29, 2021 9. PROJECT DESCRIPTION The proposed project site is located is located in the Palm Cove Subdivision between 1830 —1848 E. Main St, adjacent to the Eastern Channel of Anks Creek in Sunset Beach, Brunswick County. 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 E. Main St. and continue to the end where a gate will mark the entrance of Palm Cove Subdivision. The project site will consist of Lots 1-10 in the Palm Cove Subdivision. The project area would span across Lots 1-10 in the Palm Cove subdivision, located at the eastern tip of Sunset Beach. Each of the 10 lots are individually owned, measuring approximately 1-acre per lot with approximately 100 linear feet of shoreline. The project site is bordered by the Eastern Channel of Jinks Creek to the north, Tubbs Inlet to the east, the Atlantic Ocean to the south, and residential lots to the west. The high ground portion of the property is stabilized by a mix of natural and planted vegetation. Species include Salt Meadow Hay (Spartina patens), Sea Oats (Uniola pankulata), American Beachgrass (Ammophila breviligulata), American Marsh-pennywort (Hydrocoytle americana) and planted ornamental vegetation. No Coastal Wetlands were observed within the limits of the proposed project area. The Estuarine Shoreline and Ocean Erodible Area splits approximately halfway across Lot 1 as evidence by an existing private docking facility and a partial riprap revetment. The current elevation of the project area ranges from 4ft-1Oft. above Mean High Water (MHW) according to the applicant. The annual erosion rate on the oceanward side of the project area is +3.5ft./year per the Division of Coastal Management's 2020 Annual Erosion Rate maps. Official shoreline erosion rates on the soundside of the project area have not been determined but satellite imagery shows the pace of soundside erosion has increased with recent major hurricanes including Florence, Dorian, and Isaias. The entire project area is located within the Inlet Hazard Area. Existing site conditions include a sandbag revetment measuring approximately 6ft. in height by 20ft. in width by 1000ft. in length running east to west along the Eastern Channel. The landward edge of the existing sandbag revetment follows the erosion escarpment except in areas where the right-of-way (ROW) had been compromised and had to be rebuilt to protect the only access road. Depending on the location, the waterward side of the existing sandbag revetment ranges from at NHW to -5ft. NHW. The sandbags were permitted to protect the eroded ROW in order to repair the roadway that was also impacted by accelerated erosion. Due to time constraints associated with the CAMA Major Permit process, the existing sandbags were authorized under 10 separate CAMA General Permits (GP#76201 D - #7621 OD) on 2-13-2020. Minor permits SB#20-03 and SB#20-04 were issued to backfill sandbags and restore the ROW on 2-28-2020 and 4-22-2020, respectively. Re -issued CAMA General Permits (GP#75848D - #758500) were authorized for emergency sandbags on Lots 1-3 on 4-8-2020. Various exemptions have been issued to repair the existing sandbag structures as sandbags become tom or fall out of the authorized footprint. The sandbag removal forms state that the existing temporary sandbag revetment will need to be removed or covered and vegetated by 2028. Additional shoreline stabilization exists within the project area. Approximately 83111. of shoreline on Lot 1 exhibits estuarine shoreline characteristics and is stabilized by a riprap revetment. No permit history can be found for the riprap revetment or the docking facility associated with Lot 1, but aerial imagery shows they existed back to 2005. An exemption for riprap repair was issued on 2-13-2020. The existing 9-slip community docking facility was granted a variance by the CRC on 10-22-2014. The waters of the Eastern Channel 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 OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the September 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) or live oyster beds in the surrounding waters. According to the applicant, tidal amplitude in the project area is approximately 5ft. between MLW and MHW. RECEIVED SEP 29 2021 DCM-MHD CITY Palm Cove HOA • Oversized Sandbag Revetment September 29, 2021 Pane 3 PROPOSED PROJECT The applicant is proposing to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25,000 sq. ft„ to protect an imminently threatened right-of-way and access road adjacent to the Eastern Channel of Jinks Creek on the east end of Sunset Beach. As proposed, the sandbag revetment would adjoin, or abut, the landward side of the existing sandbag revetment located along the project area's shoreline adjacent to the Eastern Channel of Jinks Creek. As designed, the sandbag revetment would consist of multiple bag layers, increasing the base width to 25ft. and the crest height to 12ft. above MHW, bringing the height of the sandbags above the elevation of the road. As described in the application's cross section (sheet 5 of 5), traditional sandbags (i.e. each tan in color, 51111. in width and 10ft.- 15ft. in length) would be installed along approximately 1000 linear feet of shoreline. The proposed sandbags would be stacked landward and atop the existing sandbag revetment. Once complete, the sandbags would extend an additional 5ft. landward in a stair -stepped arrangement, for a total base width of approximately 25ft. The total footprint of the sandbag revetment would increase from approximately 20,000 sq. ft. to approximately 25,000 sq. ft. The proposed sandbag revetment would increase the existing vertical dimension of the sandbags to a proposed height of approximately 12ft, above MHW (sheet 5 of 5). As proposed, a single layer of sandbags would be placed adjacent to the lowest landward existing bags, alternating between parallel and perpendicular orientation as they are stacked vertically (sheet 5 of 5). Once the proposed height of 1211t. above MHW is achieved, the revetment would then stair step waterward, terminating above MHW along the Eastern Channel of Tubbs Inlet. The sandbags would be placed atop existing backfill and actively eroding dune vegetation that was previously planted to stabilize the authorized fill. According to the application, a scour apron would be laid below the sandbags and span the entire length of the project. The applicant has accounted for approximately 5,0000 sq. ft. of impacts above the approximate MHW line, however, these numbers will likely change again prior to initiation of the project due to the continuing shoreline erosion. According to the application package, the applicant intends to fill the sandbags with clean beach compatible material trucked in from an approved upland source. An updated letter of agreement from the owner of the sandpit will be included in the project file. As proposed, the applicant would store the trucked -in sand a minimum of 30ft. from high water and use a submersible pump to pump water out of the Eastern Channel to assist with fillings the sandbags. Prior to the placement of sandbags, a skid steer would be used to shape the profile of the proposed revetment area. 10. ANTICIPATED IMPACTS The proposed sandbags would incorporate approximately 5,000 sq. ft. of high ground area above MHW that is also proposed to be disturbed by a skid steer to shape the profile of the revetment prior to sandbag placement. During the shaping process, disturbance of natural and planted dune vegetation should be expected. Once completed, the applicant has proposed to cover the sandbags with beach compatible material and replant American Beach Grass (Ammophila brevilfgulata) to help stabilize the soil. Although the entire work area is above MHW, temporary impacts including increased turbidity can be expected as fine sands are pumped into the sandbags. Submitted by: Brendan Brock Date: September 29, 2021 Office: Wilmington RECEIVED SEP 2 9 2021 DCM-MHD CITY Narrative As the acting agent for the Palm Cove HOA, I am submitting the enclosed CAMA Major Permit Application to add additional sandbags to the existing sandbag structure located at 1830 to 1848 (Lots 1 thru 10) E. Main Street on Sunset Beach adjacent to Eastern Channel and the Atlantic Ocean, in Brunswick County, North Carolina. As proposed, the additional sandbags will be added to the top of and landward of the existing sandbag structure, which was permitted under ten separate CAMA General Permits, each issued to the individual lot owners on 2/13/20. The majority of the 20' wide by approx. 1,000' long existing structure has continued to experience ongoing erosion from high tides and storm tides over washing the existing sandbags which has resulted in erosion on the landward side of the sandbags and at times washing out sections of the existing road, especially the eastern portion, which is the only access to the 10 lots. As proposed, the enlarged sandbag revetment will measure a total of 25' wide with the additional 5' in width being on the landward side of the existing sandbags and at least 2 additional layers of sandbags will be added to the existing structure resulting in the overall height being increased from 6' in height to an elevation of 12' above Mean High Water bringing the height of the sandbags above the elevation of the road which continues to be imminently threatened. All sand which will be used to fill the sandbags will be trucked in from an upland source and a submersible pump will be used to pump water from Eastern Channel to assist in the sand filling of the sandbags. Once installed, the sandbags will be covered with beach compatible sand and planted with American Beach Grass. The property owners are aware that sandbags are to be used as a temporary measure to control erosion while they explore a more permanent solution such as but not limited to possibly relocating the adjacent channel. 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. And approx. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of tim RECEIVED Please feel free to contact me if you have any questions. Thank you. SEP 13 2021 RECEIVED DCM WILMINGTON, NC SEP 29 2021 DCM-MHD CITY YCN M110-1 APPLICATION for Maier Development Permit (last mvlssd 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimatyAppllcant/LandownerInformation Business Name Palm Cove HOA Project Name (if applicable) Palm Cove Sandbag Revetment Applicant 1: First Name C ndi MI Last Name Levine Applicant 2: First Name MI Lest Name I/ additional applkants, please attach an additional page(s) with names listed. Mailing Address 904 Calamint Lane PO Box City Fa efteville State NC ZIP 2830 Country USA Phone No. 260.402 " 8947 ext. FAX No. Street Address (if different from above) City State ZIP Email nurselefty2002@mac.com 2. Agent/Contrector Information Business Name A en Contractor 1: First Name Debbie MI D Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilminaton State N ZIP 28408 Phone No. 1 910' 612 " 0402 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City Stale ZIP RECEIVED Email debbiew75 charter.net SEP 13 2021 <Form continues on back> RECEIVEDCM WILMINGTON, NC SEP 2 9 2021 w W. it r.c o as to l m a nag om a fit. I, DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Slate Rd. 4 Brunswick 1830 - 1848 East Main Street Subdivision Name City State Zip Palm Cove Sunset Beach NC M468 Phone No. Lot No. (a) (if many, attach additional page with list) 260-402 - 8947 ext. 1, 2, 3. 4, 5 , 6, 7. 8, 910 a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Lumber Jinks Creek Eastern Channel a Is the water body Identified In (b) above, natural or manmade? it. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yee []No work falls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,070'alon,q Eastern Channel 459.558 s . ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1.56, 1.15, 1.06, 0.96, 0.90,0.86, 0.81, 0.97,1.09, 1.19 NWL (normal waterlevel) (it many hit sizes, please attach additional page with a list) acres 4'- 12' HNHW or ❑N W L e. Vegetation on tract SeaOats, American Beach Grass, Lawn Grasses, Palm Trees and ornamental landscaping f. Man-made features and uses now on tract - - Single family residences, paved road, community docking facility, sandbags g. Identify and describe the existing lend uses adiscent to the proposed project site. Residential h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Residential CR-1 ®Yes ❑No ❑NA i. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo QUA -RECEIVED National Register listed or eligible property! <Form continues on next page>. ;EIVED SEP 13 2021 SEP 2 9 2021 DCM WILMINGTON, NC 252.808.2808 :: t•08d-4KC,OAS'r :: www.rklbq g-%5 a6"ement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (I) Are mere wetlands on the site? (11) Are there coastal wetlands on the site? (III) If yes to either (1) or (ii) above, has a delineation been conducted? (Attach documentation, If available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. None ❑Yes ®No ❑Yes ®No 5: Acti illes and Impacts a. Will the __ project be for commercial, public, or private use? ❑Commercial ❑PubiiclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations o1 the project when complete. The sandbag revetment will provide temporary erosion control protection of the imminently threatened road while exploring possibile alternatives to control continued erosion even after the installation of regular sandbags authorized under the CAMA General Permit regulations. 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. The sandbags will be filled with trucked in sand and water pumped from the Eastern Channel skidsteers and or backhoes will be used to move pumps and bags around as needed. d. List all development activities you propose. Installation of a larger temporary sandba.9 revetment to protect the only access road to the properties which is still experiencing continued erosion. e. Are the proposed activities maintenance of an existing project, new work, or both? Both 1. What is the approximate total disturbed land area resulting from the proposed project? RSq.Ft or ❑Acrea 5 000 g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes I NO ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None proposed i. WIII wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA I. Is there any mitigation proposed? ❑Yea ❑No ®NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> QC SEP 29 ZR M WILMINGTON, NG 2 52•806.2 808 .. I-esa-4RCOAST .. www.nccoabRWrwr^awWArUMy 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-1)the following Items below, if applicable, must be submitted in order for the application - package to be. complete. items (a) (1j arealways applicable to any augor development application. Pleaseconsultthe application instruction booklet on how fp propet" epars the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Odell Williamson Trustee & Bullington Ladane Trustee Phone No. Address 2 Causeway .: Ocean Isle Beach NC 28469 Name Preston Trible Phone No. Address 640 Deerfield Farm Ct., Great Falls VA 22066-3934 Name Phone No. -- - Address - g. A list of previous stele or federal permits issued for work on the project tract. Include permit numbers, pemlittee, and Issuing dates. CAMA GPa76201 to Ann Morales on 2/1320& GPs76202 to Pass Cove Holdings LLC on 2113120, GPs 76203 to Benjamin Levine on 211312& GPa76205 to Long Lest Pines, LLC on 2113IX GP# 78206 to As Ronnion on 211320; GP# 76207 to Howard Beach House LLC on 2/13I20a GPk 76204 to Donna Conner on 2113120 h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, If necessary. J. A signed AEC hazard notice 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), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. i, ce►nncat►on;anc+ Pen101"Ipn 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. Date 7120/21 Print Name Debbie Wilson. Agent Signature Pa'A" (,(AW4.0m, Please indicate application attachments pertaining to your proposed project. RECEIVED ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development SEP 13 2021 ❑DCM MP-4 Structures Information RECEIVE%CM WILMINGTON, NC SEP 2 9 2021 252.808.21t00 :: '1-888-4RCOAST :: www.nccoiemlm}{oovwynt.net Form DCM MP-Y 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. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL) stabilization Length Width Avg. Existing ' Depth NA NA Final Project Depth N A NA 1. EXCAVATION - - This nabo,n not spMftbfe a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated Include coastal wetlands/marsh (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 ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetlands/marsh (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 ❑SB ❑WL _ ❑None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation In cubic yards. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (ii) If yes, where? f. (1) Does the disposal include any area in the water? Dyes ❑No ❑NA (it) If yes, how much water area Is affected? RECEIVED RECEIVED SEP 13 2021 SEP 29 2021 DCM WILMINGTON, NC 252•808-2909 :: 1•81164ttCOABT :: w,ww_neeoas�atmanagument.net revised: t2126/06 Form DGM MP-2 (Excavation and h111. Page 2 of 2) 3. SHORELINE STARILIZATION ❑This section not applicable L (If deVebpmenf lsa Nrood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 1.000' []Bulkhead ❑Riprap ❑Breakwater/Sill NOther:Sandbags Width: 5'-25' c. Average distance waterward o NH r NWL: d. Maximum distance waterward of©H or NWL: _l7 01 e. Type of stabilization material: f. Sandbags l5'x5'x2'&10'xSx2' g. Number of square feet of fill to be placed below water level, h. Bulkhead backfill Riprap _ Breakwater/Sill _ Other 0-500 I. Source of fill material. Sandbags filled with trucked In sand from upland source (1) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount Information. Observation & documentation by DCM Staff & Agent and evidenced by continued erosion after the existing sandbags were installed of agprox. 5' - 20' Type of fill material. Sandbags filled with trucked in sand from upland source 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA It. (i) Will fill material be placed in coastal wetlands/marsh (Cm. It yes, (II) Amount of material to be placed in the water None (III) Dimensions of fill area 5_10x up to 1,000' (Iv) Purpose of fill To cover sandbags 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 ❑SB OWL ®None (II) Describe the purpose of the fill in these areas: To cover sandbags I5. GENERAL 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)? Sand wil be placed in sandbags sift fence will be used needed c. (1) WIII navigational aids be required as a result of the project? []Yes ❑No ®NA (ii) If yes, explain what type and how they will be Implemented. Submersible pump skid steer and or backhoe d. (1) WIII wetlands be crossed in transporting equipment to project site? ❑Yes ®No []NA 01) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. -- RECE!UED _7/28121 - Palm Cove HOA Dale — - Applicant Name'',, Palm Cove Sandbag Revelment pd-AiG�— WI IL Agent for_ DGMAWWWGTO Project Name "' -. Applicant Signature 252•H08-2808::1-888.4RCOAST::www.nccoasta_tmanagement.nat SEP 29 2021 revised: 12/26106 ;PLF OR :I (1 Ct> m 0 t-0 M v " < N M n o v m r z N O o z z 0 M M n m M 0 Vicinity Map RICEMILL CIR 0 rc w ta" 0 D O I M (� ONKOR vN r� K pR E OPK OR G.VOOO O ,N - OORoo MAC- O NOR ryO�OYt+Y TRL e O sr+oR E P M,e A, ST N C c z a fl R(v�RSIUE°�` N SITE T+ ��•E MAIN 5 ST �• �. �N MP(R ST I Palm Cove HOA Sandbag Revetment c/o Cyndi Levine Lots 1 - 10, Sunset Beach Brunswick County Prepared By: Debbie Wilson 8/2/21 NTS Sheet 1 of 5 Aerial Photo From DCM's Website Showing Current AEC @ Eastern Channel ='� •x, luy- 1 TX. .,-1titt A l:. i - - } lMOM Existing Sandbags „. .l *196 R 1 ------------- lt� Y "- • •- - Palm Cove Subdivision HOA ode Sandbag Revetment r - - c/o Cyndi Levine Lots 1-10, Sunset Beach Brunswick County I r.le[ Hazard Area'. 0 Prepared By: Debbie Wilson n - - parcel, 9 8/2/21 NTS Sheet 2 of 5 m m m v m z i ca 1 N v CO o o mv n Z N n Z 0 w 41, I V -,- - -7, Photo 2: Sandbag installation completed, bags covered with beach compatible material and planted with dune species. Photo taken on Oe- 4-27-2020 from the Palm Cove Community Pier looking east. V 4LIM .iM1]Wia��by Wb,�mea�e,M NYn1lrolh en " V91Dfefn (aXZ'r' a9t99aa 11a11'111I IM. I,n�IIII,11P�llI;I�llr Metl9 Wj�th ra"y i .��,w: M ebu tt aaaeee or Oe.d pagetI ofr4 urou ek �y�y�,���ty�k Psi Yw WNrI that 9r11 hhMabBf arenas a. Cleeeau apLNr of 0ee0e 12-12-2019 19 a7:99.092 9runeul ek CeontV, NC as ntWed by Ste Bru"WAok iAOW NC REVlaal[ s7fW: $2499.ee ttta929941 ' T14. M sat • e9taa09a9n that to patcd n atataaN 4M R0;W Type Lijairt TOW lat rA' I 7M: Cks. Ok9�Cmhs Rah:.. Cash $ Farmce avcnons of docurnsnt are IW09R*dua to cos"uon er txtpmal. 121, w- r.n wMel1s e__: mated by mv,.. FUANe9nl Itmt rwmmt be rup,wo or r.rrd. RECEIVED SEP 13 2021 DCM WILMINGTON, NC STATE OF NORTH CAROLINA GENERAL WARRANTY DEED REVENUE STAMPS: S 2,400.00 PARCEIA: 256MBOOI DRAWN BY AND KIRBY LAW FIRM, PLLC RETURNED TO: THE WEBSTER LAW FIRM PC This deed, made and entered into this 26th day of September 2019, by and between Thunder Road, LLC, a North Carolina Limited Liability Company (mailing address: 10709 Beaver Pond Lane, Raleigh NC 27614, Grantor, and Anne Morales, the Grantees, whose address is: 712 Triple Oak Drive, Murrells Inlet, SC 29576 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, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land located in the county of BRNS WICK, State of NORTH CAROLINA, more particularly described as follows: Please see attached exhibit A for legal description. For back reference, please see deed recorded in Book 2146 at Page 610, Brunswick County Registry. The above -described lot or parcel of land Is also known and identified as Brunswick County Tax Parcel No 256 ArB 001. The property herein conveyed is not the primary residence of the Grantor. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantor in fee simple. The Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2019 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. In witness whereof, the Grantor has hereunto set his hand and seal, or if corporate, has caused RECEIVED this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. SEP 29 2021 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION /,Z�allvnz� Tvetee Name of Property Owner Requesting Permit: Ann C'ad�oy .��%yedac.c(p✓r Ti-uif Mailing Address: �?j �r'?ovdtt l�aZ.y �rivc -��7�C t✓r� -- t Ne,�Yor- SGedtk CA- 42G4,0 Phone Number: CIS,�%,,-Gr/'ad-�34o Email Address: a/u'//° arya `QuJ gMa'/ e1'06:V, I certify that I have authorized Debbie Wilson, Agent Agent t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shoreline stabilzation consisting of additional sandbags. / . / at my property located at �_ _lQ/NJ (t/L �l [flt/f/ �laCl�/ !U� in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature / / ,L (�C�lkiAr AP Z': 4/a W Print or Type Name T � Title Date This certification is valid through A! / '51 / 24Z/ RECEIVED SEP 13 2021 DCM WILMINGTON, NC RECEIVED SEP 29 2021 DCM-MHD CITY Docuftn Envelope ID: 2E53488C-443F4298-822D-BB4541A3E8B4 NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE 1. Ann Morales understand that sandkrgs are temporary arofiowcontrol struoturas: that may remain in place for up to eightyosra after the dateof approvai.lf it Is protecting It building and an assoelatod septic system, a bridge or a road. The propatpr owner shall .be reapomsibie.for. re&4vaf of -any ponliim-of the temporary ervalon control structure exposed above grade within 30 days of the @Ad of the allowable time period. Any portion of the temporary erosion control structur s that becomes exposed above grade -after the expiration of the permitted time period shallbe removed by the property owner within 30 days of official notification from the Division of Coastal Management Ia this case the sandbag alignment may remain in piece up to. a Permit Nil. Address of the Structure Being Protected: Lot 1 Palm Cove Plat 84/81 Sunset Beach, 28468 Property Owner: Ann Morales (Firm, Corpomloa or Individual) If the property is owned by a Firm or Corporation give 2/s/2020 the name of the officer or authorized representative: Ann Morales o«usirnsdoy: Prts Name E ttiut Mdra(t,s sigr�.e If an agent is obtaining the permit on your behalf the following section must be completed in full: 1, Ann Morales give permission to, Tim Jackson Print owaerw Ot&r "Me Print Agent Name to act as my/our agent in obtaining a CAMA General Permit to place sandbags on the property noted above. CWcusia..d by: � Nrk s RECEIVED 50CA10901F75i°a-. Tim Jackson Owner or omieer Slpaerre Pnot Agent Name 1 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC Thunder STATE OI COUNTY I'1�III�Ik�ll111 ll11r1'��Iltll illya. Gl .r''PPOP RECEIVED SEP 1 3;2021 DCM WILMINGTON, NC I, I (tSri+r do hereby certify that Steven G. Thanhauser personally appeared before me and abhnowledged that he is the Manager of Thunder Road, LLC, a North Carolina Limited Liability company and that by authority duly given and as the act of such entity, he/she signed the foregoing instru rent in its name on its behalf as its act and deed. [Check One] ✓i) I have personal knowledge of the identity of the prncipal(s); or _ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a R. N C (Official Seal of T is Vie) �� _ .��Rs C . Co(/Nry' Date: 7/"v(P/� 2019 Notary Public Signature LA// le Pt4sr of 7 Printed Name of Notary Public My Commission Expires: to —621 21 STATE OF NCI COUNTY OFF 1, 1114 i • JY4,6 Qm&do hereby certify that Van E. Eure personally appeared before me and acknowlealfed that he is the Manager of Thunder Road, LLC, a North Carolina Limited Liability company and that by authority duly given and as the act of such entity, he/she signed the foregoing instrument in its name on its behalf as its act and deed. [Check One] jet)) I have personal knowledge of the identity of the principal(s); or _ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a ,t j1LLl gtt�G� Date: 9�°zro,_.2019 N 0 y/C :yxe ^r • 7 T ti Notary Public Si ature (Official e) ��i��tSm lfl^rfl^ Printed Name of Public My Commission Expires: /t) c9/ cp/ (See following page for additional signatures and notary acknowledgement) RECEIVED SEP 29 2021 DCM-MHD CITY Thunder Road, L By: By: i�iiu�nixu�ui � �!r �+ .�.. 3.f 4 RECEIVED SEP 13 2021 STATE OF NC- DCM WILMINGTON, NC COUNTY OF r 1, do hereby certify that Dean E. Belk personally appeared before me and acknowledg that he is the Manager of Thunder Road, LLC, a North Carolina Limited Liability company and that by authority duly given and as the act of such entity, he/she signed the foregoing instrument in its name on its behalf as its act and deed. [Check thee] 4)1 have personal knowledge of the identity of the principal(s); or _ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a Date: 9/alP 2019 (At / �4 Notary Public SignaturV Here) ` / Vi/I /�', f AgAsiv Printed Name of NoYary Public My Commission Expires: /0 3 / .P1 STATE OF NC - COUNTY OF WvJeL 1, V k do hereby certify that Shelley E. Balk personally appeared before me and aelmowl ed that she is the Manager of Thunder Road, LLC, a North Carolina Limited Liability company and that by authority duly given and as the act of such entity, he/she signed the foregoing instrument in its name on its behalf as its act and deed. [Check One] _,-(1) I have personal knowledge of the identity of the principal(s); or _ (ii) I have seen satisfactory evidence of the principal's identity by a current state or federal identification, with the principal's photograph, in the form of a ,�%M 11 l lqr Date: 9 �a 2019 IILL R / /i IV �`F y ys' Notary Public Signature (Official Seat N� �Ifb I ;r C # e �/r9(k4x yA �;` 6 Printed Name of Notary Public N�rit�>�My Commission Expires: /0-o�/-p%/ "This instrument prepared by: Amanda Kirby, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds." RECEIVED SEP 2 9 2021 DCM-MHD CITY "04 *� ty. � �4 a PPS 4 Pr 4 MOP Exhibit A Being all that real property described as Lot I of Palm Cove, containing 1.69 acres as shown on Survey by James R. Tompkins, PLS dated November 26, 2019, a copy of which is recorded in Map Cabinet 117, Page 87, Brunswick County Registry reference to said reap is hereby made for a more particular description. TOGETHER WITH AND SUBJECT TO a nonexclusive easement and right of way for ingress, egress and utilities over and across the property shown as "East Main Street Extension" and a "Proposed 20' Shared Private Driveway" on a map entitled "Proposed Subdivision Survey for Sunset Beach & Twin Lakes, Inc. of Lots 1 thru 10, 12.67 AC Total, Located on the East End of Sunset Beach" recorded in Map Cabinet 31, Page 190 and as amended and shown on the map recorded in Map Cabinet 84, Pages 81.82 of the Brunswick County Registry, reference to said map is hereby made for a more particular description. For back reference see Book 2146, Page 610 of the Brunswick County Registry. The above described lot or parcel of land is also known and identified as Brunswick County Tax Parcel No. 256MBOO L RECEIVED SEP 13 2021 DCM WILMINGTON, NC RECEIVED SEP 2 9 2021 DCM-MHD CITY 'RO@II 111 LI1111311111ly. 1r mi fPROP annaa M. cloaaona Ro9lolor or 0aods 02-24-2017 10:01'37.000 tlm lck early, NC me ai:veraJ9 STOP: S5072.00 `�'('9'�02/J0919) gawRm+tft:.. L� 1A6L6J � �uwurANdo::aAilA'Weooxdba �: .iaWWn sm wY W oy nips reel WARRANTY DEED Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28101 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXOHNAT[ON OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. This instrument was prepared by Joseph O. Taylor, Jr., a licensed North Carolina attorney. Delinquent taxes, If any, are to he paid by the closing attorney to the Brunswick County�Tat Collector upon disburvement of closing proceeds. The closing attorney is eat M- HD�IIMb STATE OF NORTH CAROLINA Revenue Stamps S 5 A 7� 2 . DO _ COUNTY OFBRUNSWICK Parcel Number dab At 039t �� THIS WARRANTY DEED, made this ?day of February, 2017 by and between PORT CITY ADVISORS, LLC, a North Carolina limited liability company with a mailing address of P. O. Box 16150, Wilmington, NC 28408 (herein called "Grantor") and PALM COVE HOLDINGS, LLC, a North Carolina limited liability company with a mailing address of 115 North Third Street, Suite 200, Wilmington, NC 28401 (herein called "Grantee"): WITNESSETH: NOW THEREFORE the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, its successors and assigns forever, all that certain real property located in Brunswick County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO (1) all easements, encumbrances, rights -of -way, restrictive 152858 Return to MTG RECEIVED SEP 2 9 2021 p DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC II�IIIIIII I�I II IIII Y.III7 NC RI�II �II trr11. Clw 2 r .I,PPOv covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years; (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and subdivision regulations; (v) the Declaration of Protective Covenants for Palm Cove Subdivision recorded in Book 2142, Page 220 of the Brunswick County Registry and any supplements and/or amendments thereto; (vi) the acknowledgment concerning inlet hazard areas as set forth below; and (vii) that Deed of Trust, Assignment of Rents and Leases and Security Agreement with Hypothecated Security Addendum to James C. Engel, Trustee for Aquesta Bank which is recorded on May 17, 2016 in Book 3767, Page 192 in the Brunswick County Registry. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, forever. And the Grantor, for itself, its successors and assigns, does covenant to and with the said Grantee, its successors and assigns, that it is seized in fee of the above granted and described property, that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. In addition to all other matters set forth herein, GRANTEE ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE LOTS ARE LOCATED IN AN INLET HAZARD AREA OF ENVIRONMENTAL CONCERN THAT IS BY DEFINITION A NATURAL HAZARD AREA THAT IS ESPECIALLY VULNERABLE TO EROSION, FLOODING AND OTHER ADVERSE EFFECTS OF SAND, WIND AND WATER BECAUSE OF ITS PROXIMITY TO DYNAMIC OCEAN INLETS. THE STATE OF NORTH CAROLINA IMPOSES SPECIAL REGULATIONS AFFECTING PROPERTY LOCATED IN OCEAN AND INLET HAZARD AREAS OF ENVIRONMENTAL CONCERN INCLUDING OCEAN SETBACKS, BUILDING STANDARDS AND A PROHIBITION OF THE USE OF HARDENED STRUCTURES AS A MEANS OF EROSION CONTROL. Pursuant to N,CG.S. § 105417.2, none of the property herein described Includes the primary residence of the Grantor. SIGNATURE PAGE TO FOLLOW 152833 RECEIVED DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. PORT CITY ADVISORS, LLC a North Carolina limited liability company BY: S� YJ Name: Title: Manager STATE OF NORTH �CA�R�OLLI�NA�� COUNTY OF Q�11L]]BLLcd (~ty WhM nk..kdrmml is Ykm) I, ��cenify that the following person personally appeared before me this day, a kno lodging to me that he voluntarily sigggqefore oing document for the purpose stated therein and in the capacity indicated: y�Qdhl n i t A Witness my hand and official seal or stamp, this lay of I r it i A w . 2017. Affi—A •J M�11 � z =-;P1 I E 01ARy pc My Commission Expires:71y �IIZ 152858 RECEIVED SEP 29 2021 ..�.,-:�7..-.y-.; •:.:___.-v.-:�..-�-ter.=s:cav::�".�-..,-_..:: Frr:�m T.-�.�:crt.-Fnry�:v.xa. ... .. DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC IIINN Ipp1IIIII1 pp ,u�1tg1W6 :-2._�.,, IIII� Leunlll'I�II�I iNr eF O�iN oen: 14ar,lgwPV. EXHIBIT A Being all of Lots 2, , and,O as shown on the map entitled "Revision Map for Record Palm Cove Lois 1-10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description. TOGETHER WITH and SUBJECT TO a non-exclusive easement and right-of-way for access, ingress, egress, and utilities over and across the land as shown on the above -referenced map. iSM8 RECEIVED SEP 29 2021 a.�'�y..xr..>,�-.: v:•x.er..��s.T:;:.r—:__._.;.—�.�n_rr..-•-+-`-�.-.r...—T DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC DMSign Envelope ID; 2AFa763F-405C-4EBC-WA-EFI2A6Ba2FOF NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE t, Bobby Harrelson andontandowmadbap arewpora+y arosim ombot ahvotum dw may remain In place for V to eight yeah afar the date of approval if it Is mledift a btrlidlag and an 4molated arptio ay+tem, a bridge or A read. The Peoi arty owner dull ba responsible fcx "oval of any pofdon of tba tarnpo"arodon oont of Wvohae e0ond above grade wldrin 30 days of tln and Of the allowable the period. Any portion ofthe UMPOMY erosion Omtrol atr XWM taut becomes wgmad above grad# after the eotphdon of the permitted torte period #lull be removed by the property owner within 30 dtys of oftioW ootiftoatim teem the DhUon of Coohl Management. In this case the wodbag allgrtmmnt may remain in plow up to, u " Permit No. Addrom of the Structure Being Protected: Lot /,Palm Cove Plat 84/81 Property Owner: If the property is owned by a Firm or Corporation give the natrm of the officer or authorized representative: Bobby Harrefson Plnname FeFeJBee90e��FE S*AU e 2/6/202o n.m If an agent is obtaining the permit on your behalf the following section must be completed in full: I give permission to, Tim Jackson Print r am a Oftlar Nome Prtnt Asset flora t!wa=/our agent in obtaining a CAMA General Permit to place sandbags on the ptoperty noted F9F pee1�FF.., RECEIVED Tim Jackson �amerottlarstpunaa p�,�Hpte 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC u.aa: ea. era aaa9rr-aun3n0dri-alxl'eao1.k 7 CUlIaI.I:�aItIaev�n: ,eaII�IN�aIa�LI ar o�bf� .w �°a-IRar of oee NRyNUstairs! ilm".90 wlcCounty, Nc T (aa47eas) {atom r coral Ckg ire ir -� . -Cke Crhf RefundCrh> p FYyrxy This Instrument was prepared bYt>f�jpsp a11cemed North Go d duoumenl ratyepibieduato eorsdxian Caroline Attorney. Delinquent taxes, x any, are to be paid by the cknlog attorney to the Brunswick County Tax Collector upori dabursement of 17 Donanarg o"kN 110111111 rerillad by oegkW closing proceeds. The Closing attorney is I Tsyreld,aa instrumOd mar C&ym be reproduced 0,copied. )yARRANTY DEED Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY, STATE OF NORTH CAROLINA Revenue Staill '�,500-o0 COUNTY OF BRUNSWICK Parcel Number 256MB003 THIS WARRANTY DEED, made this -,&Jyt day of 2017 by and between Palm Cove Holdings, LLC, a North Carolina limited liability ccfihpany with a mailing address of 115 North Third Street, Suite 200, Wilmington, NC 28401 (herein called "Grantor") and Benjamin Levine and wife, Cyndi Levine, with a mailing address of 29 Brown Avenue, Sundown, NH 03873 (herein called "Grantees"): WITNESSETH: NOW THEREFORE the Grantor, for and in consideration of the sum of Ten Dollars (SI0.00) and other valuable considerations to it in hand paid by the Grantees, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey onto Grantees, their heirs and assigns forever, all that certain real property located in Brunswick County, North Carolina, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. SUBJECT TO (i) all easements, encumbrances, rights -of -way, restrictive covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years; (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and 167999 RECEIVED SEP 13 2021 DCM WILMINGTOTJ-N�'D SEP 2 9 2021 JCM-MHD CITY 167898 g111IiIIIIII1IIIIlIIIILII)lllll1llr ° a6"' EXHIBIT A BEING ALL of Lot 3 as shown on the map entitled "Revision Map for Record Palm Cove Lots 1-10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description. TOGETHER WITH and SUBJECT TO a non-exclusive easement and right -of way for access, ingress, egress, and utilities over and across the land as shown on the above -referenced map. SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 [)CM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit- d,Ge 41,2AY1,11,,all, AC///f Mailing Address: �0/ tr it"0-40/7Li1L'1- Xrw-E c� eM�//�F ,cJ ✓� aC1', s" Phone Number: IP&C — Voa— 01L/7- Email Address: /S,-t�?,lPCca I certify that I have authorized/� GC ij SC'7 Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: j1-ZC1e6 r1-;? C at my property located at in u1��/County. 1 I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer, and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name Title 7 t/-t ' - Date + This certification is valid through RECEIVED SEP 2 9 2021 REd&&D CITY SEP 13 2021 DCM WILMINGTON, NC DocuSgn EnvebpelQ r1B6A681)-ACOO-4367-896P6Bt4A001DW NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE 1,. Cyndi Levine .ondennand the;sandbegs No temporary eraaloa control sumnana that smy wmsin In plot for up to at& years after Ipa date of approval if it Is prataattvB A bulldog and an awalated septic system, a bridge or a road the prepmyowner shall be responsible for Iemoval of aeyporden of the tmoporary erosion oontrol sm.Kture expand °bow grade within 30 days of the add of the allowable time period. Any pwgon of the terepotvy erosion obtatel sbuotum-that beoomea exposed abew greets Idler die exptradon of the pennhmd time period shall be rrnoved by the property owner within 30 days of oftial notification from the Division of Coastal Management. In this case the sandbag alignment may remain In place up to: y_(L� Permit No, 4W2v j Address of the Structure Being Protected: . 1 Lot 9 Palm f Plat 84181 Sunset Beach 28468 Property pwper. Ber4amin Levine & Cyndi Levine (Pins. Cmpontlm ored.laW) If the property is owned by a Firm or Corporation give the name of the offioerorauthorized represemadve: 2/6/2020 a.ra4m. p: r.rvrdona„f6enJemin Levine Pin Nam sirs= Dab, If an agent is obtaining the pe®it on your behalf the following section roust be completed in full: L Benlamin Levine/Cyndi Levine give permission to, jim Jackson PrIM censorOAmrN.ms Pun Aaua Ni m to Was mylour again. in obtaining a CAMA. Qeeoral Permit to place sandbags on the property noted taaw... by; —ensuworD.4kiv Tim Jackson Oamrar atfiar aipwwre Polo Agent Name RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC aIInIINI�II IIll[llp l ll1l lw a n. �ta� -"" Brenda a. claerana aoBNter of Deads 07-02-2n1 U:29:27.081 Brvu"lot county, Nc NC REVENUE BTWF: B25e111.411 (N761381) `( rot mere IM. Cr 1 Cash $ Refwd Can s Fkwice a ponlom d doament era uagible due to condition of on*sl. 17 Document contains sub v read by odgnN InSU e 4 that cannot be reproduced or oopbd. Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. STATE OF NORTH CAROLINA Revenue Stamps S 2. San. nn COUNTY OF BRUNSWICK Parcel Number THIS WARRANTY DEED, made this I_day of M IV 2021 by and between Long Leaf Pine, LLC, a North Carolina limited liability company with a mailing address of 115 North Third Street, Suite 300, Wilmington, NC 28401 (herein called "Grantor") and Clarence Louis Pittard, Jr., with a mailing address of 4994 Lake Tree Lane, Crozet, VA 22932 (herein called "Grantee"): WITNESSETH: NOW THEREFORE the Grantor, for and in consideration of the sum of Ten Dollars ($I0.00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, his heirs and assigns forever, all that certain real property located in Brunswick County, North Carolina, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. SUBJECT TO (i) all easements, encumbrances, rights -of -way, restrictive covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years; (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and 00312865 Thblme Attorney. praWredby� aid by the North SEP 9 2021 CedlrN Attorney. Delinquent Gee; a my, era to a WW M the sinning artomey to the Brunswick County Tax Collector upon disbursement of dosing proceeds. DCYt- D CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC 00312865 II IINe IUI���I'11II Y111!Nl�r EXHIBIT A aaaeCe FFFwuu H IMW�" a= � cPOV BEING ALL of Lot 4 as shown on the map entitled "Revision Map for Record Palm Cove Lots 1-10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description. TOGETHER WITH and SUBJECT TO a non-exclusive easement and right-of- way for access, ingress, egress, and utilities over and across the land as shown on the above -referenced map. RECEIVED RECEIVED- SEP 13 2021 SEP 2 9 2021 DCM WILMINGTON, NC DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Louis Pittard Mailing Address: 4994 Lake Tree Lane Crozet, VA 22932 Phone Number: 434 823 6258 Email Address: clp7v@icloud.com I certify that I have authorized Debbie Wi to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shoreline stabilzation consisting of additional sandbags. at my property located at Lot 4 Palm Cove, Sunset Beach, NC in Brunswick County. / furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature C. Louis Pittard Print or Type Name Title 7 22 , 2021 Date This certification is valid through 12 / 31 / 2022 RECEIVED SEP 29 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC Do Sign EnvNope ID2AF$763F4DSC4EnC-846A-EF12A6B82FOF NC DI -VISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE L Bobby Harrelson understand e6ptsandbaga are temporary erosion control thooc erns that may remain In pit" for up to Neat year, after the doe of approval. If it Is protecting a bullding and m associated "POO "am, a bridge of a reed,. The prepertyowner shall be responsible for removal of any porion of dre tanporary eroaiocmrruol rmuohue'Wondabove grade within 30 days of the and of the allowable time pwW.Any portion of Ore temporary erosion eoatroi }hucttos that becomes exposed above grade alter theaphption of the permitted time period shall be removed by the property owner within 30 days of odiciel 110g8oailon fiom the Division of Coastal Managenienl- in this an the umdbag aligrtmmtt may remain in place up to: �) `) 6 Permit No.- Address of the Structure Being Protected: Lot 4 Palm Cove Plat BN81 Sunset Beach 20468 Property Owner: I"�✓�2ic�% ffant Cmppslm m luarieuel If the property is owned by a Firm or Corporation give the name of the officer or authorized representative: 2/6/2020 Bobby Harrelson Prim N. M/ee2 /11 RawAu1rV $h➢,Wv° if an agent is obtaining the permit on your behalf the following section must be completed in full: 1 , give permission to, Tim Jackson Prim norm m Dttioer Nome Print Agee Nmic tOto us$er agent in obtaining a CAMA General Permit to place sandbags on the property noted rrrwexrmr 4 Tim Jackson Oars mOtfeer9 t7omao Aamr Nome --- - - RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC I�INII�I�IIII�IINI�IIII , »� IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. Long Leaf Pine, LLC a North Carolina limited liability company ..N e:u �i u :_,.: y STATE OF NOR ARO�LINA COUNTY OF If? ? i11. dl�/N/IN/1% (CO MWwhae wledynent token) I, Il%:/ certify that the following person personally appeared before me this day, acknAvledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Bobby W. Harrelson 00312965 Witness my hand and official seal or stamp, this J day of , 2021. (ONVA BRO* NOTARY No blic Z PUBLIC = ¢y My Commission Expires:._ 9—ZD—Z,1 �OVFR CO SEP 19 2021 ')CM -MHO CITy RECEIVED SEP 13 2021 DCM WILMINGTON, NO -.. This aenBee that Stare els w daarquera ad valorem wars, lace, IgM awsm-W 0 oltw 4was whW 0is Bnwwkk Canty Tax Colisdow is drrpad withm_a ben rc Parool Number Mfl®as ntb8ed by the Brunswick County A seeeearls O01oe. Tide to not a oerkbcation OW um powel rmmbw makMe to dam MAR 2 9 D19 X DM (AM) Tax Col. I Del. Tax Spao Excise Tax: $0.00 I�INta llu III�Y.IIII II�N Itl�lr I a'woP +-v Int.__ 3 I` cyni.,,._ .. Ceahm Flnarpe ',,:s�cumrntere Fegiaeduetowrgnbn '2 • ",:U^ sash vwUwd by odgwsl .;-'motbsreproduwdorcopled. NORTH CAROLINA SPECIAL WARRANTY DEED Parcel Identifier No. 0256 MB QOS Verified by County on the _ day of 20_ By: Mail/Box to: Mary Kay Bavoard. Ere.. JAMES, McELROY di DIEHL, P!., S25 N. Tryon St., Ste. 700.. Charlotte. NC 26202 This instrument was prepared by: Mary Kay Baynard. Era. Brief description for the Index: 1-5. PALM COVE PLAT 84181 THIS DEED made this 20th day of Much, 2019, by and between ALL MARIE RUNNION (unmarried) 17825 Spinnakers Reach Drive Cornelius, NC 28031 GRANTEE JILL MARIE RUNNION, TRUSTEE OF THE JILL MARIE RUNNION REVOCABLE TRUST DATED MARCH 20, 2019 17825 Spinnakers Reach Drive Coradius, NC 28031 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shell include said parties, their heirs, successors, and assigns, and shell include singular, plwal, masculine, feminine or neuter as required by comext. WITNESSETH, that the Grantor, for a valuable consideration paid bythe Grams, the raeiptofwhich ish=by admowledge 1, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all ofGramor's right, tide end interest in and to that certain lot or parcel of land situated in the Town of Sunset Beech. Shall otte Township, Brunswick County, Nosh Cerolku and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO The above4escribed property was acquired by Grantor by instrument recorded in Book 4064 at Page 0710 of the Brunswick County Registry. NC BuA swkn Pam No. 6 O 1112olo Printed by AVe nr with the NC Ism imw RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC -_aw ,1■II �INIIIIII,,.I IIIII1G Rw,.iH Os OiMiOo. M( 27 {xPeOP subdivision regulations; (v) the Declaration of Protective Covenants for Palm Cove Subdivision recorded in Book 2142, Page 220 of the Brunswick County Registry and any supplements and/or amendments thereto; and (vi) the acknowledgment concerning inlet hazard areas as set forth below. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, his heirs and assigns, in fee simple, forever. And the Grantor, for itself, its successors and assigns, does covenant to and with the said Grantee, his heirs and assigns, that it is seized in fee of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. In addition to all other matters set forth herein, and by acceptance of this deed, GRANTEE ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE LOTS ARE LOCATED IN AN INLET HAZARD AREA OF ENVIRONMENTAL CONCERN THAT IS BY DEFINITION A NATURAL HAZARD AREA THAT IS ESPECIALLY VULNERABLE TO EROSION, FLOODING AND OTHER ADVERSE EFFECTS OF SAND, WIND AND WATER BECAUSE OF ITS PROXIMITY TO DYNAMIC OCEAN INLETS. THE STATE OF NORTH CAROLINA IMPOSES SPECIAL REGULATIONS AFFECTING PROPERTY LOCATED IN OCEAN AND INLET HAZARD AREAS OF ENVIRONMENTAL CONCERN INCLUDING OCEAN SETBACKS, BUILDING STANDARDS AND A PROHIBITION OF THE USE OF HARDENED STRUCTURES AS A MEANS OF EROSION CONTROL. Pursuant to N.C.C.& § 105-317.2, none of the property herein described Includes the primary residence of the Grantor. 00312865 SIGNATURE PAGE TO FOLLOW EIVED EP 29 2021 RECEIVED SEP 13 2021 DCM WILMINGTON, NC MHD CITY DocuSign EmeWe ID. EFSAC0974CD04B23-A6UF-SM2382AG8D NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE 4 rniMarla Rn I -- uodetWW&mtnndba8swetemPomyaroalonoentrol tinuanuetikIMyrit"InInplaceforepmalghtyea,.Ibrtit dotsorVix0vilIfhisseot"11100 bttQdiggandn arsoolated wpda syaam, a bridge or a road.'Ilte ptpert' owner shag be raaPomible for removalsfeny pard" of the ieetporuy eMion *antral struonas expand above grade wbhin 30 doyi; of Ilia and offLealbwabie Hire. period. Anyporam of the temporary etwlon eafteo strutnura.that beaemef expoaad abevepidetfierme agthattea ofehe per xI(%d time pei W shall be rmooved by the property owner wlthla 30 days ofef OW nottliud oe 6om the bivlslon of Coural Management In twit cam the sandbag augment may remain in place up to: . Permit No.— � Address. of the Struotare Being Protected: Lot 5 Palm Cove Plat 84/81 Sunset Beach 8488 Property Owner. Jill Marie Rn- Inn (F"ar Cwpaetioe a roemmdl If the.property is owned by a Firm or Corporation give the nave of the o8loat or authotiied representative: 2/5/2020 oninn rpkfwm e� A r >.. F17 If an agent is obtaining the permit on your behalf the following section must be completed in full: 4 JIII Marie Ronnion , give permission to, Tim Jackson rnmoaxer offhwlare PdM Aaeat N&M � to, act at my/our agent in obtaining a CAMA General Petmit to place sandbags on the property noted `tlatuiR�e..e�� 4: arioeiefee_r Tim Jackson timer arc a Pdot AaMrNrrx RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC arerWa M. Clir,mans Raalatar of Duda 06-22-2620 15.",es,fte arunwlok County, NC NC REVENUE $TMR: $2400.00 (#628"1) IIIIINIIIIIII�IIIIIIIIIIIIIIIIIIHII �4i Pas, arunaulck wMY, NC Raalator of D.eda Raper 1 of 7 R Int Ck ;Cash2 Cash$ Firm e _ ,xtbn$o:.t ororent",IlegibieduetocorM@ion ongina, •"mentconitlilus081y YfillO6gbysMtlii W This instrument prepared by: David L. Wortnan, a licensed North Caroline eaorney. Delinquent taxes, If any, to be paid by the closing allomey to the Brunswick County Tax Collector upon disbursement of closing proceeds. No title opinion or closing services rendered by preperer. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: S2,400.00 Parcel Identifier No. 236MB006 Verified by Countycmdm_dgof .20 By: PREPARED WITHOUT EXAMINATION OF TITLE to: This imtnunent was prepared by The Worman low Firm. E= 624 Villager Rd Suite I Sh ilotte NC 29470 Brief description for the Index: 1.6 PALM COVE PLAT $4181 THIS DEED made this _ day of, 20� by and between GRANTEE HOWARD BEACH HOUSE, LLC, TIMOTHY DONATELIA & wife, a North Carolina Limited Liability Company ADRIAN DONATELLI 125 Chdterwood Court PO Has 365 Moormvllle, NC 28117 Prosperity, WV 25909 Enter in appropnam block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor end Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Onumer, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does gent, bargain, sell and convey unto the Grantee in fee shnple, all that certain lot or parcel of land situated in the City of Sunset Beach, Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: "SEE ATTACHED" The propeny herclnabove described was acquired by Grantor by instrument recorded in Book 3890, Page 165. All or a portion of the property herein conveyed _ includes or _ dim not Include the primary middence of Grantor. RECEIVED SEP 2 9 2021 . ,x � M-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ' Ank" ell, `�t // Mailing Address: Phone Number: 2 7 Email Address: 60W I certify that I have authorized Debbie Wilson, Agent , Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shoreline stabilzation consisting of additional sandbags. at my property located at in Brunswick County. 9 I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signs - re ,L j- e--m -25ay2ll fr• // . Print or Type Name Cr Title 71/312/ Date RECEIVED SEP 29 n DCM-MHD LIT\, RECEIVED SEP 13 2021 DCM WILMINGTON, NC This certification is valid through I I 34, All or a portion of the property herein conveyed _ includes or x_ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Map Book 84 at Pages 81.82 of the Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid Im or parcel of lend and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Orentor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Restrictive covenants, easements, conditions, and rights�of-way of record, and the lien of real property taxes for the year In which this conveyance is made. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the dayand year first above written. ISEALI (Entity Name) Prin Name: JILL MARIE RONNION Prbntrlype Name & Title: Print/cape Name!-_ YORTH CAROLINA . County -P Giq OWAUXUALMAW 1, the undersigned Notary Public of the County army of and State aforesaid, artily that EIr R1241M personally appeared before me this day acknowledged the due execution of the foregoing i(rkj'Ctiw oses therein expressed. Witness my hand and Notarial stamp or seal this 1&&Y of .AAnnrh SteW,ti, tp�, �](j� • Cowry erGWy of 7Vf11AiuodB mgned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of 201_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Nine State of . County or City of 1, the undersigned Notary Public of the County or City of end State aforesaid, certify that personally came before me this day and acknowledged that _he is the of . a North Carolina or corporatlon4imited liability company/general partnership/Ilmitad partnership (strike through the inapplicable), and that by authority duly given and n the set of such entity, _he signed the foregoing Instrument in its mine on its behalf as is act and deed. Witness my hand and Notarial stamp or seal, this _ day of .20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed tin Typed Name NC Bar Au.i fiun F. N. 6 O Matto Fr[nkd tar Aaraeaanr-nth Je NC Bar Aasaudon RECEIVED DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC ATTACHMENT BEINGALL of Lot 6as shown onthe mapeltifed"Revision Mapfm Record Pa'm Cwe Lob 1-10', recorded in Map Boric 84, Pages 81-8Z Brunswick Cwrry Registry, mlwerce Wwhlch map Is harabynarls rora mereprticullardeserlpficn. TOGETHER WITH andSUBJECTTO a ronerrCKB veeasenw t and rightdAway foraccess, kV%s, agrees, end uU(ilm war and across the lard as ellown on the abwe4Aaertced prep Inaddbonlodlotsrneft set fait herein, and by accepsnce of tie dead, GRANTEE acknoMedges, agrees and atdastards tatthla lode located in an Mal famdarea a armiromner" co cem thatle be def ninon a ranral hazard area fiat Is eBpaiWY vunaatle beroeilon, todrdg and otaradvers efaecte of sand, wind and wafer becauaed Its podrilty lo*wTic ocean ldeb. The$Woof NattCarcira Imposes special reguations atecing popady located in ocearl and Met hand areas of aMroarartfet tartan Inelucirgoceen setback, buldrhg standards and a prohibition of the use of hardened sirmtures as a mean of erosion cmYd Moreoamtwriy known as: Lott Palm Cwe, Sunset Bosco, NC 28468 (Patel ID No, 256MBOD6). DONATELLIO-140 w a Pahl Car. auroel Beach, NC 2e010 RECEIVED SEP 2 9 2021 RECEIVED SEP 13 2021 DCM WILMINGTON, NC HD CITY a uoP86�9e. saw r Ilrevlck County, nC ep leter of Outle page { of 7 HOWARD BEACH HOUSE, LLC WRITTEN CONSENT OF THE MEMBERS THE UNDERSIGNED, being all of the members of HOWARD BEACH HOUSE, LLC, a North Carolina limited liability company (hereinafter the "Company'l do hereby adopt the following reseluders by signing their-vvri8en consent hereto: • WHEREAS, the Company was formed on March 29, 2017 by the filing of is Articles of Organization wjth the North Carolina Secretary of State; WHEFXAS, the internal affairs of the Company and the rights, duties, end obligations of the members of the Company arc governed wholly by the North Carolina Limited Liability Company Act (the "Act") pursuant to the Section 5713-2-30(a) of the Act; WHEREAS, the Company purchased that certain property identified as parcel number MM8006 lwr led in Brume," County, North Carolina and as more particularly described on Exhibit attached heretotthe "Property'); WHERAAS, the purchase price for the Property by the Company was One Million One Hundred Ninety Thousapd and no/100 Dollars (SI, 190,000) (the "Purchase Price"); WHEREAS, the members believe it is in the best interest of the Company to sell the Property; i WHEREAS, the members desire for Kelly C. Howard to be individually authorized and directed to execute And fieliver in the name and on behalf of the Company, any and all doourmonts required or necessary for toe sale of the Property in which the gross ale proceeds arc equal to or in earns of the Purchae Price")m WHEREAS, the members desire to acknowledge that the net proceeds from the sale of the Property (the "Ithoceeds") shall be distributed in Accordance with the members' percentage Interest in the Company, Wd*%embers' percentage Interest being es follows: MEMBER INTEREST rEstate of Ronald Eugene Howard 25% A '."Kelly C. Howard 25% 1• �Nlhleen Howard 25% 44 i ;ochry Howard 25% NOW, THEREFORE, BE IT RESOLVED as follows; ;n i 1. rThat all prior things done and all prior actions taken by the Members of the Company in connection with Any matters relating to the operation of the Company including, but not limited to, the execution of arty and all documents, specifipily including the sale of the Property, are hereby in all respects ratifiedrconfinned and approved. I 2. y7hat Kelly C. Howard, as a Member and authorized agent of the Company is individually authorized and 4111c ed to execute and deliver in the name and on behalf of the Company, any and all J 95005E r ] t 1' tti 29 2021 CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC Iar II IIlck CIIII IIIIIIC RegIIIIII f D.. PP6ae°5 of 7 Brunaulek County, NC Reptalar of Oeetle veve a of ] documents required or necessary for the =to of the Property in which the gross sale proceeds are equal to or in excess of the Purchase Price, and such scalps shall be and hereby are in all respects ratined, confirmed and approved. 3. That Kelly C. Howard In his capacity, as Executor for the Estate of Ronald E. Howard is authorized to sign this Resolution on behalf of the Estate of Ronald Eugene Howard with respect to membership interess previously held by Ronald E. Howard, 4. That the Proceeds shall be distributed in accordance with the members' percentage interest in the Company as soon as Practical following the sale of the Company. 5. These resolutions may be executed in conmerperts which when taken together shall constitute the complete Resolution. Them resolutions are effective the _ day of October, 2018, MEMBERS: Estate of Ronald E. Howard ✓ BY. KI ellyC Howes Executor tr u Kelly Mary Howe i athleen Howard I 95"V2 RECEI ED SEP 2 z021 DCM-MHD CITY RECEIVED SEP 13 20?1 DCM WILMINGTON, NC n r docummb required or oaeuary for the sale of the Property In which the gross sale proceeds are equal to or in excess of the Purchase Price, and such acdons shall be and hereby are in all respects ratified, confirmed and approved. 3. Thai Kelly C. Howard in ids aPwity as Executor for the Es4tc of Ronald E. Howard is authorized to slim thla Rosohmon on behalf of the Estate of Ronald Eugene Howard with respect to m'r^bcrsWP interests previously held by Roa W E, Howard. 4. Tnat the Proceeds shall be diAmbuted In accordance with the membm, percentage Consent m the company as soon as practical following the sale of the Company. S. These reaolmlen4 MAY be executed In counterparts which when taken together shall constimm the complete Resolution t' IJblcre-bcr CM Thew resolypoos are effective the day of6cfelRr, 2018. tl s MEMBERS: i Estate of Ronald E. Htnrard s I By. . KeYy C. How ExtExecutor Q "4 C. Howard s a merry Howard A 5 V Kathleen Howard l , !Y I t aM01fN r.� �s. RE EIVEC tttsl...r .t, SEP 9 2021 RECEIVED SEP 13 ?oil DCM WILMINGTON, NC CITY }i Y i I111111NIIlII�IIIIIIIII��IIlIIB[!I �3ai ,2.�:-a� Brunwlck umtY, Rapla #r of Da#dr Pape ] or ] Exhibit Ugal Du ription BmG All. of Lot 6 as sho" on dre mp eMidod Movisloo &Up for Record PalmCowIota 1.10", teoordod In Map Book 84, Pagm 81.82, Bnmswick Cotmty P4$fty, mfareoce to which map it hereby medo for a mote puticuty dawdp" OG_T "" WITH ud SUBJBCI TO a rno-e mlw assoment and right. f. way Por aooaw, fn®oee, egrora, and utditka over rd erns the lard u shown on the above•rofermoed tntp. K 6 N h R 3' b IC m fy N iq a it s N s n :t oraaar� ;i RECEIVED 2021 ')CM_MHD CITY RECEIVED SEP 13 ZRI DCM WILMINGTON, NC nawsgn EmWh m: M970ssbIop4A7j2E 72-tAoaA"MaC NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE 4 JCeO HN nni . andarpad do wwmv we tattpowy mooe dm ctrol rarena. dud auy mmalq IN gwoArrup malabtyeeoa8w the dds of approrai If It 6 probetidg a W Wlag ad m awoalWd septfo Wsum a brtdp a a rod. Tha propatyoww null w mpoeaible fa mmovd-ormy perdw of tbs waparmy uoebo ambol sawbes axpmad tbora rl" wWde 30 drys of tbaad of the Wkwable time period. Any port-- of the ump&vy ermbe wm elaratue duk broamu exposed dm# Sda dw the axp0wim of the pmuRW tfms period shad be ramoved by & property ownerwtt b30 days do@-6t rAdFA tloa from rMDiviske of Coated Matupenent In this aoa the xmd* ag&uaam may ntm.lo Ia phoa up to: k > ,,,,, .Yetmlt No.. y-(,,)y 7 Addteet aftba Shvonae Bdog Protected: —. I Lot 6 Peim Cove Plat g4f81 Suttiet fetch. 28468 Property Owner - KoUy Howard IFe+a [apaerm m WWAa) Iftha property is owned by a Firm or Corporation give he aux of the after or authorized representative: z/a/zozo �� 6 i wAy wjj1yyr u+orisa�uwt /J«.rrt p��P� sVrere ff an agent is obtaining the permit on your behalf the following secdoa must be completed in full: 4 KeOy Howard give perroW{oo b,'nm Jacks an M:wrorOa►awae P*AAMu tram to sal as Myfour APO in abtalaiag A CAMA Omeral Permit to place smdbW on the propeny noted 7M. ( C Z' d G•ItA r.+ [�.t t/ Tim Jackson er Here Nrme RECEIVED SEP 2 g DCM-Mks RECEIVED SEP 13 2021 DCM WILMINGTON, NC �IIIINltll llll�lllllll11ll e9� DWo� MCI�wen�` 4'axaP Gran" K. Cloaaeno aoaloter of Dgdo NC tNC YOM STAW: S17a4.1111 (04 2582)r o �TotnJ._ .__...na_LIsc_ ._ Rohnd C,_,,fi _--Fieanca__ PoiA:n; ni,;:::, re re4�: o auaa sjclraa -.!ra±•r.!AZYa ce^.'a Mffra br arJPd :z: t E� wKdt [o �3�sed a m aea WARRANTY DEED Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 26401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. This instrument was prepared by Joseph O. Taylor, Jr., a licensed North Carolina attorney. Delinquent taxes, if any, arc to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. The closing attorney Is Liles & Godbey, P. C. STATE OF NORTH CAROLINA Revenue Stamps $1,700.00 COUNTY OF BRUNSWICK Parcel Number 256MB007 THIS WARRANTY DEED is made this qtk� day of September, 2015 by and between LONG LEAF PINE, LLC, a North Carolina limited liability company with a mailing address of 503 Olde Waterford Way, Suite 200, Leland, NC 28451 (herein called "Grantor"), and DONNA W. CONNER, unmarried, with a mailing address of 13279 Catharpin Valley Drive, Gainesville, VA, 20155 (herein called "Grantee"): WITNESSETH: THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, her successors and assigns forever, all that certain real properly located in Brunswick County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO (i) all easements, encumbrances, rights -of -way, restrictive covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years; 00133316 T_T SP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC TI 015 III Ljjj jj@jjjjjUQjii�j, e�s681 � .a pa"z .r1' M (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and subdivision regulations; (v) the Declaration of Protective Covenants for Palm Cove Subdivision recorded in Book 2142, Page 220 of the Brunswick County Registry and any supplements and/or amendments thereto; and (vi) the acknowledgment concerning inlet hazard areas as set forth below. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, her successors and assigns, in fee simple, forever. AND THE GRANTOR, for itself, its successors and assigns, does covenant to and with the said Grantee, her successors and assigns, that it is seized in fee of the above granted and described property; that it has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the title to the same against the lawfid claims and demands of any and all persons whomsoever. In addition to all other matters set forth herein, GRANTEE ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE LOTS ARE LOCATED IN AN INLET HAZARD AREA OF ENVIRONMENTAL CONCERN THAT IS BY DEFINITION A NATURAL HAZARD AREA THAT IS ESPECIALLY VULNERABLE TO EROSION, FLOODING AND OTHER ADVERSE EFFECTS OF SAND, WIND AND WATER BECAUSE OF ITS PROXIMITY TO DYNAMIC OCEAN INLETS. THE STATE OF NORTH CAROLINA IMPOSES SPECIAL REGULATIONS AFFECTING PROPERTY LOCATED IN OCEAN AND INLET HAZARD AREAS OF ENVIRONMENTAL CONCERN INCLUDING OCEAN SETBACKS, BUILDING STANDARDS AND A PROHIBITION OF THE USE OF HARDENED STRUCTURES AS A MEANS OF EROSION CONTROL. Pursuant to N.C.G.S. § 105-317.2, none of the property herein described includes the primary residence of the Grantor. SIGNATURE PAGE TO FOLLOW 00133316 RECEIVED SEP 13 2021 DCM WILMINGTON, NC 29 2021 CITY I6�����'Eb IIMIIIIQII �II aY. �l�ll. C/ir3,,251 IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. LONG LEAF PINE, LLC a North Carolina limited liability company ..r j STATE OF NORTH CAROLINA COUNTY OF +App_U('f(J I, , a Notary Public for A(Plli 444 /,LtINr County, North Carolina, do hereby certify that 1A6rt C . ir. F � u m mmr f Long Leaf Pine, LLC, a North Carolina limited liability company, personally appearefo d me this day in hislher official capacity and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and official seal this the day of 2015. My Commission Expires: -,.Qo�;'?irOPAP" r2WOO PU��O 00133316 RECEIVED SEP 13 202i DCM WILMINGTON, NC EIVED 29 2021 CITY ���� n ► iri date a s °'� EXHIBIT A Being all of Lot 7 as shown on the map entitled "Revision Map for Record Palm Cove Lots 1- 10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description, TOGETHER WITH and SUBJECT TO a non-exclusive easement and Tight -of -way for access, ingress, egress, and utilities over and across the land as shown on the above -referenced map. 00133316 RECEIVED SEP 13 2021 DCM WILMINGTM NC '-CEIVED 29 2021 OHD C1ry NC (Aytlg;fgr{ OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE t Donna W. Conner underEtartd thatsandbw roe temporary etuJunODOM, ehrtehuas Ar up to e1gM Y•atta d 0 t;;;;l h➢Moe n ar the dote of.arp av►i if his protooting a building Aw an waxieted bp.O. wad, a bridge M a toad. 7ha ptopagrotmer "I be reepoalihle'tbt redwvat of my portion of doe temporary erosion control sbumt e,Tosed above Wade w1Win 30 day$ of the andaf thkallowable tbne paw. Any pottim of doe "Poly '(on control shuow" that becomes abe Vale triter the eaphdon ordw permtteed dime period aludl be removed by the PMVGM o Winov30 4eylofgfftc lRedBcatioo ttore the bbbloo of Coartal molagement Ia.thie arse tba undbeg dlgnmeat AIRY romaln in piece up to: Ki t I — Permit No. Addrom of dw Shuctues IkWg Prottoted: Lot 7 Palm Cove Plot 94l81 Sunset Beach 2BA98 Property Owner: Donne W. Conner (Fero,cup&vd=w(cAv A) If the property is ownod by a Firm or Corporation give the name of the ooker or authorized reptasentetive: i•r 1 .•ra• 2[6Lamn or• if an agent is obbining the permit on your behalf the following section trout be completed in %U! h Donna W. Conner , Oo pamilvsionto. Tim Jackson Prhaoaa omorname Pdm Ageav" to actors my/bur agent in obtaining it CAWA Germral Permit to place sandbags on thepropertynoted abovo. Tim Jackson Sty:eoaa RECEIVED SEP 2 9 2021 _---.....—'--...... DCM_MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC t r, IINNCIh Illlllll ll lul r e e ;."a .� '� �-' Res: S✓� ct/ castes_ _Li( ;stall: ('3sh $�. Firm;;_--- f.?F.• n; cu JlwtaYN4 AriwzebcdQlD� - - !] Brand. M. Cloe.ena Register of Deed. i ::cumYUMtlBhs wAv-�.•y1p1'p.d >.' 05-19-31115 12:53:26.0a 11rw"lat Canty, NC RC REVEMR STOP: atada.aa (01449212) Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. This instrument was prepared by Joseph O. Taylor, Jr., a limaed North Carolina attorney. Delinquent taus, If goy, arc to be paid by the closing attorney to the Brnnswlck County Tax Collector upon disbandment of closing proceeds. The closing attorney is '�Ti-e- e. /r„�1 Frn, PI" STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Revenue Stamps $ 1,800.00 Parcel Number 256MB008 THIS WARRANTY DEED, made this _day of August, 2015 by and between PORT CITY ADVISORS, LLC, a North Carolina limited liability company with a mailing address of 503 Olde Waterford Way, Suite 200, Leland, NC 28451 (herein called "Grantor") and FINLEY EFARD, LLC, a North Carolina limited liability company with a mailing address of 2808 Chelsea Circle, Durham, NC 27707 (herein called "Grantee"): WITNESSETH: NOW THEREFORE the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto Grantee, its successors and assigns forever, all that certain real property located in Brunswick County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO (i) all easements, encumbrances, rights -of -way, restrictive covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years; 113563.2 SEP 22021 DCM-MH CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC a 1, .., NIIApll IIIty. tIlI�N (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and subdivision regulations; (v) the Declaration of Protective Covenants for Palm Cove Subdivision recorded in Book 2142, Page 220 of the Brunswick County Registry and any supplements and/or amendments thereto; and (vi) the acknowledgment concerning inlet hazard areas as set forth below. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, forever. And the Grantor, for itself, its successors and assigns, does covenant to and with the said Grantee, its successors and assigns, that it is seized in fee of the above granted and described property. that it has good right to sell and convey the same in fee simple•, that the same is frce and clear from any and all restrictions, easements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the tide to the same against the lawful claims and demands of any and all persons whomsoever. In addition to all other matters set forth herein, GRANTEE ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT THE LOTS ARE LOCATED IN AN INLET HAZARD AREA OF ENVIRONMENTAL CONCERN THAT IS BY DEFINITION A NATURAL HAZARD AREA THAT IS ESPECIALLY VULNERABLE TO EROSION, FLOODING AND OTHER ADVERSE EFFECTS OF SAND, WIND AND WATER BECAUSE OF ITS PROXIMITY TO DYNAMIC OCEAN INLETS. THE STATE OF NORTH CAROLINA IMPOSES SPECIAL REGULATIONS AFFECTING PROPERTY LOCATED IN OCEAN AND INLET HAZARD AREAS OF ENVIRONMENTAL CONCERN INCLUDING OCEAN SETBACKS, BUILDING STANDARDS AND A PROHIBITION OF THE USE OF HARDENED STRUCTURES AS A MEANS OF EROSION CONTROL. Pursuant to N.C.G.S. § 105-317.1, none of the property herein described includes the primary residence of the Grantor. SIGNATURE PAGE TO FOLLOW I Itl S.7 REC IVED SEP 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC ft IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. PORT CITY ADVISORS, LLC a North Carolina limited liability company BY: !w/ Name: tu k Its: /%,Y►fwr. ZN&n Per STATE OF NORTH CAROLINA COUNTY OF I, D/fWIC 41 %V&4 T a Notary Public for BW&IA/S&#CC County, North Carolina, do hereby certify that 8T6A_r SR/S= . ALfto rR& of Port City Advisors, LLC, a North Carolina limited liability company, personally appeared before me this day in his/her official capacity and acknowledged the due execution of the foregoing instrument on behalfofthe company. Witness my hand and official seal this the —& day of i¢f QW— 2015. My Commission Expires: (PXf-,2o/i' NOTARY PUBLIC 118563.2 SEP 2 2021 DCM-MH CITY RECEIVED SEP 13 ?N1 DCM WILMINGTON, NC Being all of Lot 8 as shown on the map entitled 'Revision Map for Record Palm Cove Lots 1- 10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description. TOGETHER WITH and SUBJECT TO a non-exclusive easement and right-of-way, for access, ingress, egress, and utilities over and across the land as shown on the above -referenced map. 118563.2 RECEIVED SEP 2c, 2021 .,.M-MH CITY RECEIVED SEP 13 2.021 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit:)l karts 1 r I p l e Mailing Address: Z 10 9 C Y12 sca' Circle Phone Number: Email Address: I certify that I have authorized k 00.coYYI to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shoreline stabiization consistina of additional sandbags. T� at my property located at 18�� SasI- / n bin ! - L , Su t�s&P&L-, A ,XI (' in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: lit Pia �✓�,(,Z�K�� ��// Signature KO, rf. Pl I Tr l D 1j2 Print or Tye Name Q\ArltC Title 07 I 13 12_0Z Date This certification is valid through i I RECEIVED SEP 2 9 2021 OCA4441I0 CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC Dow ftn En"" ID: 6F4100FO W E4050-6A98A2CMSFGWC NC DIVISION OF COASTAL MAgAGEMENT SANDBAG REMOVAL NOTICE KarenTridett `,undattand+b.tau>�aBaateteWpa2u�'eralea•oomro) maaw * racy ^ hPlsae t6rup W elgMtjeeea,totf>fte ease. ogy awa`c if h b pro pmstb., batgmeanassoobtsdsaptbsysteta,abridgeortmad7baPM" vamerstallbafespoetibkior toneval of my womof &0 taapo"y efmlaa.00mraf atrtmaaa eaposal v O"° a'd0 wtthln 70 days of dohs ble rhos PWW. MY PQ&A of tbeOMPomY 6"" oom'01 ebvattae that beoovw the endo bthe one ow. bftbe permitted tim PeW ahatt be, rftnovedby the rope« *WONithin30d eaftertlee notitlea avmsbeWvbidnofCoaeWMoWmant. owner within 30 dye ofofaoW ttpt)aeatfon s May mnain 1n place up to: ��,,,�� Pa>mle No.•].{p� ) In thin case the sandbag tdlgnmao '�-i"—` Addteu of dw SUUO= Being P[Otected: Lot 8 Palm Cove Plat 84/81 Sunset Bench 2848a Fmparty Owner.. Wyo OmerbAtiiad) If the property is owned by a Rhm of Corporation give the name ofthe ofar or Audmirad re)ttoaentative: 2/6/2020 �� p,tacxwe Yr1YMYiDNO.. e��s� If an agent is obtainingtho permit on your behalf the following' section must be completed in full: Karen Triplett give pentjWonto, ImJeckaon � P1W~"oONsr Name to act u my/our agent i, obtaining a CAMA General permit to place sandbags on the properly noted above. aanNanaq: %aril+..h,;�, µ Tlm Jackson ewrwlwcaue... 4earror Omoa a PAnI Age Nwe RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC iiiuuiisiisiaiihir ead, a6."ofa� Brads M. Clsnsar Roaleler of assds Be-20-2021 17:29:24.004 Brumuiek Caunty, NC NC REMUF STMR: 0e070.00 (111761526) TOto W RON, 3 R g i7TjBT Dash S —+iTe1HG Gk 1 , R°6"'t�-_ cash pePMbna a eoaum'a arts lllsplbp d'ro ee� sic". ODooumaatmosenseW'voby 'low kuaumenl#W canna bomp local 0rcepyy, NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: 14.570.00 Parcel Identifier No.: 256MB009 Mail aft" recording to: The Gordon taw Finn. P P O Hox 8 r .Mott ur �e�co This inatmment was prepared by Kierslen M. Gordon. The Gordon LAw Firm Pl -C NO OPINION OF TITLE RENDERED BY PREPARER Delinquent loxes, ffany, arc to be paid by the closing attorney to the Brunswick County Tar Collector upon disbursement ofthe closing proceeds. THIS DEED made this -2L- day of LIAIJ�-e_ 2021, by and between GRANTOR 'Fleur de Is Mar Properties, LLC, a North Carolina Limited Liability Company 32 Lythan Lane Durham, NC 27707 GRANTEE Prank Copoblanco, married, a 50% undivided interest and Ralph Dibugnars, married, a 50% undivided interest 10 Celestial Cl Me deign lox Grmlrw andGmwee a wed heeln rhdl lndede sold parties their bees, svicee. andauIM sndshdllndadesinliular, pinw(, emrnrline.deminlne w Mille, m reeuhedby mnreri. WITNESSETH, that the Grantor, for Ten and No/100 ($I0.00) Dollars and other valuable consideration paid by the Oramee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC The Property is not the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Orantee in fee simple. And the Onnor covenants with the arrow, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of All persom whomsoever except for the exceptions hereinafter stated. Title to the property hereinbefore described is subject to the following exceptions: 1. Any and all easements, and public and private utility or rights of way of record or otherwise affecting said property. 2. Ad valorem taxes for the current and subsequent years. 3. Subject to all restrictions, limitations and reservations of record and as amended and supplemented from time to time. IN WITNESS WHEREOF, the Grantor(s) have hereunto set their hands and seals, the day and year lint above written. Fleur dim LLC, a North Carolina Limited Liability Company %K�(SFAL) BY: Susan E. Sprott Managing Member STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK 'Ibis the,2_ day of W 0 2021, personally appeared before me Swan & Spurt, managing member of Fletir de In Mar Properties, LLC, a North Carolina Limited Liability Company, who being duly sworn and personally known to me or 1 have seen satisfactory evidence of above named person(s) by state or federal photograph identification ( ), says that they are the duly authorized member(s) of said Fleur Be La Mer Properties, LLC, and they signed the foregoinginstrument on behalf of said company, and they acknowledged the said writing to be the act and deed of said company herein staled. Date: 4,f wy I "I bb(tia Coot (officim3wPUBW Wake County, NC My Cotmtbslon Expires Sepiamber 22, 2024 xaa; `' Official Signature of Notary Public (Notary's Printed or Typed None) My commission expires: —l_U Me'N'q' RECEIVED SEP 29 2021 DCM-MHD CITY RECEIVED SEP 13 202) DCM WILMINGTON. NC T II�IIIINIIIIYIIL111111ll a ef_2a_yai, aD �7 �0� is. zs . as.eea unw ek !Y, • la er of Daeas luror,a PROo a oa0a a of 3 EXHIBIT "A" Being all of that real property described as Lot 9 as shown on the revision reap entitled "Proposed Subdivision Survey for Sunset Beach & Twin Lakes, Inc. of Lots I through 10, 12.67 AC total, located on the East End of Sunset Beach" worded in Map Cabinet 31 at Page 190 and revised in Map Cabinet 84 at Pages 81.82 and further revised in Map Cabinet 104 at Page 28, Brunswick County Registry, reference to which map is hereby made for a more particular description. The real property described herein is conveyed together with and subject to the following: 1. A norr-exciusive easement and right of way for ingress, egress and milltim over and across the property shown as "Best Main Street Extension' and "20' Drive - Private" and "10' Drive" on a map entitled "Proposed Subdivision Survey for Sunset Beach & Twin Lakes, Inc. of Lots 1 thru 1012.67 AC Total, Located at the East End of Sunset Beach" recorded in Map Book 31 at Page 190 and revised in Map Book 84 at Pages 81.82, Brunswick County Registry, reference to said map is hereby made for a more particular description. 2. A utility easement and right of way over and across the properly shown as "15' Easement" on a map entitled "Proposed Subdivision Survey for Sunset Beach & Twin Lakes, Inc. of Lots I duo 10 12.67 AC Total, Located at the East End of Sunset Beach" recorded in Map Book 31 at Page 190 and revised in Map Book 84 at Pages 91.82 and further revised in Map Book 104 at Page 28, Brunswick County Registry, said easement extending from the right of way of the Main Street Extension to the Atlantic Ocean as shown on said recorded maps, reference to said maps is hereby made for a more particular description. In addition, the real property described herein is conveyed together with and subject to an Easement and Maintenance Agreement dated November 16, 2004 by Sunset Beach & Twin Lakes, Inc., recorded in Book 2050 at Page 793 of the Brunswick County Registry. Deed Reference: Book 4322 at Page 99 Parcel # 256MB009 Property Address: 1846 E, Main Street, Sunset Beach, NC 28468 RECEIVED SEP 29 2021 DCM-MHD CITY RECEIVED SEP 13 2VI DCM WILMINGTON, NC Lot 9 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ( 0111[ (- 0" ) aVI( 0 Mailing Address: iU Cc Cou(+ S+,James . Ny 11W Phone Number: W 1-7J) 'ULI 2 9 Email Address: nRCt2 pWIn (o La rti7a i 1,Ce111 I certify that I have authorized Debbie Wilson, Agent to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Shoreline stabilzation consisting of additional sandbags. at my property located at 120 F 1�010 St-t f e fi, 5U n S C+_ J i OC( Lj C— in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating Information related to this permit application. Property Owner Information: Signature RECEIVED SEP 29 2021 Print or Type Name .f f DCM-MHD CITY Title 07 I 1� , . 11 Date RECEIVED SEP 13 2021 This certification is valid through / 1 DCM WILMINGTON, NC tbcuSign Envelope lP.7SE88882-159CGBA7.A0839F4eF32816sn NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE Susan ESpratt/DavidATendler andentaMtW--U[bWv$wgPen,ycroatonoontrol I, tLvanrnathat may reardn H plats ftu up W dgla or & ro a°r ats draof hPPro`''I tau h pro0ratlng bulidlry aed as euooiatld aepda aylat4+Ilt�Be or a road, Tire ptopetQr orwar ahail ba mepaulbb for rion of tM salon oont„ol Dtreotute mcpoeed a6w°grade wlthfn 70 days of remove of bo allowabl unary on ofthe temporary srcalon o0atrN atrudtme that beoenw the os d abovesmdo le Shoe paiod, e, fpt" pwmhtad time period atulibe removed by the t7mPeNy exposed in 3 Bede etta'tlta earmdf owner rvlddn 30 days of dfaaW notlfioatloe from the Dhlaton oCCoathd Mmrgsmea4 eat may remain In place up to: Permit No. 0y �.:vS_ •>�I (G Ia this case the sandbag altgnm i Address of the Soucture Being Protected: Lot 9 Palm r^ ve Plot 84/81 Sunset leach. 2M6R pnoparty Owber: Susan E 011 I.Cm I n z e o adhMaD lfthe ptoporty Is owned by a Firm or Corporation give the name of tbo officer or authorized representative: 2/5/2020 C°0e8 h�E SPIUDavid A Tendler o Prot Name uarrnmace.. if an agent is obtaining the permit on your behalf the following section must be completed in full: L Susan E SpratUDavld A Tendler give permission to, Tim Jackson PMewevw Omar Nw pdwApraw ,rn to aota my/oar agent in obtaining a CAMA Qemral Permit to place sandbags on the property noted a�ovu ,.Er. Tim Jackson oomr ar7mrctsw ua= abt ANW Naet RECEIVED SAP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC T ya t oil iiilly I�IIIILII1nl 10, o/ ,! F�a�ne/ 1'PROP y. ogle i 9etun taei flev- W. 2 CkS—Cnh$ Dal "oe orghslolaogsnent. are sftbk due to aMalon at 7DoganeM canape see!e vs laed bycVnef utsuwnent met umuu oe re,lraYxao o. Doped, DEED OF CORRECTION STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Excise Tax: $0.00 Parcel No. This instrument was prepared by: RHODES LAW OFFICES, PLLC 503 Olde Waterford Way, Suite 201 Leland, North Carolina 28451 RECEIVED SEP 13 2021 DCM WILMINGTON, This instrument prepared by: I. Randall Rhodes, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief description for the Index: Lot 10, Palm Cove All or a portion of the property herein described _ includes or x does not include the primary residence of a Grantor (per NCGS § 105-317.2) THIS DEED made this _ day of June, 2018, by and between Exum Family, LLC, GRANTORS whose mailing address is P.O. Box 1967, Wilmington, NC 28402, and Tatiana P. McCuen (unmarried) and Tadana Properties, LLC, GRANTEES whose mailing address is 205 Whispering Pines, Whispering Pines, NC 28327. WITNESSED: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot, tract or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: BEING ALL of Lot 10 as shown on that map entitled "Revision Map for Record Palm Cove Lots 1-10", recorded in Map Book 84, Pages 81-82, Brunswick County Registry, reference to which map is hereby made for a more particular description. SUBJECT TO (i) all easements, encumbrances, rights of way, restrictive covenants and other matters of record; (ii) ad valorem taxes for current and all subsequent years; (iii) any liens for municipal or county betterments or the like; (iv) all governmental land use statutes, ordinances and regulations, including without limitation, zoning, building and subdivision regulations; (v) the Declaration of Protective Covenants for Palm Cove Subdivision recorded f 29 2021 CITY { ti1 1. Nhn(I(IlVligllllllll�l�ll ljd z6= in Book 2142, Page 220 of the Brunswick County Registry and any supplements and/or amendments thereto; (vi) the acknowledgement concerning inlet hazard areas as set forth below. TOGETHER WITH and SUBJECT TO a non-exclusive easement and right of way for access, ingress, egress and utilities over and across the land as shown on the above referenced map. The purpose of this deed is to add one Grantee to the deed recorded in Deed Book 3867 at Page 1386, Brunswick County Registry. S E P 13 TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. DC M W I LM And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. In addition to all other matters set forth herein, Grantee acknowledges, agrees and understands that the lots are located in an inlet hazard area of environmental concern that is by definition a natural hazard area that is especially vulnerable to erosion, flooding and other adverse effects of sand, wind and water because of its proximity to dynamic ocean inlets. The state of North Carolina imposes special regulations affecting property located in ocean and inlet hazard areas of environmental concern including ocean setbacks, building standards and a prohibition of the use of hardened structures as a means of erosion control. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. p10TgR-' t4 A a GBLIG Exum Family, LLC a North Carolina limited liability company By: ,L'a.,,}_ C� G�.. (seal) Name: L K' o Title: fvtc^6rnlet_.aes_ 1, )6,a \&Urt:tto. 1,00bov a Notary Public of said County and State do certify that uola,A A6wLhm. personally appeared before me and acknowledged that he is •na.�a.�sv._ Ate_ of A Is. t'LQ ",-aL - , and that, by authority duly given as the act of the corporation, the foregoing instrument was signed in its name by its ftSaassantr rve or Witness my hand and official stamp or seal this J.1314'day of 2018. D Notary Public: My commission expires: A 10.3 I JG:1l 0 ,NC EIVED 29 2021 HID CITY Property Owner Information: �hcCcc¢<G_ Signature 7A7JA,V4 4kCafA,1� Print of Type Name OLNa Tilts 0'7 i dl Date This certification is valid through RECEIVED SEP 2 9 2021 DCM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC OocuSgn EmlApe R]CGiG56EBB1<TIa.eP14OOFaf6TSC6E, NC DIVISION OF COASTAL MANAGEMENT SANDBAG REMOVAL NOTICE L Tatian McCusn WWW Wtbot..eAmp ae.teropmmy mnNao oeaaW strtaaarm do may t a Poe awrama.no, tbdaeetappwvmifit ie pvneN a bWWhW,mmdat seoNmd r.pdo ryamm,, bridge oraia.e.'m. prep.nye.aw ab.P ba mrpadbls fm r.nq.defaay pordm oP dhatmataway•�®omC.i.a+ce.. ngo�ed ie�e wW wi9u.30darof daand4ftb.a0vrehl.ter.1eriod. AnYPam•^ofm.aaquaywmi0u. ad.bvumaarmbemmc+ aapo.edabm p*Clo nertbo es14 eftbo parmmedf® petiod.ha1lbemmomdbya•F-1tb owv w�io 30 dryer ofo�oi.I.u45artiow slam de Diisioo ofOo,aW Msegavmc --I --�l � In this cane the modbag afiArmeat may tame in pleoe up to: Pmmtt No. Arddtess of Poe S4uctwe Being Prorec+ad: Lot 10 Patm Q..e Plat 84181 Sunset Beach, 28468 Ptoperiy Ow Tatlarw McCuen Veer C.prle.>1iria� Whe ptopaty is owned by a ] »m or Cotporsd= give the n of do officer or amhaiad tepre*=Mw Tagana McCaen ire If an agent a obair=g the pcomit m y" behalf the following aemm mnet be completed in full: 1. Tags McCt . give pasilmon to. Tlm .lacksm Idee.wn:oC rn.e re.raeertwm m am as ery/ow agent in obtaining a CAMA Oemal Petntit m pycs ssdbags q the pmparcy t and 'r"warmao I . -PM Jackw 0.ve<a orae<3e v � v cn n n m z W m-- m ZZ m v ' I< z o v 0 o O z 0 Contact Name * Debbie Wilson Contact Email Address* debbiew75@charter.nel Project Owner* Palm Cove Subdivision HDA c/o Cyndi Levine, President Project Name * Palm Cove Sandbag Revetment Project County* Brunswick Owner Address: * arw Addrras 1830 to 1848 E Main Street ArkkMs t im 2 my Stale / Rance / Region Sunset Beach NC nslal / Zip G•n muAry 28468 USA Is this a transportation project? * r Yes t: No Type(s) of approval sought from the DWR: f 401 Water Quality Certification - Regular r Individual Permit p Shoreline Stabilization r 401 Water Quality Certification - Express r Modification Does this project have an existing project IDp? r Yes r' No Do you know the name of the staff member you would like to request a meeting with? Holley Snider Please give a brief project description below and include location Information.* Propose to add additional sandbags to the ebsting 20' x 1,000' sandbag structure. New sandbags will be placed landward of the existing sandbags (approx. and additional 5' in width) to an elevation of 12' above MHW. RECEIVED SEP 2 9 2021 [ACM-MHD CITY RECEIVED SEP 13 2021 DCM WILMINGTON, NC 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 ■ Complete Items 1, 2, and 3. Print your name and address on the reverse 7Signa(ure■ so that we can return the card to you. ■ Attach this card to the beck of the mailplece, e. aceived or on the front if apace permits. �Iict 1. Article Ago ased to: D. Is delivery - -- -- - - - — r_ If YES, enl Odell Williamson Trustee and r Bullington Ladane Williamson Trustee 2 Causeway Ocean Isle Beach, NC 28W69 3. 7treeI ���IN1111111 �������1111 oadu°sa 9590 9402 4674 8323 6014 80 O CemOed Man® Certified Mail Re 7020 0640 0000 0376 7394 ;. PS Form 3811, July 2015 PSN 7530-02-000.9063 SEP 13 2021 Delivery insured Mall Insured Moll Restricted Delivery ■ 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 mallpiece, or on the front It space permits. 1. AnkleAddressed to: - - - - Preston Trible 640 Deerfield Farm Ct. Great Falls, VA 22066-3934 IIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII 9590 9402 4674 8323 6014 97 7020 0640 0000 0376 7400T Ps Form 3811, July 20T6 PSN 7530-02-000-9053 _ 17 17 ❑ Prionti, Man Express® ❑ Registered MaHn' ❑ Rnlsterod Mall Restricted Delvery ❑ Return Recelpt for Marcnardlse O Signature Con@motion'- 11 Signature Confirmatbn Restricted Delivery Domestic Return Receipt D. Is delivery ec�f(4}. en 17 U Ye: If YES, ente �ovn ❑ No SEP 18 2021 DCM WILMINGTON, NO ;e Type ❑ Priority Mml Express® Il9murre ignature ResUkted DalNery ❑ Registered Mail"' o Regislcr. JPeslricted o Maio 0 Mail Restricted DdinsfY Delivery ❑ Return Recelpl far Merchandise on Del Wary on Delivery RasV.cted Delivery 0 Signature ConfirmationTM O Sign el,,a Confmmetlon Mall I Mall Reatricted Delly" Restrcted Delivery 500 Domestic Retum Receipt RECEIVED SEP 2 9 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September29, 2021 MEMORANDUM.' NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckna NCDENR.gov SUBJECT: CAMA/D&F Applicant: Palm Cove HOA Project Location: 11830-1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County Proposed Project: Proposal to increase an existing sandbag revetment to an oversized alignment, totaling approximately 25, 000 sqft. to protect an imminently threatened right-of- way and access road. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by October 25, 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 AGENCY SIGNATURE 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. DATE RECEIVED SEP 2 9 2021 DCM-MHD CITY DREM15 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 nwrw raaixas 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 EnvtronmentalQualfty September 291% 2021 SENT VIA EMAIL RE: CAMA Major Development Permit Application Palm Cove HOA r/o Cyndi Levine Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the expansion of an existing sandbag revetment in the Palm Cove Subdivision in Sunset Beach, Bnmswick County, NC. It was received complete on September 291, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 13°', 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. If this agency does not render a permit decision within 70 days from September 20, 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. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sine rely, ~ r� J, "/j A, Brendan Brock Field Representative cc: Cameron Luck, MHC Town of Sunset Beach W1RO DCM RECEIVED USACOE Holley Snider, DWR Cyndi Levine, Applicant SEP 29 2021 DCM-MHD CITY North Carolina Department or Environmental Quaiiry Division of Coastal Management D_E Q Wilmington Office 1 121 Cardinal Drive Extension Wilmington. North Caro:ina 28405 NOTI(.4"'O$Jz'� CAMA PERMIT APPLIED FOR PROJECT:-- Applicant proposed to increase an existing 9 d right-o -way access road at 1830 — 1848 E Main t , adjacent to the Eastern Channel of Jinks Creek in ®ber-2f--20.E-1-- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Palm Cove HOA c/o cyndi Levine NC Dlv. Of oasts anagemen 904 Calamint Lane 127 Cardinal Dr. Ext. Wilmington, NC ZB405 Anent. Debbie Wilson �� Bren an roc (910) 612-0402 ^o G ROY COOPER Gmrmor ELIZABETH S. B1SER Senemry BRAXTON DAVIS Dlnvmq Dnvsnn ofCrmrinl b/mmgeattm September 29, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Palm Cove HOA —Brunswick County • Keith & Pamela Harrold —Brunswick County • Christopher Scerri —New Hanover County Hello: Please publish the attached Notice in the Monday, October 4, 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 Division 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. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. a - & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE RECEIVED SEP 2 g ,, 21 OCM-M D CITy Slate ofNorth Carolina I Environmental QualityI Coastal Management 127 Cardinal Drive EaI., Wilmington, NC 29405 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- I I9(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On September 29, 2021 Palm Cove HOA proposed to increase an existing sandbag revetment to an oversized alignment, totaling approx. 25,000sgft to protect an imminently threatened right-of-way access road at 1830 — 1848 E. Main St., adjacent to the Eastern Channel of Jinks Creek in Sunset Beach, Brunswick County; On September 22, 2021 Keith & Pamela Harrold proposed to install a private four (4) slip docking facility with gazebo & boathouse at 427 Shoreline Dr. W., adjacent to the AIWW in Sunset Beach, Brunswick County; And on September 29, 2021 Christopher Scerri proposed to perform new dredging with the expansion & reconfiguration a private docking facility to a total of four (4) slips at 125 Parmele Blvd, adjacent to Middle Sound in Wrightsville Beach, New Hanover County . Copies of these applications can be examined or copied at the office of Brendan Brock (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 (Brendan Brock) or (910) 796-7424 (Katharine Elks) 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 October 25, 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 SEP 29 2021 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC,,-"1 Yr" Fee.'$ 4CV # Iorb CDAITS MHC cc Jk— Applicant: AgentlConlr cto : C Olt Project Site County: Staff: District: Wilmington n.. Project Name: t Srr 1 a Rover File: n/a River Basin: Initial date of application submittal: /7 .2ca I D Date application "received as complete' in the Field office: Permit Author zation: CAMA Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes ZNo PNA: []Yes eFNo Photos Taken: Yes No❑ Setback Required (riparian): DYes M0 Critical Habitat: LJYes LJNo Not Sure 15 foot waiver obtained: ❑Yes PNo Hazard Notification Returned: [9Yes []No SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: es ❑No Sure Sandbags: Yes ❑No ❑ Not Sure Did the land use cla sification come Mitigation Required (optional): from county LUP: es ❑No ❑Yes No Moratorium Conditions: Environmental A essment Done: Length of Shoreline: ❑Yes No ❑NA ❑Yes UlNo ❑NA OFT. Shell sh Area Designation: Project Description: (code) Development Area: (code) pe -or- Closed i�ac (St- dOU 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) NETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina allemiflora) cynosuroides) El (DS) Sall or spike grass (Dislichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicala) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP' Salt/meadow grass (Spartina roemerianus) patens APPLICATION FEE El No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - II. Public or commercial/no dredge RECE:IVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 SEP a ; 4144 can be applied; DCM needs 29 2021 DWQ agreement - $400 ��rv,-mnu UTY Applicant: Date: �'2$2d21 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 S Now Work Maint ❑ Replace ❑ Y N r S I ( O OQ, New Work ❑ Rep la Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Main/ ❑ ❑ 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 DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andlor restoration or and/or temp restoration or temp impact tamp impacts) impact amount) tamp impacts) amount —' S, OOU Dredge ❑ Fill 10 Both ❑ Other, Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ SEP 29 2021 DCM-MHD CITY 919-733-2293 :: 1.888.4RCOAST:: www.nccoastalmanagement.net revised: 02/28/18 Date Date Check From Name of Vendor Check Check Permit Received Deposited Permit Holder Number amount Number/Comments 9/28/2021 1 Palm Cove Owners same First 1056 $400.00 major fee, 1830-1848 E Main St, BB rct. Assoc. Inc. Citizens I Sunset Beach BrCo Split 60/40 15540 Major Permit Fee Schedule Project Name: Pa(� Uvt 140A County&-,,,S. -0i Check No & AmoW t: (os(p yW awl DCM % DWQ % Development Type Fee (14300160143510009316256263) (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. 11. Public or commercial development tlfal does not involve the filling or excavati 4 100% ($400) 0% ($0) of any wetlands or open water a s: 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-commerclal development, 4 General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). If General Water Qua(edto Certification No. 4175 could be a but DCM staff determined that ad $400 60% ($240) 40% ($160) review and written DWQ concurr needed because of concerns relwater 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: e GIN6.L._. SEP 29 Z021 OCM-MHID CITY DCM Coordinator: Gregg Bodnar County: rk - Cam Luck Permit #: TOP WIRO E-MAIL DISTRIBUTION SHEET Circle t e: Bio Report Permit for: �01 Vt/I W Oversize sent: � LA- DCM Offices: Morehead City: PT (if oversize) via CourierN 'cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet 'MHC documents (Cam & Amanda) �.. Wilmington: Original hard -copy ----------------------------- ------- ----------------- ------....... --------------- --------------------- ---- -------------------------- ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: �r& Carteret Co): PN, CL, Reports, Split Sheet _ use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ [l�eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: Xolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet (PN/ON): PN, CL, Reports, Split Sheet_ John Perry on all (training) - 401: PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet ------------------------------ ----------------------------------------------------------------------------- ------------- ------------------ Marine Fisheries: i11 im Harding_ DCM Planner/WiRO: .4ike Christenbury _ Cultural Resources: v4enee Gledhill -Earley Environmental.ReviewOncdenrgov_ Natural Heritage Prog. �Zark ney Butler DCA-Rural Eco. Dev: Ziegler _ NC DOT: v,K id Harris Wildlife Resources: Maria Dunn w/Reports State Property Office: ✓fpill'� Walton: DEED dQ�' a Moser ,,Wanda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: „ieremy Humphrey (Bio) / haron Gupton, Admin. DEMLR:ristine Hall - Stormwater Section an Sams - Land Quality Section Public Water Supply: /eidi Cox City of Wilmington: —31saw"UNmr /Feld '✓y"Ay, eyve+— Enforcement: Rep: Co. LPO ✓� ✓I `e V i I S Agent: DISTRIBUTED: 0 121121 ' r r RECEIVED SEP 2 9 ZGZ1 DCM-MHD CITY ,h d F Existing Sandbag Structure In Yellow Approx. 20' Wide x 1,000 ' long Existing Community Docking Facility r A. s • 4 East Main St. ' AOOOOO INN Lot 7 r •�� n Lot 6 •' Lot 4 Lot 1 Lod 2 • ,_ ����,:• � • L-ot 3 M i " Lot 10 Lot 9 Lot 8 � •, �,/ % `�,�` •, _ / i J `� `'� �Wa. lit wl•� • .p .yft,�c,.' 1 Palm Cove Subdivision HOA Sandbag Revetment ' r c/o Cyndi Levine ,t,, •" Lots 1-10, Sunset Beach " �* • Brunswick County ' Prepared By: Debbie Wilson 8/2/21 NTS Sheet 3 of 5 RECEIVED RECEIVED SEP 13 2021 SEP 29 2021 DCM-MHD CITY DCM WILMINGTON, NC W o 4- &,07 Existing Conditions 10, Palm Cove Subdivision HOA c/o Cyndi Levine Sandbag Revetment Lots 1 - 10, Sunset Beach Brunswick County Drawn By: Debbie Wilson 7/20/21 Scale: 1" = 3' Sheet 4 of 5 All Elevations Are Relative to MLW MHW = 4.95' MLW = 0.0' RECEIVED SEP 29 2021 DCM_MHD CITY C RECEIVED SEP 13 2021 DCM WILMINGTON, NC 1-2 o -r v.� Proposed Structures X-Sections 12' 10 u �.; ._ Bag Adiacent Koad2' P endicu Road 8' Bag endi a ar Elevation' 1 Ba varies from 8' -10' aralle Parallel Perpendicular All Backfill ' Bag Bag to be Trucked In allel Parallel And Beach Bag Bag Perpendicular Compatible Bag Paral Perpendicular - Bag Perpendicular l Bag 2' 4' 6' 8' 10, , 0.01 20' Base Width Proposed Base Width = 25' Palm Cove Subdivision HOA c/o Cyndi Levine Sandbag Revetment Lots 1 - 10, Sunset Beach Brunswick County Drawn By: Debbie Wilson 7/20/21 Scale: 1" = 3' Sheet 5 of 5 = Existing Sandbags Ej= Proposed Sandbags All Elevations Are Relative to MLW MHW = 4.95' MLW = 0.0' - 4HW Existing Sandbags 6'in Height w 6=MLW Existing �� Ottom Contour RECEIVED RECEIVED SEP 29 2021 5EP 13 2021 DCM-MHD CITY DCM WILMINGTON. NC